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Home My WebLink AboutBIL 235 Draft 02 1996-19980 COUNTY OF HAW •' STATE ORDINANCE NO. 0 "�al-A Q,> OF HAWAII RILL NO. 235 (Draft 2) AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT- CLASSIFICATION FROM AGRICULTURAL (A -5a) TO RESIDENTIAL AND AGRICULTURAL (RA -.5a) AT PUAA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10:POR. 4. 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, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Puaa 2nd., North Kona, Hawaii, shall be Residential and Agricultural "(RA -.5a): Beginning at a found spike at the Southeast corner of this parcel of land, being also the North corner of Lot 38, Land Court Application 1666 (Map 6) and on the Westerly side of Hienaloli-Kahului Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 5,032.15 feet North and 7,327.36 feet East, and running by azimuths measured clockwise from True South: 1. 770 53' 45" 225.61 feet 2. 780 53' 40" 567.07 feet 3. 850 29' 00" 229.10' feet Thence, along, close to and crossing stonewall, along Land Court Application 1666 for the next three (3) courses; along Lots 38 and 37 to a found pipe; along Lots 37, 34, 33 and 30 to a found pipe; along Lots 30, 29 to a point; {, of �e en* e 4. 1660 40' 15" 654.89 feet along the remainder of Grant 1744 to Kahaunaele, crossing Parcel 4 to a point; Thence, along Royal Patent 7845, Land Commission Award 7715, Apana 13 to Lota Kamehameha for the next two (2) courses; 5. 2560 40 15" 923.28 feet to a found pipe; 6. 2510 57' 15" 13.87 feet to a found pipe; Thence, along Hienaloli-Kahului Road (40 -Ft. wide) for the next three (3) courses; 7. 3500 43' 375.23 feet to a found spike; 8. 3370 30' 144.46 feet to a point; 9. 3230 46' 218.25 feet to the point of beginning and containing an area of 14.989 acres, 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 applicant, 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 Rural District. -2- C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. 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 this ordinance. E. Access to the subject property from Hienaloli-Kahului 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. All lots shall be accessed from one common access road. F. In conjunction with Final Subdivision Approval, the applicant shall provide roadway improvements along the entire subject property's Hienaloli-Kahului Road frontage, equal to half the difference between 50 feet and the existing right-of-way width, meeting with the requirements and approval of the Department of Public Works. The applicant shall dedicate the right-of-way portion(s) in fee simple to the County of Hawaii upon its request. G. All roadways within the proposed subdivision shall be constructed to County dedicable roadway standards meeting with the approval of the Department of Public Works. H. In order to ensure the safety of bicyclists and pedestrians, the applicant shall provide paved shoulders along the entire Hienaloli-Kahului Road frontage of the subject property meeting with the approval of the Department of Public Works. -3- I. A drainage study of the project site, if required, shall be prepared and submitted for review and approval to the Department of Public Works, prior to submittal of plans for subdivision review. 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. IMOIAM4146•_ • _! *_• _-!_ _ '!�_'!_ • _ _!' !_'_ _ ' t 1. _I t_ 017-F=17 . - .1 - _ 1 0 _ _ S - . 4 __, • _!.! . _. l! ,_ .� - - - - _!_! -- I e —� — �_ � � � _ • �! , � � l a !_ � • i. 1.1.1. • �_ � _ _ ! [J]J!L Restrictive covenant(s) in the deeds of all the proposed residential/agricultural lots within the subject property 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 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 in conjunction with the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. [KIL 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 archaeologicalclearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. -4- Ji 0 C7 I 1 sRIMMwe.1_,_1 / ../r Ro!1 M �. Y 1 within 1y Ij_ 1 1 1 • 1�' 1 1 • _1�_ ![ 1 �_� �_ subiect1 the aDDroval1_ the director, 1 of 1 1 11 -cleve1aiDment. 1 c-hanae in the Honolulu contribution Consumer Price be subject to Index (HCPI). In lieu of paying, the fai w h the a=priate share contribution. Mlicant may construct-1contribute ients/facilities related to 12arks and recreation. fire. police. solid waste disposal .n1 roads within the region impacted by • 111_ d subiect1 the aDDroval1_ the director, 1 of 1 1 11 -cleve1aiDment. 1 tT contribution shall Fol-MMM1 0 t Mw MeNOMMOTAR". P77 111 - ' • T MIM " 1M. -MMM 1 1 fir_ 1 _ 1 "1 [L]N. 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. [M]O., Comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. For IR=oses of administering Condition _ 1 share contribution shall be subject to review and approval of the director, upon consultation w h the a=priate Fol-MMM1 0 t Mw MeNOMMOTAR". P77 111 - ' • T MIM " 1M. -MMM 1 1 fir_ 1 _ 1 "1 [L]N. 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. [M]O., Comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. t� C 7 [N]L 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). [O] -Q, 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. -7- Ci SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENC& Comm. 82r, APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -8- CIL MEMBER, COUNTY OF HAWAII A -/a /5 -/5 5-/ A -5r II II �i 5,032.15N A -/a 7,327.36 E ' ' "KAHEL0 D as -l5 A -5a ��1M A -5a Rs4/5 A -/a TRUE I S�oiP. �� NpRTy A -la ro y4o/ /oi A -5a Rd IA A -/a AGRICULTURA (A -5a) TO RESIDENTIAL AND AGRICULTURAL (RA—.5a) A -5a i A -/a o c D F: A -la A -/a AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTYBY AGRICULTURAL DISTRICT AT CLASSIFICATION AGRICULTURAL (A -5a) TO RESIDENTIAL NORTH KONA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 7-5-10: PORTION OF 4 APRIL 3, 1998 EXHIBIT "A" (NACKOWSKI)