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HomeMy WebLinkAboutBIL 015 Draft 03 1996-1998 OFFICE INFORMATION ONLY Meeting: March 7, 1997, Hawaii County Council Action: Close file, Draft 3 was not taken up, Bill 15, Draft 2 was adopted. Re. Bill 15/C-60 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 15 (Drams ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KALAOA 3RD, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-02:02. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-86, Article 3, Chapter 25 (Zoning Code) of the 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 Kalaoa 3rd, North Kona, Hawaii, shall be Agricultural (A-3a): Beginning at a pipe at the southwest corner of this pazcel of land, being also the northwest comer of Grant 991 to Kalimanauna and on the easterly side of Hawaii Belt Road, F.A.P. No. F ] 0 (5), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 6,069.22 feet South and 8,373.01 feet West, thence running by azimuths measured clockwise from true South: 1. 156° 06' 23.81 feet along Hawaii Belt Road, F.A.P. No. F 10 (5) to a pipe in concrete; Thence along the remainder of Grant 1605 to Kupono for the next six (6) courses, the direct azimuths and distances being: 2. 261° 14' 53.95 feet to a pipe in concrete; 3. 198° 13' 8.90 feet to a pipe in concrete; 4. 161° 03' 71.30 feet to apipe in concrete; 5. 71 ° 03' 4.90 feet; 6. 161 ° 03' 42.50 feet to a spike in concrete; 7. 67° 27' 63.00 Feet to a pipe in concrete; 8. 156° 06' 33.85 feet along Hawaii Belt Road, F.A.P. No. F 10 (5) to a pipe; 9. Thence along same on a curve to the right with a radius of 2,506.41 feet, the chord azimuth and distance being: 157° 36' 131.22 feet to a pipe; 10. Thence along Hawaii Belt Road, F.A.P. No. F 10 (5) on a curve to the right with a radius of 1,869.86 feet, the chord azimuth and distance being: 159° 10' S9" 5.42 feet to a pipe; 11. 257° 00' 1,380.02 feet along the remainder of Grant 1605 to Kupono to a pipe; 12. 272° 00' 918.74 feet along the remainder of Grant 1605 to Kupono to a pipe; 13. 342° 36' 20" 260.00 feet along Grant 3764 to P. Nahulanui (Lot I) to a pipe in concrete; 14. 86° 45' 280.50 feet along Grant 991 to Kalimanauna (Lot 1) to a pipe in concrete; 15. 89° 56' 40" 616.76 feet along Grant 991 to P. Kalimanauna (Lot 1) to a pipe in concrete; 16. 77° 28' 657.92 feet along Grant 991 to P. Kalimanauna (Lots 1 and 3) to a pipe in concrete; 17. 76° 29' 345.89 feet along Grant 991 to P. Kalimanauna (Lot 3) to a pipe in concrete; 18. 78° 55' 15" 352.81 feet along Grant 991 to P. Kalimanauna (Lot 3) to the point of beginning and containing an area of 15.253 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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. B. The applicant, 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 applicant shall install applicable off-site water system improvements to the subject property, including but not limited to a minimum 4-inch waterline approximately 700 feet north of the subject property, meeting with the approval of the Department of Water Supply in conjunction with Final Subdivision Approval. D. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this ordinance. E. Final Subdivision Approval of the proposed agricultural subdivision for no more than five lots shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. F. 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. -3- G. An archaeological study/survey of the subject property shall be prepared and submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD), prior to the submittal of plans for subdivision review or any land alteration activity of the subject property, whichever occurs first. Should significant historical sites be found within the subject property which merit preservation or the implementation of mitigative measures, the applicants shall prepare and submit an archaeological preservation/mitigation plan for review and approval by the Planning Director, in consultation with DLNR- HPD, prior to the issuance of Final Subdivision Approval or any land alteration activity of the subject property, whichever occurs first. H. 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 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. I. Access(es) to the subject property from Mamalahoa Highway shall be constructed meeting with the approval of the Department of Public Works. J. The applicant shall prepare a Solid Waste Management Plan for the proposed development within the subject property meeting with the approval of the Department of Public Works, prior to Final Subdivision Approval. K Restrictive covenant(sl in the deeds of all the progo-scud agricultural lots within the subj cwt prog~rty shall prohibit the construction of a second dwelling unit on Pach lot A copy of the proposed covenant(~l to be recorded with the Bureau of onv y~n~rs shall be submitted to the P1arLning Director for review and -4- approval prior to the issuance of Final Subdivi ion Approval A copy of the approved covenant(,gl chall be recited in an instnment executed by the applicants and the County and recorded with the Bureau of Conveyances in c~unction with the issuance of Final Subdivision Approval. The applicant shall make its fair share contribution to mitigate the potential reeional impacts of the subject property with res ep ct to parks and recreation, fire police. solid waste disposal facilities and roads. The amount of the fair h re contribution shall be the sum which is the product of multip~yr~tg the nu-tuber of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot. and shall become due and payable prior to final subdivision approval for any portion of the sulzject pronerty or its increments If the subject proper is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution may be in a form of cash. land. facilities. or anv combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $7,239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop un to five (~l lots, the indicated total fair share contribution is $36.195.80. however. the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition L. The fair share contribution shall be allocated as follows: 1. 490 8 ~ger lot for an indicated total of $17,454.25 to the County to sgpport park and recreational improvements and facilities: $168 40 per lot. for an indicated total of $842.00 to the County to ~pport police facilities: -5- .61 ner lot for an indicated total of $1663 OS to the Count} to support fire facilities; 4. $145.62 ner lot. for an indicated total of $728.10 to the ountyso support solid waste facilities_ and $3.101.68 per lot. for an indicated total of $15,508.40 to the State or o nt, [~O SL7pport road and traffic improvements. The fair share contributions described above shall be adiusted annually b inning three years after the effective date of the change of zone. based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of pg}+ine the fair share contribution. the applicant may construct and contribute land improvements/facilities related to parks and recreation. fire police. solid waste disposal facilities. and roads within the region impacted the proposed development, subject to the approval of the director. For purposes of administering Condition L. the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the director. upon consultation with [he appropriate agencies. [K]Lv1. Comply with all applicable laws, rules, regulations and requirements of affected agencies, including those of [he Departments of Health and Water Supply, for the approval of the proposed development within the subject property. [L]LV. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -6- 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]Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. 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. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED Y: ` 0~ CI ME BER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: February 19, 1997 Date of 1st Reading: February 19, 1997 Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -8- TRUE NORTH Stole: 1 =500' A-20• A-10, AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) ' AREA = 15.253 ACRES A-2o. n-zo. ? n zo. A 20, A-I. 6,069.22 S 8,373.01 W "MOANUTAH EA" LN- A-20a gE~,T ROgD 20 io Kailua _y W AW P > H ~ To Kamuela c Unpl nned = A-I, Unplann• < Z un I nn.d = r AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KALAOA 3RD., NORTH KONA, HAWAII, , PREPARED BY :PLANNING DEPARTMENT COUNTY OF HAWAII c- .~c TMK 7-3-02:02 NOVEMBER 18, 1996 EXHIBIT ~A~~ (ROBERT J. HENRNiUES end GRECC R. RASHIwA)