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Home My WebLink AboutBIL 167 Draft 01 1996-1998COUNTY OF HAWAII STATE OF HAWAII BILL NO. 167 ORDINANCE NO. 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 FAMILY AGRICULTURAL (FA -IA) AT HAMANAMANA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-53:49. 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 Hamanamana, North Kona, Hawaii, shall be Family Agricultural (FA -1a): Beginning at the Northwesterly comer of this parcel of land, being also an angle on the Southerly side of Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 3,134.31 feet South and 10,484.77 feet West and running by azimuths measured clockwise from Trac South: 1. 270° 37' 10" 152.76 feet along the Southerly side of Homestead Road to a point; 2. 3590 00' 595.36 feet along Lots 48, 46, 45, 44, and 43 of Kalaoa View, along Lot 50 of Kalaoa View lI and along the remainder of Grant 3969 to Piimauna to a point: 3. 880 47' 08" 152.69 feet along Lots B-75, B-74 and B-73 of Kona Highlands, Section B (File Plan 1143) and along Grant 3027 to Heueu to a point; 4. 1790 00' 600.25 feet along Lot 1 of Keohole View Subdivision, Increment 1 and Grant 3740 to Serafin Lopes, the Easterly end of Ahulani Street, Lot 2 of Keohole View Subdivision, Increment 1 and Grant 3740 to Seraftn Lopes and along the Southerly side of Homestead Road to the point of beginning and containing an area of 2.095 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 classification is conditioned upon the following: A. The applicant, its successors or assigns shall he 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 applicant shall install applicable water system improvements meeting with the approval of the Department of Water Supply in conjunction with Final Subdivision Approval. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. -2- 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 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. Access(es) to the subject property from Hamanamana Street shall be constructed in a manner meeting with the approval of the Department of Public Works. 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- Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area within the subject property 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: Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE, Comm. 575 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -4- CIL MEMBER, COUNTY OF HAWAII A-20. HAW 4 1 1 1 FA5. A-5. A-5. 3,134.31 S A -I. A-5. I A -I. — TRUE NORTH Scale: 1"-400' *mmm-* Kailu� BELT R5-10 A -I. 5, F:A_1. MANILANI A-5. 5. AGRICULTURAL (A -5a) TO n FAMILY AGRICULTURAL = (FA—la) weer AREA: 2.095 ACRES PAAnA arA-I. 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, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO FAMILY AGRICULTURAL (FA -1a) AT HAMANAMANA, NORTH KONA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII OCTOBER 8, 1997 ra...IOI wll cnu� EXHIBIT "A