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Home My WebLink AboutBIL 016 Draft 01 1996-1998 r.,lr' > COUNTY OF HAWAII STATE OF HAWAII BILL NO. 16 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-l0a) AT HONOKOHAU 1ST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-5:2. 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 Honokohau 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-l0a): Beginning at the southwest corner of this parcel of land, being also the southeast corner of Honokohau Production Well and Reservoir Site and on the northerly side of Grant 3456 to George McDougall, the coordinates of said point of beginning referred to Government Triangulation Station "MOANUTAHEA", being 20,615.90 feet South and 3,656.55 feet West, thence running by azimuths measured clockwise from true South: 1. 169° 14' 20" 240.00 feet along the remainder of R.P. 6855, L.C. Aw. 9971, Ap. 9 to W.P. Leleiohoku (Honokohau Production Well and Reservoir Site); 2. 70° 28' S0" 189.00 feet along same; 3. 165° 12' 35" 43.90 feet along the remainder of R.P. 6855, L.C. Aw. 9971, Ap. 9 to W.P. Leleiohoku (Lot 10-B); 4. 157° 18' OS" 310.55 feet along same; 5. 248° 36' 35" 204.58 feet along R.P. 5230, L.C. Aw. 7870 to Kamohai; 6. 157° 50' 45" 209.50 feet along same; 7. 249° 10' 45" 922.14 feet along Grant 3022, Ap. 1 to Kalua; 8. 247° 11' 45" 1,288.64 feet along same; 9. 276° 06' 45" 189.80 feet along same; 10. 167° 51' 15" 296.89 feet along same; 11. 250° 31' 1,569.40 feet along the remainder of R.P. 7587, L.C. Aw. 11216, Ap. 36 to M. Kekauonohi (Lot 3A - 1); 12. 337° 57' 473.88 feet along same; 13. 17° 33' 55.70 feet along same; 14. 30° 37' 154.60 feet along same; 15. 67° 56' S7" 735.00 feet along Kealakehe Mauka Tract; 16. 340° 01' 45" 550.00 feet along same; 17. 54° 31' 45" 747.00 Feet along same; 18. 73° 44' 45" 543.00 feet along same; 19. 180° 49' 45" 278.00 feet along Grant 3456 to George McDougall; 20. 70° 28' S0" 1,990.87 feet along same to the point of beginning and containing an area of 85.396 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: -2- A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, 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 effective date of the rezoning shall be when (1) the applicant provides assurances satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health, that a water source of sufficient quality and quantity has been established within two years from the enactment of this ordinance; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source and its water transmission and distribution system within one year for the official date of compliance with Condition C(1); provided [hat aone-year extension may be granted by the Planning Director with reasonable and sufficient justification. The applicant shall not apply for nor will be granted any variances from the Subdivision Code relating to water systems. -3- D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. A drainage study of the project site, 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 in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. F. An archaeological study/survey of the subject property shall be 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, 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, whichever occurs first. G. 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 -4- 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. H. Access(es) to the subject property from Mamalahoa Highway shall be constructed in a manner meeting with [he approval of the Department of Public Works. I. The developer shall prepare a Solid Waste Management Plan for the development meeting with the approval of the Department of Public Works. J. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. 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). -5- 5. Should the applicant request an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is dec?ared 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 HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 61 [2EFERENCi:: Comm. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- \ A 20. ~oR~f NO\RT~ A-10. A - 1 • A-ti. A - 7 A - 1 A- 10. A-7• SS' Np0 AGRICULTURAL (A-20a) TO A.,, AGRICULTURAL (A-10a) AREA: 85.396 ACRES A-S. A A-Za. Qom. ~°K° 20,615.90 5 3,656.55 W "MOANUTAHEA" ~ j - i A-7• A-I. A.I. A-~. A"pA A-10• A - 20• A-I• A-I• / A-10. A I• A - 1. A I • A - 10 . A' ~l• A-I. A.I. A ~o~ O A - I . ^^lo w z A- I. v W 1'. A. I. O D °iri HAW II p`' A-10. A I~ KONP BELT ROp° I uNr~AUNeP 6ElT ~°Pt~ I ROAD n-I. ~I. A -I. ~ I YNIL ANNCO J y q A C 4(' ~ A - I. ROAD uan ANNeo ~~2P ,ropes M A I• AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) Of THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20) to AGRICULTURAL (A-t0a) AT HONOKOHAU 1st AND 2nd, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-4-5: 2 NOVEMBER 26, 1996 EXHIBIT ..A.. (ROBERT F. CREENWELL CO., LP.) C-6~ ~fs-Id