HomeMy WebLinkAboutORD 1998-068 1996-19985
ORDINANCE NO
•
BILL, NO. 2318
AN ORDINANCE AMENDING SECTION 25-8-28 (KAU DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) TO
AGRICULTURAL (A -5a) AT KIOLAKAA, KAU, HAWAII, COVERED BY TAX MAP
KEY 9-4-3:58.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-28, Article 8, 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, Kau, Hawaii,
shall be Agricultural (A=6a):
Beginning at the east corner of this parcel of land and on the northwesterly side of
Kamaoa Road, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "Stein 2" being 625.59 feet South and 15,196.49 feet West, and
running by azimuths measured clockwise from true South:
Along the windings of the southeasterly side
of an old stonewall and along the
northwesterly side of Kamaoa Government
Road, the direct azimuth and distance being:
1. 470 35' 38" 992.65 feet;
2. 1410 01' 02" 906.26 feet along the northeasterly boundary of
Grant 819 to Kauhiahiwa;
3. 2310 01' 1,032.02 feet along Lots 1 and 2 and also the
remainder of Grant 2650 to Kauhiahiwa;
4. 3230 48' 10" 848.00 feet along the southwesterly boundary of
R.P. 7328, L.C. Award 7592 to Kauhiahiwa
to the point of beginning and containing an
area of 20.37 acres, a little more or less.
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 applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
prior to June 30, 1998.
D. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from
the effective date of the Change of Zone ordinance.
E. Access to the subject property from Kamaoa Road shall meet with the
requirements of the Department of Public Works. The entrance roadway sight
distance shall meet the requirements of the Statewide Design Manual.
F. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
-2-
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.
G. 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 Fee
Ordinance.
H. 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, 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.
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).
-3-
I. 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.
e'er'i
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
June
1, 1998
Date of 1st Reading:
June
1, 1998
Date of 2nd Reading:
June
16, 1998
Effective Date:
July
2, 1998
REFERENCE: Comtri.
829
APPROVED AS TO FORM AND LEGALITY
fit' ►R ..
, Z'
•NUs] Ck•K-W-611H, [%*J C1 =
DATED:
-4-
A -20a
A -20a
AGRICULTURAL (A -20a)
TO
AGRICULTURAL (A -5a)
AREA: 20.37 ACRES
y
A -20a
%A t*.
.10
A- \\ A-2`Qa
A -20a ` \
\= o \
A -20a Z
w
O o
~ cn
\
625.59 S
15196.49 W \
"STEIN 2"0 �P A -20a
\ wo\o
„o
A -20a
A -20a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-28 (KA'U DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A -20a) TO AGRICULTURAL (A -5a) AT KIOLAKAA, KA'U, HAWAII.
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK . 9-4-3.58 APRIL 14, 1998
EXHIBIT „A" (STANLEY do LORRAINE HECHINGER)
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo_ , Hawaii
Bobby Jean Leithead-Todd
June 1, 1998
June 1, 1998
N/A
Second Reading: June 16, 1998
To Mayor:
June
19,
1998
Returned:
July
2.
1998
Effective:
July
2,
1998
Published:
July
10,
1998
REMARKS:
'�(�
V li bi 1 0 rig ., n r
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AP'�'PR®VED AS TO
FORM AND LEGALOTYa
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date JUN 2 3 1998
Approve ed this day 2CQHAIRM�AN�of 19 ic
COUNTY CLERK
01 HAWAII Bill No.: 238
Reference: C-829/PC-115
Ord. No.: 98 bd
ROLL, CALL VOTE
cc AYES -,;.NOES', ABS EX
Arakaki
X
Chung
x
Leithead-Todd
x
Ray
X
Reynolds
X
Santangelo
X
Smith
X
Tyler
x
Yagong
x
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AP'�'PR®VED AS TO
FORM AND LEGALOTYa
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date JUN 2 3 1998
Approve ed this day 2CQHAIRM�AN�of 19 ic
COUNTY CLERK
01 HAWAII Bill No.: 238
Reference: C-829/PC-115
Ord. No.: 98 bd
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
x
Chung
X
Leithead-Todd
X
Ray
X
Reynolds
X
Santangelo
X
Smith
X
Tyler
x
Yagong
x
9 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AP'�'PR®VED AS TO
FORM AND LEGALOTYa
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date JUN 2 3 1998
Approve ed this day 2CQHAIRM�AN�of 19 ic
COUNTY CLERK
01 HAWAII Bill No.: 238
Reference: C-829/PC-115
Ord. No.: 98 bd