HomeMy WebLinkAboutORD 1995-050 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. so
(Draft 2)
ORDINANCE NO. 95 50
AN ORDINANCE AMENDING SECTION 25-109 (KA'U 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-3a) AT KIOLAKAA, KA'U, HAWAII, COVERED BY TAX MAP
KEY 9-4-03:15.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-109, 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 Kiolakaa, Ka'u, Hawaii, shall be
Agricultural (A-3a):
Beginning at the north corner of this parcel of land, on the
southwest boundary of Grant 808 to Kaulia on the southeast
side of Mamalahoa Highway, the coordinates of said point of
beginning referred to Government Survey Triangulation Station
"STEIN 2" being 1,817.59 feet North and 15,248.28 feet West,
thence running by azimuths measured clockwise from True South:
1. 308° 41' 40"
2
46° 36' 30"
3
60° 44' 30"
537.71 feet along Grant 808 to Kaulia
to a "+" in ahu (found and
adopted);
366.92 feet along R.P. 6784, L.C.Aw.
10758 to Pa;
271.81 feet along L.P. 5-8559, L.C.Aw
7434 to Kikaupea, along
stonewall;
4. 59° 48' 178.07 feet along L.P. 5-8559,
L.C.Aw. 7434 to Kikaupea,
along stonewall and along
fence;
5. 140° 44' 563.0.0 feet along R.P. 7329, L.C.Aw.
9438 to Kauko, partly along
stonewall;
6. Thence along the southeast side of Mamalahoa Highway,
on a curve to the left with a
radius of 255.00 feet, the
chord azimuth and distance
being:
227° 25' 45" 7.97 feet;
7. 226° 32' 83.41 feet along the southeast side
of Mamalahoa Highway;
8. Thence along the southeast side of Mamalahoa Highway,
on a curve to the right with a
radius of 194.45 feet, the
chord azimuth and distance
being:
244° 00' 116.73 feet;
9. 261° 28' 66.69 feet along the southeast side
of Mamalahoa Highway;
10. Thence along the southeast side of Mamalahoa Highway,
on a curve to the left with a
radius of 380.00 feet, the
chord azimuth and distance
being:
252° 03' 30" 124.24 feet;
11. 242° 39' 133.41 feet along the southeast side
of Mamalahoa Highway;
12. Thence along the southeast side of Mamalahoa Highway,
on a curve to the left with a
radius of 230.00 feet, the
chord azimuth and distance
being:
221° 47' 30" 163.79 feet;
13. 200° 56' 31.32 feet along the southeast side
of Mamalahoa Highway to the
point of beginning and
containing an area of 9.341
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 applicants, its 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. [If required, a
variance from the water requirements of the
Subdivision Code must be secured prior to Final
Subdivision Approval.]
C. 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.
D. Access(es) to the subject property from Mamalahoa
Highway shall be constructed in a manner meeting with
the approval of the Department of Transportation.
E. Restrictive covenant(s) in the deeds of all the
proposed residential-agricultural lots shall prohibit
the construction of a second dwelling unit on each
lot. A copy of the proposed covenant(s) to be
recorded with the Bureau of Conveyances shall be
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submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicants
and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision
Approval.
[F. Should any improvements to the water system in the
area be required for future development of the area be
required, the applicant, its successors, or assigns
shall pay for their pro rata share of the
improvements. The pro rata share determination and
its implementation shall be approved by the Planning
Director in consultation with the Manager of the
Department of Water Supply or any agency with
jurisdiction over future improvements to the water
system.]
[G.]~ 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.
[H.]~ 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.
[I.]~ An initial extension of time for the performance of
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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 require an additional extension
of time, the Planning Director shall submit the
applicant's request to the County Council for
appropriate action.
[J.] 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.
-5-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 1, 1995
Date of 1st Reading: March 1, 1995
Date of 2nd Reading: March 15, 1995
Effective Date: March 21, 1995
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AMENDMENT TO THE ZONING CODE
AMENDINC3 SECTION ~5- 109 (KA'U Dt5TR1CT ZONE
MAP) ARTICLE 3, CHAPTER ~s (zoNING CoaC)
of THE HAWAII CoUNT7' CODL, BY CHANGING
THE CISTRICT CLA5s1t=tCAT1cN FROM A61Q1CUL-
-1"uRAL (A-~Oa) To AC~R1Ct~l:TURAL (A-3a) AT
KIOL.AKAA, KA'U, HA1NA11.
Ptl~p/1Rt_p tsy :PLANNING pEPARTMI=NT
CoUtvTy op HAWAiI
TMK = 9-4-OS = 15 ttoV_ mss, 1°~°~4
EXHIBIT „AI, (cLyoG' M. Ano ol.vne S. KAne9HIRO)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
(CRAFT 2)
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Keola Childs
March 1, 1995
Marc 1, 1995
N/A
Second Reading: March 15, 1995
To Mayor: March 16, 1995
Returned: March 21, 1995
Effective: March 21, 1995
Published March 28, 1995
REMARKS:
I DO HEREBY C IFY that t
indicated above. APPROVED
FORM w(~.k
~RPO'l,ATION COUNSEL
COUNTY O~ HAWAII
Ayproved/
of~
day
19 ~i~
,COLTNIY OF All
Date ~i~~1n ~ '~ ~~, y7
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson }{
Childs }{
De Lima X
Domino ){
Osorio }{
~~ X
Ray
Smith
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
B;l1No.: 30 (Draft 2)
Reference: C-154/PC-20
Ord. Na.: 9S Co
adopted by the County Council and published as