HomeMy WebLinkAboutORD 1986-082 1984-1988>~
COUNTY OF HAWS-I h` ~;~TATE OF HAWAII
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Bill No. 149
Draft 3)
ORDINANCE NO. 86 82
AN ORDINANCE AMENDING SECTION 25-91 (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
UNPLANNED (U) TO AGRICULTURAL (A-la) AT KAPAANUI AND KOU, NORTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-7-02:PORTION OF 11.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-91, Article 3, Chapter 25 (Zoning Code)
of the Hawaii County Code, is amended to change the district
classificatioh of property described hereinafter as follows:
The district classification of the following area
situated at Kapaanui and Kou, North Kohala, Hawaii, shall be
Agricultural (A-la):
Beginning at the northeast corner of this parcel of land, also
being the southeast corner of Government Land of Kapaa on the
northwest side of Akoni Pule Highway, the coordinates of said
point of beginning referred to Government Survey Triangulation
Station "PUU 0 NALE" being 560.10 Peet north and
16,613.53 feet west and running by azimuths measured clockwise
from True South:
1. 21° 24' 30" 3,439.83 Peet along the
northwest side of Akoni
Pule Highway;
2. 111° 24' 30" 20.00 feet along the
northwest side of Akoni
Pule Highway;
3. 21° 24' 30" 149.88 feet along the
northwest side of Akoni
Pule Highway;
4. 94° 19' 45"
5. 180° 00'
6. 160° UO'
7. 140° 00'
8. 179° 00'
9. 228° 00'
10. 159° 00'
11. 235° 00'
12. 219° 00'
13. 193° 00'
14. 183° 00'
15. 100° 00'
16. 175° 00'
17. 217° 00'
18. 250° 00'
19. 177° 00'
20. 165° 00'
21. 205° 00'
22. 147° 00'
23. 268° 28' 04"
2,192.62
98.54
445.08
210.00
190.00
250.00
220.00
115.00
280.00
535.00
160.00
70.00
200.00
80.00
140.00
200.00
120.00
95.00
180.00
3,306.98
feet along the
remainder of Grand 3405
to Trustees of Estate
of James Woods;
feet along Parcel A;
feet along Parcel A;
Peet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
Peet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along Parcel A;
feet along the
Government Land of
Kapaa to the point of
beginning and
containing an area of
208.202 Acres.
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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: (A) the petitioner, its successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) the property shall be zoned in
two increments. The first increment shall consist of a maximum of
130 contiguous acres, and the second, the remaining area. The
zoning for the second increment shall become effective upon
subdivision approval of the first increment; and further, it shall
be demonstrated to the satisfaction of the Planning Director that
either 1) agricultural activity is being conducted on the land
within the first increment, or 2) that building permits have been
issued for single family dwellings and construction has been
partially completed to the extent that roofs have been constructed
on a minimum of twenty-five percent of the lots within the first
increment. For the purpose of this condition "agriculture" shall
be defined as the cultivation of crops, including but not limited
to flowers, vegetables, foliage, fruits, forage and timber; game
propagation; raising of livestock, including but not limited to
poultry, bees, fish or other animal or aquatic life that are
propagated for economic or personal use. An agricultural activity
will be considered (a) if such activity is implementing a
conservation program for the affected property(ies), as approved by
the applicable soil and water conservation district directors
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and filed with the Soil Conservation Service; (b) if it provides a
source of income to the person(s) who reside on the property; or
(c) if the property qualifies for an agricultural use assessment
in accordance with applicable Real Property Tax provisions. The
execution of a Farm Dwelling Agreement may also suffice in lieu of
the above requirements; (C) subdivision plans shall be submitted
to the Planning Department within one year from the effective date
of the change of zone; (D) substantial construction of on-site and
off-site improvements shall commence within three (3) years from
the effective date of the change of zone; (E) prior to the
commencement of construction, a plan for monitoring any potential
pollution to the coastal reef caused by the construction shall be
submitted to the Planning Department for its approval, which plan
shall provide for precautionary measures to be taken sufficient to
prevent eroded soils and other suspended sediments ("turgidity"),
construction materials, waste and debris from passing into the
near shore waters; (F) a fifty-foot wide landscape easement along
the property's frontage along Akoni Pule Highway shall be set
aside ahd delineated on the subdivision plans. A landscaping plan
for the easement area shall be submitted to the Planning Director
for review and approval prior to issuance of final subdivision
approval. Said plan shall depict the landscaping, identify the
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plant species to be utilized, and outline a program for ongoing
maintenance of the easement area; (G) underground telephone,
water, electrical and cable T.V. utility lines shall be
constructed throughout the property; no overhead utility lines
shall be permitted; (H) the areas of the property within the State
Land Use conservation district shall be set aside as public
shoreline access areas via covenants recorded with the Bureau of
Conveyances. These covenants shall be encumbrances running with
the land and shall be binding on all parties and persons claiming
under them; (I) prior to the sale of any lots, restrictive
covenants shall be recorded with the Bureau of Conveyances
regarding size of structures, materials, and building design on
the property to insure the quality of the development; (J) the
height limit for any structure constructed on the property shall
be thirty-five Peet; (K) water and electrical lines shall be
provided to the pavilion located on the adjoining property
designated as Kapaa Park prior to the completion of all on-site
improvements; (L) fire hydrants shall be installed on the
property; (M) the method of sewage disposal shall meet with the
approval of the appropriate government agencies; (N) a drainage
system shall be installed in accordance with the requirements of
the Department of Public Works; (0) access(es) to the proposed
subdivision shall meet with the approval of the State Department
of Transportation, Highways Division.
The lots shall not have
-5-
direct access from Akoni Pule Highway; (P) the complex of
archaeological sites known as "Kapaanui Village" shall be
preserved in place; (Q) should any unanticipated archaeological or
historic features be uncovered during land preparation activities,
work shall cease immediately and the Planning Department shall be
notified. Work shall not resume until clearance has been obtained
from the Planning Department; and (R) all other applicable rules,
regulations and requirements shall be complied with. The County
Council, for good cause shown, may grant extensions to the
foregoing time conditions. Should any of the foregoing conditions
not be met or substantially complied within a timely fashion,
without good causes shown, the Planning Director shall initiate
proceedings to rezone the 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~'~
OUN L M IBE , COUNTY OF HAWA
Hilo, Hawaii
Date of Introduction: April 9, 1986
Date of 1st Reading: April 9, 1986
Date of 'Lnd Reading: August 6,.1986
Effec tive Date: August 19, 1986
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AMENDMENT TO THE ZONING CODE
AMC-NDiNG SCCTION ~S-~I (NOF2~H AND SOUTH
KOMALA pIST~iCTS ZONE MAPS ARTICLE 3, CHAPTET~
~5 (ZONING CODC) of THE HAWAII COUNTY CODE,
BY Cr-iANG1NG THE 171STR1CT CLAS511=(CATION
FROM UNpLANNE~ (U) TO AGRICULTtJI~AL (A-1 a) AT
KAPAANUr AND KOU, NORTH KoHALA, HAV~IAtI.
F'RCI°A~i>=D BY = I°l-ANNING DBPAtiTN1ENT
COUNTY of HAWAII
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