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Home My WebLink AboutORD 1995-128 1994-1996COUNTY OF HAWAII . STATE OF HAWAII BILL NO.. 9E ORDINANCE N0.95 128 AN ORDINANCE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICTS 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-8a) AT KALAOA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-02: 23 AND 27. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-86, 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 Kalaoa 1st, North Kona, Hawaii, shall be Agricultural (A-Sa): Beginning at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Lot 38 of the Homestead Lots, Akahipuu Section (Registered Map No. 6) and being a point on the Northerly side of a 20-Ft. Wide Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 4,414.32 feet South and 6,296.37 feet West and running by azimuths measured clockwise from True South: Thence, for the next thirteen (13) courses following along Lot 38 of the Homestead Lots, Akahipuu Section (Registered Map No. 6) and along Grant 3771 to D. Kinoulu: 1. 183° 07' 43.80 feet partly along middle of stonewall to a point; 2. 179° 08' 42.20 feet to a point; Thence , for the next ten ( 10) cours es following along middle of st onewall: 3. 181° 07' 41.30 feet to a point; 4. 181° 58' 47.20 feet to a point; 5. 182° 37' 53.20 feet to a point; 6. 182° 16' 50.30 feet to a point; 7. 179° 42' 39.90 feet to a point; 8. 181° 02' 56.90 feet to a point; 9. 183° 11' 41.10 feet to a point; 10. 182° 18' 48.80 feet to a point; 11. 181° 48' 47.70 feet to a point; 12. 179° 34' 37.80 feet to a point; 13. 180° 10' 59.18 feet par tl y along middle of stone wa ll to a point; 19. 274° O1' 1,310.65 feet alo ng the Southerly side of a 20-Ft. Wide Homestea d Road to a point; Thence , for the next nine (9) cours es following along middle of st onewall and al ong Tract 5 of the Makaul a-Ooma Tract (Govern ment L and -S tate of Hawaii): 15. 359° 10' 42.83 feet to a point; 16. 1° 16' 55.10 feet to a point; 17. 0° 10' 145.00 feet to a point; 18. 0° 41' 50.20 feet to a point; 19. 1° 55' 56.40 feet to a point; 20. 0° 03' 55.10 feet to a point; 21. 1° 25' 58.20 feet to a point; -2- 22. o° v' 23. 358° 14' Thence, for along stone 20-Ft. Wide 70.30 feet to a point; 73.60 feet to a 1/2 inch pipe (Found); the next three (3) courses following call and along the Northerly side of a Homestead Road: 24. 81° 45' 67.18 feet to a point; 25. 89° 32' 116.03 feet to a 1/2 inch pipe (Found); 26. 95° 34' 45" 646.02 feet to a point; Thence, for the next four (4) courses following along the Northerly side of a 20-Ft. Wide Homestead Road: 27. 92° 12' 208.17 feet partly along stonewall to a point; 28. 94° 24' 30" 81.21 feet along stonewall to a 1/2 inch pipe (Found); 29. 96° 29' 203.47 feet to a point; 30. 89° 08' 30" 2.76 feet to the point of beginning and containing an area of 18.650 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 classificaion is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision shall be secured within three (3) years from the effective date of this change of zone ordinance. -3- C. Covenants in the deeds of all the subdivided lots shall require that all uses established on the lots be in conformance with the requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code). 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(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances with a copy of the recorded covenant to be filed with the Planning Department upon its receipt from the Bureau of Conveyances. D. The applicant, its successors or assigns shall contribute a pro-rata share contribution for the improvement of either government homestead roads adjoining the project site should either of these government homestead roads be improved to County standards. E. Should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease, -4- Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. F. 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. G. An initial extension of time for the performance of conditions within the ordinance 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 applicants, 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). -5- H. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~ • COUNCIL MEMBER, COUNTY O HAWAII Hilo, Hawaii Date of Introduction: October 18, 1995 Date of 1st Reading: October 18, 1995 Date of 2nd Reading: November 1, 1995 Effective Date: November 9, 1995 AP~R~ AS TO FORM AND LEGALITY: Of°U~~ CORPORATION COUNSEL DATE: ~I~3/9s' -6- ro~ A-°Ja A *JV. -- _ b Z z - - ~ '. _. ~ n ~ a Z A-la A-? sn. A-la (U) .eW )RIVE ~ HAwf Bfil' ROAI M(KAWA 9TR6eT ~ 0 _. N Z I Q A-9eoa MAKA~-QI GOLr CouR~a A-lea A-lea 0 ~"~ ~~~~ q-2oa Q z A 2oa --~ ~ A-,,, ~- A-tea MA ENDMENT TO TH AREA = 19.6E30 ACRES Area ~~, i :ONI q-7.ea AMEND)NG SECTION 25-86 (NORTH AND SOUTH KoNA DISTRICTS ZONe MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE j-IAYVAII COUNTY CODE 13Y CHANGINQ 'r'HE DiSTIQiCT CLASSIFICATION FROM AGT?ICUL.TURAL (A-20q) 'T'o AGRICV~.TUR,gL (A-9q) AT KALAOA 1ST, NORTH KONA, tiAWAlI. PRE'FARea 1sY ~ coUNTY 6o1°~hptAi^tAit~NT I TMfC = 7-9-0~ r ~3 At~tC ~7 M."aR.9, Ig45 EXHIBIT "A" ' I ' ~' i~ ; ~~ A-.a 1 i , ~ A-~eeoe ~ / Ala / ' A la r~ //^~ \~ ~ ~ ~ ~ ~~~ ~ ~ I ~` A-1• \~ `~ A-9eea `~%~' Q' ~` A-'1ee -~-. ~ . 0 o 3 A®RtCtlt-TURAL (A-20e) (LUCKY "~" ANC-~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii Introduced By: Takashi Daningo Datelntroduced: October 18, 1995 First Reading: October 18. 1995 Published: October 26, 1995 REMARKS: Second Reading: November 1, 1995 To Mayor: November 2, 1995 Returned: November 9, 1995 Effective: November 9, 1995 Published November 20, 1995 REMARKS: ROLL CALL VOTE AYFS NOFS ABS EX Arakaki }{ Bonk-Abramson X ~~ X ~ Lima X Domingo }{ Osorio }{ Rath }{ Ray X Smith }{ 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX ~~~ X Bonk-Abramson X Childs X De Lima X Domingo X Osorio X Rath X ~Y X Smith X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Beawpprnced this y day of ~/C~Ue2~,~ 19 `~~ r cij~cLER~x i ~~C---• MAYOR,CO17N7YOF~ WAIL Bi11No.: 98 Reference: C-456/PC-81 Ord No.: