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Home My WebLink AboutBIL 204 Draft 01 2008-2010 COUNTY OF HAWAII <-��'°'�• STATE OF HAWAII . T BILL NO. 204 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL — TWO ACRES (FA -2a) AT KAPALAALAEA 2 NORTH KONA, HAWAI'I, COVERED BY TAX MAP KEY: 7- 7- 007:047. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kapalaalaea 2 North Kona, Hawai`i, shall be Family Agricultural — Two Acres (FA -2a): Beginning at a'' '4 inch pipe (found) at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Lot 8 of the Keauhou Uka Subdivision, Unit II, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 18,646.71 feet South and 13,576.49 feet East and running by azimuths measured clockwise from True South: Thence, for the next seven (7) courses following along the remainder of Grant 3019 to Kaaipulu; 1. 175° 56' 10" 177.45 feet along Lot 8 and Road Parcel of the Keauhou Uka Subdivision, Unit II, to a 1/2 inch pipe (set); Thence, for the next six (6) courses following along Lot 1 -A -2 of this subdivision; 2. 248 30' 90.00 feet to a % inch pipe (set); 3. 258° 53' 470.00 feet to a '/ inch pipe (set); -1- 4. 250° 00' 410.17 feet to a % inch pipe (set); 5. 333° 38' 50" 26.01 feet to a''/ inch pipe (set); 6. 241° 50' 116.36 feet to a '/ inch pipe (set); 7. 346' 07' 208.49 feet to a % inch pipe (set); Thence, for the next twenty (20) courses following along middle of stonewall and along Royal Patents 4475 and 6856, Land Commission Award 7713, Apana 6 to V. Kamamalu, the direct azimuths and distances being: 8. 54° 55' 72.82 feet to a point; 9. 60° 14' 56.46 feet to a point; 10. 50° 49' 20.13 feet to a point; 11. 67° 37' 56.03 feet to a point; 12. 67° 18' 46.10 feet to a point; 13. 73° 16' 57.63 feet to a point; 14. 73° 02' 53.94 feet to a point; 15. 77° 47' 69.25 feet to a point; 16. 93° 31' 51.00 feet to a point; 17. 89° 02' 57.42 feet to a point; 18. 84° 00' 55.49 feet to a point; 19. 81° 11' 56.68 feet to a point; 20. 87° 14' 57.00 feet to a point; 21. 85° 37' 97.83 feet to a point; 22. 80° 05' 53.45 feet to a point; -7- 23. 81 ° 42' 60.77 feet to a point; 24. 81° 00' 57.04 feet to a point; 25. 65° 44' 52.60 feet to a point; 26. 71° 00' 52.75 feet to a point; 27. 74° 41' 49.75 feet to the point of beginning and containing an area of 5.275 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this ordinance. The applicant shall execute an Elevation Agreement and submit a tank and pump system schematic prepared by a professional engineer licensed in the -3- State of Hawaii meeting the requirements of the Department of Water Supply prior to Final Subdivision Approval. C. Final Subdivision Approval of the proposed family - agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. The applicant shall construct a combined private access on Easement 6 with a minimum 16 -foot wide nondedicable pavement conforming with DPW Standard Detail R -39 to a point of 20 feet beyond the eastern boundary of the proposed makai lot (Lot 1- A -3 -A) meeting with the approval of the Department of Public Works. E. A drainage study, if required, shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. F. Restrictive covenant(s) in the deeds of all the proposed family - agricultural lots shall prohibit the construction of a second dwelling unit and condominium property regimes 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(s) shall be recited in an instrument executed by the applicant and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. -4- G. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR -HPD when it finds that sufficient mitigative measures have been taken. H. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. J. 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 applicant, its 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. -5- 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. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and County Council for appropriate action. K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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 OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCEI Gan,. 689 -6- Ilir 1 T • V�s- • \ A -1a lip 1 G I �� /Z • \P s A -5a 1 ON T :5.• ren T I II 1 1 41 0 A -5a 1 ,S ■A■ \P,I FA -2a I ■ A -la - • II : - (A A-5a ' AI 1 t� se A-5a VW N•• I AGRICULTURAL - FIVE ACRES (A-5a) P� - • 5.27 TO FAMILYAGRICULTURAL - 5 27 5 ACRES ACRES TOTAL (FA-2A) v A -5a \ • I3,,7 S 1 13,5S 4g >E a9' F. 'MUM (NORTH MERIDIAN " A -5a ■ 1 • I A -5a R5 -15 1 1 40 1 • • 1 1 1 � 1 A -5a R 5 -15 11 1 m 85-10 S, z A 5a N itsviii R 5-15 i ,O� �� 1 0,1-10 A -5a +d' T Feet 0 250 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL - TWO ACRES (FA -2a) AT KAPALAALAEA 2nd, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK 7 -7 -007 047 DATE Oct 1, 2009