HomeMy WebLinkAboutBIL 208 Draft 01 2014-2016 // 5or, ,
COUNTY OF HAWAII I.1&-.. ."y/:•1 STATE OF HAWAII
BILL NO. 208
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH 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 KOKI'O 2ND& MANINI'OWALI, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY: 7-2-004:027.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-2, 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 Kuki'o 2nd &
Manini`owali,North Kona, Hawaii, shall be Family Agricultural—2 acres
(FA-2a):
Beginning at the North corner of this lot, the East corner of Lot 4, and on the
Southwest side of Lot 4 of Kuki'o Mauka Subdivision the coordinates of said point of
beginning referred to Government Survey Triangulation Station"MOANUTAHEA" being
6,824.95 feet North and 6,216.56 feet West, thence running by azimuths measured
clockwise from True South:
1. 315' 36' 53" 326.95 feet Lot 4 of Kuki'o Mauka
Subdivision;
2. 65' 00' 686.92 feet along Lots 1 and 2;
3. 12T 30' 341.70 feet along Lot B;
4. 245' 00' 725.50 feet along Lot 4 to the point of
beginning and containing an area of
5.000 acres.
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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, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(I) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
(2) 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 applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Final Subdivision Approval shall be secured within five(5)years from the
effective date of this ordinance.
C. Restrictive covenants in the deeds of all the proposed lots shall give notice that
the terms of the zoning ordinance prohibit the construction of a second dwelling
unit and condominium property regimes on each lot. This restriction may be
removed by amendment of this ordinance by the County Council. The owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s)to be recorded with the State of
Hawaii 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 recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
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D. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties.
E. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
F. 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—
State Historic Preservation Division(DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
G. Comply with all applicable County, State and Federal Laws, rules, regulations and
requirements.
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, 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.
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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 applicants should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning 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:
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NCIL BER, CO TY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 887
_4_
A-5a
A-5a AGRICULTURAL-AVE ACRES IA-5a)TO
FAMILYAORICULTURAL-TWO ACRES MA-L)
SWO ACRES
A-5a
A-5a
. A-5a
141*
A-5a
-20a
N'P11 eELC 0.0
OP`
A-900a
A-5a
A- 00 A2a N
50
Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT 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 KUKI'O 2ND & MANINI'OWALI, NORTH KONA, HAWAII
MAP PREPARED BY:
TMK (3)7-2-004-027DATEOF HAWAII, PLANNING DEPARTMENT DATE January 26.20I5
EXHIBIT"A" Canton
Mao' 1272