HomeMy WebLinkAboutBIL 129 Draft 04 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 129
(Draft 4)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO
AGRICULTURAL PROJECT DISTRICT (APD) AT KA'A W ALOA, SOUTH KONA,
HAWAII, COVERED BY TAX MAP KEY 8-1-9: 18, 19, 21 AND PORTIONS OF 20, 22, 23
AND 24.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-4, Article 8, Chapter 25 (Zoning Code) ofthe Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Ka'awaloa, South Kona,
Hawaii, shall be Agricultural Project District (APD):
Beginning at the Northerly comer of this parcel ofland, being also a point on the
Southerly side of Ka'awaloa Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "LAE 0 KANONI" being 21,718.24 feet
North and 969.04 feet West and running by azimuths measured clockwise from True
South:
Thence, for the next four (4) courses following along Lot 4-A and along the
remainder of Royal Patents 4386 and 7532, Land Commission Award 8452,
Apana 10 to A. Keohokalole:
1. 3270 39' 139.28 feet to a point;
2. 3280 19' 250.45 feet to a point;
3. 3270 40' 64.68 feet to a point;
4. 3290 55' 101.50 feet to a point;
Thence, for the next seven (7) courses following along the remainder of Royal
Patents 4386 and 7532, Land Commission Award 8452, Apana 10 to A.
Keohokalole:
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5. 3240 45' 40" 113.75 feet along Lot 7-B to a point;
6. 3270 11' 64.51 feet along Lot 7-B to a point;
7. 460 00' 246.78 feet along the remainder of Lot 2 to a point;
8. 570 00' 141.66 feet along the remainder of Lot 2 to a point;
9. 390 00' 319.53 feet along the remainder of Lot 2 to a point;
to. 550 25' 450.83 feet along Lot 3 to a point;
11. 1450 47' 987.61 feet along Lot 3 to a point;
Thence, for the next seven (7) courses following along the Southerly side of
Kaawaloa Road:
12. 2540 44' 195.20 feet to a point;
13. 2480 42' 172.77 feet to a point;
14. 2320 31' 161.85 feet to a point;
15. 2340 51' 164.85 feet to a point;
16. 2360 45' 95.61 feet to a point;
17. 2400 15' 333.26 feet to a point;
18. 2380 04' 58.93 feet to the point of beginning and containing
an area of 22.511 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof (herein after referred to as the "subject property").
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
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B. The applicant, its successors or assigns shall be responsible for complying with
all requirements of Chapter 205, Hawaii Revised Statutes, relating to
permissible uses within the State Land Use Agricultural District.
C. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
D. Final Subdivision Approval within the proposed agricultural project district
(APD) area shall not exceed seven lots and shall be secured from the Planning
Director within five (5) years from the effective date of this ordinance.
Subdivision plans shall delineate the 50-foot access easement, from Napo'opo'o
Road to and within the subject property.
E. Access to the subject property from Napo'opo'o Road shall meet the
requirements of the Department of Public Works. Roadway improvements, if
required, at the intersection of the access road and Napo'opo'o Road shall meet
the requirements of the Department of Public Works.
F. The roadway improvements for the access extending to the subject property and
the interior roadway within the subject property shall be constructed to a
16-foot [20-foot] wide paved roadway [with 2-foot wide gravel shoulders on
both sides of the pavement, all] within a 20-foot [24-foot wide graded right-of-
way. The existing portion of the roadway shall be improved and constructed to the
standard set out above using #3 asphalt.], [The roadway] shall be engineered to
follow the natural contours of the land not to exceed 20 percent in grade in any
area and shall comply with the applicable grading, driveway, drainage and
roadway standards of the Department of Public Works. No street lights will be
required within the subject property.
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G. A drainage study of the subject property, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
H. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the
subject property shall include the following:
(1) As contained in the master conceptual plan, the APD for the subject
property shall be subdivided into no more than seven (7) lots. Each of
the proposed lots shall not be further subdivided for a period of forty (40)
years from the effective date of Final Subdivision Approval. With the
consent of a majority of the land owners within the APD, any further
subdivision or increase in density will require an amendment to this
ordinance.
(2) A minimum of eighty five percent (85%) of the tota1land area within each
proposed lot shall be retained in its existing orchard use or in other
agricultural uses for crop production, floriculture, nurseries and similar
uses dealing with the growing of plants. Accessory uses and facilities
such as shade houses, agricultural storage sheds and other uses necessary
to facilitate or process the primary agricultural products shall be permitted.
Public retail sales of agricultural products shall be prohibited.
(3) Only one farm dwelling will be permitted on each proposed lot, and the
area utilized for the farm dwelling purposes shall be limited to fifteenc(15%) of the total land area within each proposed lot. The remainder of
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each proposed lot shall continue to be utilized for agricultural uses
indicated in H(2) above.
(4) The existing tropical fruit orchards, which produce lychee, rambutan and
avocado, shall be maintained on the newly created lots as long as they are
viable. Prior to any new proposed agricultural use other than the existing
agricultural use or other permitted agricultural uses identified in H(2)
which may create any additional impact to the existing infrastructure or
cause any adverse effects to the public's health, safety and welfare, the
new proposed use will be considered as an amendment to this ordinance
and processed for Council approval.
m At the time of subdivision pursuant to this APD ordinance. access to the
private road. as shown in the APD master plan. shall be limited to certain
properties by deed covenant as follows:
W Properties identified as Tax Map Key 8-1-09:16.17.20.30. 31. 32~
and the seven new lots created on TMK 8-1-09: 1 0 pursuant to this
APD ordinance shall have unlimited access to the private road;
(h) Each of the prqperties identified as TMKs: 8-1-09:22.23.24.25.
27.40.41. and 42 shall have access to the private road only until
such time each such lot gains direct access to a fully developed
paved two-lane public road within the existing Ka'awaloa Road
right-of-way which offers direct and unimpeded access to
Napo'opo'o Road~ as may be constructed in the future by the State
or the County. Six months after receiving such improved access to
Ka'awaloa Road. each lot receiving such improved access shall
cease to have access rights to the private road. At the time. any
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and all of that lot's obligations to maintain or control the private
road shall also terminate;
(sU No lot shall use its right of access to the private road at any future
time as the basis of access for any further rezoning or other land
use action which would create additional lots accessing the private
road. Nothing contained in this subsection shall preclude the
owner of such a lot or lots from seeking such rezoning or land use
action. provided that this is based on some access other than the
private road.
A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval for any portion of the subject property. A
copy of the recorded document shall be filed with the Planning Department upon
its receipt from the Bureau of Conveyances.
I. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Department of Land
and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it finds that sufficient mitigative measures
have been taken.
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J. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
K. Comply with all other applicable laws, rules, regulations and requirements of the
affected agencies for the development of the subject property.
L. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
M. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area within the subject property
to its original or more appropriate designation.
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SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY: .
COUNCIL MEMBER, COUNTY OF HA WAIl
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-8-
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15-10
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21,718.24 N
969.04 W
"LAE 0 KANONr &.
RA-2.
RA-2.
A-".
RA-2.
AGRICULTURAL (A-5a) TO
AGRICULTURAL PROJECT
DISTRICT (APD)
AREA = 22.511 ACRES
A-tJ.
lA-2.
A-tJ.
AMENDMENT TO THE
ZONING
CODE
AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO AGRICULTURAL PROJECT DISTRICT (APD) AT KA'AWALOA, SOUTH
KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY Of HAWAII
EXHIBIT 'A'
JULY 18, 1997
(SEAMOUNT ENTERPRISES u.c
DBA KA'AWALOA ORCHARDS)
TMK : 8- 1 -9: 18,19,21 and Portions of 20,22,23 & 24