HomeMy WebLinkAboutORD 1995-001 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 317
(Draft 2)
ORDINANCE NO. 95 1
AN ORDINANCE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-5a) TO AGRICULTURAL (A-la) AT KEEKEE 2ND, SOUTH KONA,
HAWAII, COVERED BY TAX MAP KEY 8-1-03:34 AND PORTION OF 50.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-88, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Keekee 2nd, South Kona, Hawaii, shall be
Agricultural (A-la):
PARCEL 1:
Beginning at the Northeasterly corner of this parcel of
land, being also the Southeasterly corner of Lot 26, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU" being
1,015.87 feet North and 10,779.91 feet East and running by
azimuths measured clockwise from True South:
1. 349° 18' 12.63 feet along the remainder
of Grant 977 to Panaunau
to a point;
Thence, for the next twenty (20) courses following along
the Northerly face of
stonewall and along the
remainder of Grant 977 to
Panaunau:
2. 76° 10' 36.23 feet to a point;
3. 68° 46' 68.01 feet to a point;
4. 78° 37' 30" 38.11 feet to a point;
5. 84° 40' 30" 25.83 feet to a point;
6. 75° 28' 92.18 feet to a point;
7. 71° 34' 74.24 feet to a point;
8. 65° 38' 132.42 feet to a point;
9. 59° 39' 30" 63.34 feet to a point;
10. 47° 50' 20.98 feet to a point;
11. 42° 43' 37.34 feet to a point;
12. 23° 13' 30" 25.05 feet to a point;
13. 44° 19' 30" 31.28 feet to a point;
14. 53° 32' 30" 84.02 feet to a point;
15. 64° 14' 31.68 feet to a point;
16. 75° 02' 36.55 feet to a point;
17. 68° 26' 125.70 feet to a point;
18. 48° 41' 12.74 feet to a point;
19. 71° 19' 26.90 feet to a point;
20. 68° 00' 46.04 feet to a point;
21. 64° 37' 45.20 feet to a point;
22. 144° 44' 30" 7.40 feet along Royal
Paten t 403 4, Land
Commi ssion Award 8455-E,
Apana 1 to Pauole to a
point ;
Then ce, for the next nine (9) courses foll owing along
stone wall, along Lot 26
and a long the remainder of
Grant 977 to Panaunau:
-2-
23. 246° 11' 30" 126.69 feet to a point;
24. 247° 10' 121.62 feet to a point;
25. 256° 37' 50.61 feet to a point;
26. 234° 28' 93.30 feet to a point;
27. 214° 12' 66.05 feet to a point;
28. 226° 41' 70.47 feet to a point;
29. 244° 26' 185.71 feet to a point;
30. 254° 28' 235.75 feet to a point;
31. 252° 27' 106.78 feet to the point of
beginning and containing
an area of 9,719 square
feet. (Refer to Parcel 1
as shown on Exhibit "A".)
The district classification of the following area
situated at Keekee 2nd, South Kona, Hawaii, shall be
Agricultural (A-la):
PARCEL 2:
Beginning at the Southeasterly corner of this parcel of
land, being also a point on the Northerly side of an
existing Roadway, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU OHAU" being 1,015.87 feet North and
10,779.91 feet East and running by azimuths measured
clockwise from True South:
Thence, for the next nine (9) courses following along
stonewall, along the
Northerly side of the
existing Roadway and along
the remainder of Grant 977
to Panaunau:
1. 72° 27' 106.78 feet to a point.
2. 74° 28' 235.75 feet to a point;
3. 64° 26' 185.71 feet to a point;
-3-
r
4. 46° 41' 70.47 feet to a point;
5. 34° 12' 66.05 feet to a point;
6. 54° 28' 93.30 feet to a point;
7. 76° 37' 50.61 feet to a point;
8. 67° 10' 121.62 feet to a point;
9. 66° 11' 30" 126.69 feet to a point;
10. 150° 46' 190.10 feet along stonewall and
along Royal Patent 4034,
Land Commission
Award 8455-E, Apana 1 to
Pauole to a point;
Thence, for the next three (3) courses following along
stonewall and along Royal
Patent 3883, Land
Commission Award 9753-B,
Apana 1 to Paiwa:
11. 247° 07' 40.55 feet to a point;
12. 237° O1' 30" 87.36 feet to a point;
13. 244° 30' ~ 122.89 feet to a point;
14. 154° 35'
15. 227° 26'
174.58 feet along stonewall,
along Royal Patent 3883,
Land Commission
Award 9753-B, Apana 1 to
Paiwa and along Royal
Patent 6322, Land
Commission Award 7036 to
Kahue to a point;
59.23 feet along Lot 9 of Keekee
Subdivision, Increment IIZ
(being also along Royal
Patent 3864, Land
Commission Award 7210,
Apana 1 to Kini and along
Lot A-6-A-13 as shown on
Map 24 of Land Court
Application 1609) to a
point;
-4-
16. 238° 55' 30" 293.48 feet along Lot 9 of Keekee
Subdivision, Increment III
(being also along
Lot A-6-A-13 as shown on
Map 24 of Land Court
Application 1609) and
along Lots A-6-A-9 and
A-6-A-8 as shown on Map 24
of Land Court
Application 1609 to a
point;
17. 234° 12' 30" 235.65 feet along Lots A-6-A-8,
A-6-A-4 and A-6-A-3 as
shown on Map 24 of Land
Court Application 1609 to
a point;
18. 269° 03' 30" 221.57 feet along Lots 54-A and
42-A as shown on Map 28
and along Lot 41-A as
shown on Map 25 of Land
Court Application 1609 to
a point;
19. 271° 30' 85.08 feet along Lots 41-A and
29-A as shown on Map 25 of
Land Court Application
1609 to a point;
20. 266° 50' 29.90 feet along Lot 29-A as
shown on Map 25 of Land
Court Application 1609 to
a point;
Thence, for the next four (4) courses following along the
remainder of Grant 977 to
Panaunau:
21. 346° 11' 112.63 feet to a point;
22. 348° 18' 133.76 feet to a point;
23. 1° 33' 31.55 feet to a point;
24. 351° 36' 58.25 feet to the point of
beginning and containing
an area of 8.7195 Acres.
(Refer to Parcel 2 as
shown on Exhibit "A".)
-5-
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following:
A. The applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of
approval.
B. Plans for the proposed subdivision shall be submitted to
the Planning Department and Final Subdivision Approval
secured within five (5) years from the effective date of
this ordinance.
C. It shall be demonstrated to the satisfaction of the
Planning Director that agricultural activity is being
conducted on the subdivided lots within three years from
the date of Final Subdivision Approval. For the purpose
of this condition, "agriculture" shall be defined as the
cultivation of crops, including but not limited to
flowers, vegetable, foliage, and fruits that are
propagated for economic or personal use. An agricultural
activity will be considered satisfactory:
(1) if such activity is implementing a conservation
program for the affected property(ies), as approved
by the applicable soil and water conservation
district directors and filed with the Soil
Conservation Service;
(2) if it provides a source of income to the person(s)
who reside on the property; or
-6-
(3) if the property is dedicated for agriculture uses in
accordance with applicable Tax Department procedures
and that such agriculture dedication shall be made a
deed covenant and duly recorded with the State
Bureau of Conveyances and a copy of the recorded
deeds shall be filed with the Planning Department
within one year from the date of Final Subdivision
Approval.
Each approved lot must comply with at least one of the
above requirements to satisfy the conditions of approval
of this ordinance.
D. As agreed to by the applicant, restrictive covenants in
the deeds of all the proposed residential-agricultural
lots shall prohibit the construction of an ohana dwelling
or a second dwelling unit on each lot. 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 prior to the issuance of Final Subdivision
Approval.
E. A wastewater disposal system shall constructed in a
manner meeting with the approval of the State Department
of Health and/or the Department of Public Works,
whichever is applicable.
F. A drainage system meeting with the approval of the
Department of Public Works shall be designed and
constructed to handle the design surface runoff, prior to
the issuance of Final Subdivision Approval of the
subdivision development.
-~-
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 Planning Director shall be immediately notified.
Subsequent work shall proceed upon an archaeological
clearance from the Planning Director when it finds that
sufficient mitigative measures have been taken.
H. Access(es) to the project site shall be constructed in a
manner meeting with the approval of the Departments of
Transportation-Highways Division and/or Public Works,
whichever is applicable.
I. Interior subdivision roads shall be constructed in a
manner meeting with the approval of the Department of
Public Works.
J. Prior to Final Subdivision Approval, the Applicant shall
pay its fair share contribution to address potential
regional impacts of the project with respect to park,
fire, police, solid waste disposal facilities, sewer and
roads. The fair share contribution shall be initially
based on the representations contained within the change
of zone application and may be increased or reduced
proportionally if the residential-agricultural lot counts
ar.e adjusted. The fair share contribution for each
residential-agricultural lot shall be based on a maximum
density for each lot as determined by the zoning
resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities, or any
combination thereof shall have a maximum combined value
of $74,460. Commencing three years after the effective
date of this ordinance, the fair share contributions
described above shall be adjusted annually based on the
-8-
percentage change in the Honolulu Consumer Price Index
(HCPI). In lieu of paying the fair share contribution,
the applicant may construct such facilities related to
park, fire, police, solid waste disposal facilities,
sewers and roads with the approval of the appropriate
agency(ies). Any contributions required by this
ordinance that exceed the fair share requirement of this
proposed development shall, at the applicant's request be
credited towards any of the applicants future
developments that require infrastructural impact
contributions.
K. A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to submitting plans for plan approval review or
subdivision review, whichever occurs first. The plan
shall include, but not be limited to, the management of
solid waste generated from the construction and operating
phase of the proposed development. Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with the
approval of the Department of Public Works;
L. Comply with all applicable laws, rules, regulations and
requirements, including the fire department.
M. 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.
N. An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
approval of this change of zone. The report shall
-9-
address in detail 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.
O. An initial extension of time for the performance of
conditions within the ordinance, with the exception of
Condition B, 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 applicant, 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); and
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.
-10-
Further, should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
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 approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAW I
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
November 30, 1994
November 30, 1994
December 21, 1994
December 30, 1994
APPROVED AS TO FORM AND LEGALITY:
1.~..,..,.,, ~. L .
'. COR RATION COUNSEL C
DATED: '~ ~ °~'g ~~~
-11-
Re
T acfa~.o:
1" = 400
s
Cv-le
I
A-5q i
i
i~5 \ A Iq R~i15
\/\^C\v\\1/te/~\ Vo LGAt~
I GH yy,°`Y
Rer13
\~
\ `CV 10
1 _ ____________
7 N --
~~ \>
~` ~' \
PARCEL f
AGRICULTURAL ((A-5o)
\ To A6RiGULT IJRAL (A-le
AREA = °~,7I9 961. FT.
A-Sa ` I III
PARCEL- ~
A6RiCUt_T1..tRA<. (A-5
To A6RiCtJLTURAL A-I
AREA = 8.7195 ACRES
\ I ~ 1
O
se
RO-10
p~~~
n ' C Re .e ~ /.
P ~e
Rs 1!
~ lee I° ~ ece 1O Re ~e D
w
9
a ~ ~ ~s~e R.J ~3
° MuL~ ~ ~ n s.
AMENDMENT TO THE ZONING CODE
AMEN~IN6 SEC'T'ION ~5-88 (SOUTH KONA ZONE
MAP) AIQTfCLE 3, CHAPTER 25 (ZONING COPE) OF
THE HAWAII COUNT? CoDE~ BY CHAN61N6 THE
DISTRICT C1.A551FICATIOTt FROtrf AGRICUL.TURAI_
(A-5q) To AGRICULTURAL (/~-Iq) AT KEEKEE 2.Ttb,
SOUTH KO NA, HAWAII.
I°RE!°A1QEp 13y PLANNING' DEPARTMENT
CoUNTy of 1-'IAWAII
S-1-o3 34 ANO 1°oR _ of so JUhtE 6, t?~gq-
EXHIBIT "Q" (KONA SCENIC LATYO, ING_~
OFFICE OF THE COUNTY CLERK
County of Hawaii ~ -
Hilo ,Hawaii
;,
'9`t DEC ;0 •„'~ 1~= ; ~
(DRAFT 21 - ~ = F. r;
Introduced By:
Date Introduced:
First Reading:
Published:
Takashi Daningo
November 30. 1994
Novanber 30. 1994
N/A
REMARKS:
Second Reading. December 21, 1994
To Mayor:
Returned:
Effective:
Published:
REMARKS: December 22
December 30
December 30
Januarv 8. , 1994
. 1994
. 1994
1995
rri~
ROLL' CAI.I. VOTE
AYES NOES ABS EX
ARAKAHI X
BONK-ABRAMSON
CHILDS X
DE LIMA X
DOMINGO X
HALE X
BATH X
ROSEHILL X
SCHUTTE
7 1 1 0
ROLL CALL VOTE
AYES NOES ABS EX
ABAxnx[ X
BONK-ABRAMSON X
CHILDS X
DE LIMA X
DOMINGO X
OSORI
BATH X
RAY X
SMITH X
1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
C,PPRC~VED a to
FarAA nd ~ .^•.il
CORPORATiOrj COUNSEL
COUNTY OF HAWAII
Date
Approved/Diedp~ecl this ~'~ day
~~,,~' ~~
OR, COUNT Y OF HAWAII
~~~ '~ c""""'""Y
COUNCIL CHAT/~RN~
COU CLERK
Bi11No.: 317 (Draft 2)
Reference: C-1327-14~
Ord. No.: