HomeMy WebLinkAboutORD 1995-015 1994-1996COUNTY OF HAWAII„ , ,STATE OF HAWAII
BILL NO. 538
(Dry
ORDINANCE NO. 95 15
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-3a) TO AGRICULTURAL (A-la) AT KALOKO, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-08:98.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 Kaloko, North Kona, Hawaii, shall be
Agricultural (A-la):
Beginning at the Southeast corner of this parcel of land
at a point on the West side of Hawaii Belt Road, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA"
being 14,684.17 feet South and 8,201.34 feet West; thence
running by azimuths measured clockwise from True South:
1. 82° 40' 42" 499.60 feet along Lot 2
(Remainder of L. P. 8741,
L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha);
2. 157° 24' 30" 171.60 feet along R. P. 3972, L.
C. Aw. 7797 to
Kamoahoalii;
3. 248° 36' 00" 10.85 feet along Lot 4
(Remainder of L. P. 8241,
L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha);
4. 176° 41' 00" 95.99 feet along Lot 4
(Remainder of L. P. 8241,
L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha);
5. 263° 03' 00" 575.86 feet along Lot 1-D
(Remainder of L. P. 8241,
L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha) to a
point on the West side of
Hawaii Belt Road;
6. 3° 28' 00" 143.24 feet along the West side
of Hawaii Belt Road;
Thence along a curve to
the left, having a radius
of 5769.58 feet, the
chord azimuth and
distance being:
7. 2° 51' 50" 121.40 feet to the point of
beginning, and containing
an area of 3.305 Acres.
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. 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.
-2-
C. Plans for the proposed subdivision shall be submitted to
the Planning Department and Final Subdivision Approval
secured within three (3) years from the effective date of
this ordinance. Subdivision plans shall delineate a
10-foot wide, "no vehicle access" planting screen easement
along the frontage of the proposed lot bordering the
Mamalahoa Highway.
D. 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
(3) if the property is dedicated for agriculture uses in
aGCOrdance 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.
-3-
Each approved lot must comply with at least one of the
above requirements to satisfy the conditions of approval of
this ordinance.
E. 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.
F. 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.
G. 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.
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 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.
-4-
i. Access to the subject property shall be from the proposed
easement which shall be constructed in a manner meeting
with the approval of the Departments of
Transportation-Highways Division.
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 are 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 $21,718. Commencing
three years after the effective date of this ordinance, the
fair share contributions described above shall be adjusted
annually based on the 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.
-5-
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 Departments of Water Supply,
Public Works and Fire.
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 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:
-6-
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.
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 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 BY:
COUNCIL MEMBER, COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: December 21, 1994
Date of 1st Reading: December 21, 1994
Date of 2nd Reading: January 4, 1995
Effective Date: January 19, 1995
APPROV D AS TO FORM AND LEGALITY:
C c
L
CORPORATION COUNSEL
:JAN 1 d .°95
DATE:
-8-
M3q
TRUE ~ ` ~ T,
~ NORTH ~ 'U
1.. pp
~ I, A~Dq I i '~\'` q
f~
rP ~ ~`, I' ~I ~q
~ ~ ~
..~ MAMAI..gHRG
/ H16H WAy
q-3q \ N
0
~ A 19
.n
A Iq N A Iq ~
A iq R3-13
;~ ~ HI PL. ,~-uA~
L ^ J KA
A Iq TRBT A Iq ' ~gLT Ro^~
~-YVAIMEA 9°1 G' ~ 2°3~'SO" r-I~e,WAll A Iq
X49.14 i1L4e
14, s04.1 % ~J A Dq 1
~ e,~.ert.94 W
"MOANll1AHRA' m
u A~R1CUl-TURA1_ (A-~n~ ~~
v To AGR1GUl..TURAL (A-la
v ~ARL1'A ~ 3-DOS ACRES e
A Dq
4 a'z•1o'~Y'
,q_Jq 0 }~v.oe
M Y/\\1 \
A{3q
~. 157°24'90' Q \
o3.~s 171.ae Gf
z+e'~a.
/}\Sq ~,
~O
A-jq A 7q
e,~r ^ ~ yi
A-Iq j A Iq
A-~ '.
A- ~ ~ G
' y~
A-~q A Iq ~p~s A
A Iv /~J' q
AMENDMENT TO THE ZONING CODE
AMQNDIN3 t3lttCT101V Z3-87 (NORTH KONA 2oNL~
MAP) ART1CLts !, CHAPTER ~ti ('=ONiN6 CODQ~
Ott THL HAYV~AII COUNT7' CODl, B7' CHANtSINa
'-'}-1! DISTRICT CLASt31rICAT10N PROM ABRt-
CULTLlRAI_ (A-~q) To Al3RiCULTURAL ~-la) AT
KALOKO, t~voRT1-1• KONA, 1.1AWAtt.
PRL'PAIIQO DY a PI..AN NINA OQpARTM ENT
COUNT7' OP HAWAII
TMK = 7- ~-08 = ~8 MARC1-f ~7, t9~o
EXHIBIT IIAII (HU~CRT P- 6RICP)
= 6e3
OFFICE OF THE COUNTY CLERK
County of B:awati
Hilo ~ ~jg~ygjt
.7J uli!`! i~ ti,'i 1V J 1
Introduced By: Takaeh~ Ocmingn
Date Introduced: Decenber 21, 1994
First Reading: Decenber 21 1994
Published: A
REMARKS:
Sernnd Reading: Jan
To Mayor.
Returned: January 9. 1995
January 19, 1995
Effective: January 19, 1995
Published:
AF.MARK.S; January 25, 1995
"~ OLL CALL VOT&-:.~r:..
hYR9' NOS3 "CABS 8%
avsrarr X
BONR-ABRAMBON X
~~g X
DS LtJ9- X
DO>II~taO X
OSORIO X
RAT8 X
RAY X
81[ITS X
n
ROLL CALL VOTS i
nxss >~oss nBS ss
DeararT X
soxs-ABRAMSON X
CSILDS X
DS L~l1- }{
DtADIIiQO }{
OBORIO X
R1LT8 X
RAY X
SMITR X
8 1 0 0
I DO HEREBY CERTTFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
AFPRQVED to
FORFrI -~
~RPOAAI'~UN COUNSEL
COUNTYZOF~~H,AWAII
Dafe ~~ ~ "~/-' ~~
Approved/Disap~eved this ~~ day
of u..., , 19 ~~`
~~
~~~~~L
MAYOR, COUN'I1' OF HAI~AII
COUNCIL CK9IRMAN
.1~~~'~'...
C~ CLERK
Bi11No.: 538 (Draft 2)
Reference: C-3141/1991/PC-148
Ord. No.: