HomeMy WebLinkAboutORD 1993-045 1992-1994COUNTY OF HAWAII '.STATE OF HAWAII
BILL NO. `` ~
(Draft 3)
ORDINANCE NO. 93 45
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITIONS OF ORDINANCE NO. 850,
AND FURTHER AMENDED BY ORDINANCE NO. 88-23, WHICH RECLASSIFIED
727.8 ACRES OF LAND FROM UNPLANNED (U) TO AGRICULTURAL (A-3a)
AT KAU, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-2-05:PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance NO. 88-23 is amended as follows:
"SECTION 1. Section 25-87, 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 Kau, North Kona, Hawaii, shall be Agricultural
(A-3a):
Beginning at the Northeast corner of this parcel of land,
on the westerly side of Hawaii Belt Road, F. A. P.
No. F-10 (5), the coordinates of which referred to
Government Survey Triangulation Station "AKAHIPUU" BEING
5,574.46 feet South and 2,650.51 feet West and running by
azimuths measured clockwise from True South:
1. 11° 08' 1,630.12 feet along the westerly
side of Hawaii Belt Road,
F. A. P. No. F-10 (5);
2. 91° 30' 25.16 feet along Government Land;
3. 103° 19' 117.11 feet along Lot 1 of
Makaula Subdivision,
Unit 1;
4. 105° 29' 45"
5. 97° 42' 38"
6. 2° 00'
7. 93° 42' 20"
8. 98° 06'
9. 100° 15' 30"
10. 115° 04'
11. 196° 10'
12. 291° 46' 30"
13. 280° 26' 30"
14. 290° 58' 30"
154.26 feet along Lot 3 of
Makaula Subdivision,
Unit 1;
190.95 feet along Lots 3 and 7-A
of Makaula Subdivision,
Unit 1;
65.18 feet along Lot 7-A of
Makaula Subdivision,
Unit 1;
2,828.95 feet along Grant 3741 to
W. H. Kailiino to a "+"
cut on ahu;
2,069.50 feet along Government Land
of Makaula to a "+" cut on
ahu;
2,018.50 feet along Government Land
of Makaula to a cut on
stone;
5,166.71 feet along Government Land
of Makaula;
2,312.70 feet along remainder of
L. P. 6265, Mahele Award
13-B to Paalua
(Certificate of Boundaries
No. 191);
800.00 feet along Government Land
of Puukala to a "+" cut on
rock with ahu named
"Kekuakakawahie";
2,814.00 feet along Government Land
of Puukala to a cut on
rock on ahu;
5,603.00 feet along Government Land
of Puukala to a "+" cut in
Pahoehoe;
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15. 286° OS' 20" 844.61 feet along Grant 3968 to
P. M. Pahukula to a pipe
in concrete;
16. 286° 19' 30" 1,522.38 feet along Lots 78, 73,
69, 65, 61, 57, 53, 49,
45, 39, 31 and 25 of Kona
Ocean View Properties
(File Plan 637) to a pipe
in concrete;
17. 286° 21' 621.96 feet along Grant 3968 to
P. M. Pahukula to the
point of beginning and
containing an area of
727.8 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: (A) that the [petitioners, or
their authorized representative, ]apalicant, successor or
assigns shall be responsible for complying with all of the
stated conditions of approval; (B) that a drainage system in
accordance with the standards of the Department of Public Works
shall be installed; (C) that the property shall be developed on
an incremental basis. There shall be no more than [five (5)]
three (3) increments of which the first (three (3)] two (2)
shall consist of [49] no more than 100 lots each; (D) that the
zoning for Increment I shall not become effective unless and
until there are legal and financial assurances satisfactory to
the Department of Water Supply that water for domestic and
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agricultural use for Increment I will be available; (provided,
however, that the zoning for Increments II through V shall not
become effective until adequate water for domestic and
agricultural use meeting with the approval of the Department of
Water Supply is available at the property line of that
increment. Should the legal and financial assurance described
above fail, the Council shall take action to rezone the
property back to its original zoning; (E) that the zoning for
the second and successive increments shall be effective upon
the establishment of agricultural use on fifty (50) percent of
the lots in the preceding increment. Agricultural use is
defined as the planting of crops on minimum of two (2) acres of
the respective lot; (F) that the zoning for the second and
successive increments shall be effective upon the Council
approval of performance reports containing information on the
status of compliance of conditions (D) and (E). The
performance reports shall be submitted by the petitioner to the
County Council;] (E) that the zoning for the second and third
increments shall be effective upon the establishment of
adequate water for domestic and agricultural use meeting with
the approval of the Department of Water Supply at the property
line of that increment provided however that the final
subdivision approval shall not be granted until it is
demonstrated to the satisfaction of the Planning Director that
substantial agricultural activity is being conducted on fifty
(50) percent of the lots in the first increment and on at least
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two-thirds of the land of each lot. comprising that minimum of
fifty [50) percent For the purpose of this condition.
"agricultural" 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 poultrv bees fish or
other animal or aquatic life that are propagated for economic
or personal use An agricultural activity will be considered
substantial• (1) if it provides a maior source of income to the
person(s) who resides on the property or (2) if the property
~~ a~dicated for agriculture uses in accordance with applicable
nPpartmen of Finance Real Property Tax Division's
procedures This condition shall be incorporated in each of
the deeds for he proposed lots and shall be duly recorded with
the State Riircaii of rnnVPVaTrPS and a copv shall be filed with
the Planning Department within one vear of the date of final
~»bdivision approval of the lots: [(H)]~ that the final
subdivision approval of the first increment shall be secured
[within one year from the effective date of this amendment]
•Tanuarv 31. 1994 and that subdivision plans for the subsequent
increments shall be submitted within one (1) year from the date
of receipt of final subdivision approval of the previous
increment(s); (G) that [the] ~ proposed 80-foot wide
right-of-way and its improvements shall be extended to the
Queen Kaahumanu Highway if and.when any development occurs
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within the existing Conservation District portion of the parcel
identified as TMK: 7-2-5:1; (H) that to insure proper regional
road system development the applicant shall participate in the
;mnlementation of the County's Keahole to Kailua Sub-Regional
Plan All portions of Kau Drive University Drive. Kealakaa
Ctrac}. Waena Drive and the mid-level arterial that traverse
the subi ct parcel shall be constructed and dedicated
~rPmentally with the subdivision buildout Roadway and
intersec ion plans shall be reviewed and approved by the
npnartment of Public Works and Department of Transportation
[(i) that restrictive deed covenants for each lot shall be
recorded with the Bureau of Conveyances together with any
recordation of the final subdivision plat maps. The covenants
shall include mandatory participation by each lot owner in the
agricultural co-op; and that the co-op shall have the authority
and responsibility for the cultivation, harvesting and
marketing of all crops planted in conjunction with the
development of the subdivision. Other documentation as deemed
necessary by the Corporation Counsel shall be recorded or filed
to meet the intent of establishing an agricultural cooperative
with the full responsibility and control over the proposed
agricultural park; and] (I) that a Solid waste Management Plan
oP*~ng with the approval of the Department of Public Works
hall be submitted prior to final subdivision approval of the
first increment• (J) that the applicant shall install a
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wastewater treatment system meeting with the reguir men of
the Department of Health and Department of Public Work
L) that all construction wastes shall be prohibit d from th
Kailua landfill and all transfer stations i land wid ntil he
new West Hawaii Landfill is complete and in op ra ion
Construction wastes may be brought to the Hilo Landfill
however the contractor will be responsible to provid all
necessary labor, equipment materials and suppli s to properly
landfill any waste• (L) restrictive covenan in he d ds of
all the proposed lots shall prohibit the constru ion of a
second dwelling unit on each lot A copy of the propo d
covenant(s) to be recorded with the Bureau of Conveyances hall
be submitted to the Planning Department for review and approval
prior to final subdivision approval. A copy of the approved
covenant shall be recited in an instrument esecutPd by the
applicant and the County and recorded with the Bureau of
Conveyances likewise prior to final subdivision approval• (M)
should any unidentified sites or remains such as artifa
shell bone or charcoal deposits human burials rock or oral
alignments pavings or walks be encountered work in the
immediate area shall cease and the Planning Department shall be
immediately notified Subsequent work shall proceed upon an
archaeological clearance from the Planning Department when it
finds that sufficient mitigative measures have been taken:
[(J)]~_ that all other applicable rules, regulations and
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requirements shall be complied with[, and]: (O) should the
Council adopt a Unified Impact Fees ordinance setting forth
criteria for the imposition of exactions or the assessment of
impact fees, conditions included herein shall be credited
towards the requirements of the Unified Impact Fees Ordinance:
(P) that an annual progress report shall be submitted to the
Planning Director prior to the anniversarv date of the
effective date of the amended ordinance. The report shall
address the status of the development and the compliance with
the conditions of approval. This condition shall remain in
effect until all of the conditions of approval have been
complied with and the Planning Director acknowledges that
further reports are not required: and [(K)](O) that an initial
extension of time for the performance Qf conditions within the
ordinance may be granted by the Planning Director upon the
following circumstances: a) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicants' successors or assigns, and that
are not the result of their fault or negligence; b) granting of
the time extension would not be contrary to the general plan or
zoning code; c) granting of the time extension would not be
contrary to the original reasons for the granting of the change
of zone; d) 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
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extended for up to one additional year); and e) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director Lmay]shall initiate rezoning of
the area to its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
adoption.
INTRODUCED BY:
Qf' ~
CO NCIL MEMBE COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction: April 21, 1993
Date of 1st Reading: April 21, 1993
Date of 2nd Reading: May 5, 1993
Effective Date: May 12, 1993
APPROVED AS TO FORM AND LEGALITY:
DEPU7Y CO RATION COUNSEL
DATED:
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gG-_ ORGINANCE NU~~19EF H50 RGR
CF THE A~OHC--J CNC~ rCHHNG~^N
AMENGt~IENT
cPCN •cl
NING .COLE
AMENONIENT NO. 61 T CHS,pTER 8 (ZONING LOGE) OF THE
ZONE MAF) ARTICLE 2.
HAWAII COUNT? COOS, AS AMENDED, BT CNAN~ING THC-
plSTRICT CLASSIFICATION K.AU ^NORTH 1CONA, +HAWA11.
AGRICULTURAL. (A-3o) AT
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OATS O)c PUH~-fC HEAR•r~'~ ' OHC- 3, 1981 * JAN. 14, t°...JBZ
BFFEG TI~/~= t•JATE ~ FCB. 15, i.°>BTJ' v
o RTJ1N ANCE NUMoLANING DEPARTMENT
PTQEPAR ED 6y COUNT'y OF HAWAII
INARCH 2°>. IeJB2
TMK ~ 7-~-os' I IP7 R.)
EXHIBIT "A•• _ _-