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Home My WebLink AboutBIL 041 Draft 03 1996-1998 • i OFFICE INFORMATION ONLY Meeting: 01-24-01 - COunty COuncil Action: FILE CLOSED Be' Bill 41 (Draft 3 ) ( 1996-1998 ) / Communication 824 . 001 0.99B-2000_ ") Communication 135 (1996-1998) COUNTY OF HAW x STATE OF HAWAII BILL NO. 41 (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-17 (HAINA-HONOKAA-KUKUIHAELE ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO AGRICULTURAL (A-2a) AT KAAO HOMESTEADS, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-5-03:24 AND 124. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-17, 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 Kaao Homesteads, Hamakua, Hawaii, shall be Agricultural (A-2a): Beginning at a pipe at the northwest corner of this parcel of land and on the southerly side of Hawaii Belt Road (S. D. R. 3(7)) the coordinates of said point of beginning referred to Government Survey Triangulation Station ["PAUHAU"] "PAAUHAU" being 1,625.47 feet North and 4,484.15 feet West and running by azimuths measured clockwise from True South: Thence along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) along a curve to the left having a radius of 1,959.86 feet, the chord azimuth and distance being: 1. 278° 36' 02" 467.85 feet to a pipe; 2. 294° 58' 83.46 feet along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) to a pipe near the top bank of Kahaupu Gulch; thence along the top bank of Kahaupu Gulch, along State Land, for the next five (5) courses: 3. 67° 52' 97.90 feet to a pipe; 4. 39° 19' 192.54 feet to a pipe; 5. 4° 52' 214.50 feet to a pipe; 6. 43° 30' 145.00 feet to a pipe; 7. 7° 47' 386.00 feet to a pipe; 8. 114° 58' 1,040.00 feet along remainder of Grant 8846 to Claudina Gonsalves to pipe at the southeasterly side of Loke Street; 9. 241 ° 09' 138.40 feet along the southeasterly side of Loke Street to a pipe; 10. 261 ° 29' 37.60 feet along the southerly side of Loke to a pipe; 11. 281 ° 48' 44.90 feet along the southeasterly side of Loke Street to a pipe; 12. 238° 24' 167.00 feet along the southeasterly side of Loke Street to a pipe; 13. 216° 07' 245.00 feet along the southeasterly side of Loke Street to a pipe; 14. 246° 31' 230.80 feet along the southeasterly side of Loke Street to a pipe; 15. 217° 35' 142.39 feet along the southeasterly side of Loke Street to the point of beginning and containing an area of 13.6736 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 applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2 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 Rural District. C. The required water commitment payment for the proposed additional lots 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 from this ordinance. D. Final Consolidation/Resubdivision Approval of the proposed subdivision development within the subject area shall be secured within five (5) years from the effective date of this change of zone ordinance. E. Covenants in the deeds of all the subdivided lots within the subject area shall state that no variance from the minimum water requirements shall be granted to further subdivide the lots without improvements to the existing water system facilities, meeting with the standards of the Department of Water Supply. 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 in conjunction with the issuance of Final Consolidation/Resubdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances with a copy of the recorded covenant to be filed with the Planning Director upon its receipt from the Bureau of Conveyances. F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the subject area shall prohibit the construction of an ohana or 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 Consolidation/Resubdivision Approval. A copy of -3- the approved covenant(s) shall be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of Final Consolidation/Resubdivision Approval. [H]G. All grading and grubbing activities shall meet with the approval of the Department of Public Works. [I]H. The wastewater treatment and disposal system shall meet with the approval of the Department of Health. [J]I. 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 azchaeological clearance from the DLNR-HPD when sufficient mitigative measures have been taken. [L]J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the easements of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [M]K. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the development within the subject area. [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: -4- 1. Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, 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]M. 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. SEC"PION 4. This ordinance shall take effect upon its approval. "COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: $24.001 RFFERENCFa Comm. APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATED: -5- ~ r IYG. - fH Rs ,e ~GAI.E = R le ~ 1•' ~ 4od m ? o A-Be \ .7 ` q-3a e \ ~C6~ R.~-le ~ LOK @v Q CeuNTN7' 141• oID' ~ OWa 1~-'Te A-9a 1Q1. 29' a7_se e O 144_0 ` J~ O Za81. 24' ~ >h to ~ IC7 ee ~5n \ R6-~o O 21C 07' ~ Asrercuu~-urQAC.( (,~a-sq) 14s.ee ~ To A6RICULTURAI.. (A-'2a) ~ ~4e•ai 2ao, AREA= Ia.67B6 ACRE'. p jQ~ / ~Ir.es' ~ 141-a® I.s~.s.t-~ N 4,t B4-Ifl w A-So ~.L ~AAUMAU" 61 fn R.;~'_'_~e._ KAHAUPV / 7•t7~~ nU0 ee'ep . ®ULCH ~ _ / ~ ~e6,ee IU 4'D-.tee' nu R3 le Robe 14Y-ee ~O 4~ Ste.' n 114.9e n A-4oe 191-84 R. - IOJ'_ec 97 ao 2J4~ g6' ~O^, ea.4a . ~i R 4~~ ~@~ ^'-y Rs to A 409 C 9c s z R le A-4oa ( A-Io AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-IT HAINA-HONOKgA-KUKUIHAELI= ZONE MAP) AIQ'T'IGLE 8 , CHA ER 25 (ZONING COflE~ O>= THE HAWAII COUNT? CODE, E37' CHANGING THE DISTRICT Ct.AS51F1GAT1oiV F1QOM AGR1cUl.TUr-7AL (A-5a) To AG141CULTUT:tAL (~4 2a) AT KAAO HOMES'T'EADS, HAMAKUA, HAWAII. PRePAREp BY PLANNING DEPARTMENT CouNT7' oP NANtAII TMK 4-S/-~oE - ~4 ANV r~4 OCT ~-8, 1446 EXHIBIT 11/i1' ~~OROT HY °-~OU2A)