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COUNTY OF HAWAII + ��-'=•-ff:f/!•- STATE OF HAWAII
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BILL NO. 141
ORDINANCE NO. 20 25 (DRAFT 2)
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE
1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) TO
RESIDENTIAL &AGRICULTURAL—FIVE ACRES (RA-5a) AT KAHUA 1ST,NORTH
KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 5-9-001:008.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Kahua 1st,North Kohala,
Hawai`i, shall be Residential and Agricultural—5 acres (RA-5a):
Beginning at a point at the North corner of this piece of land, being also the East
corner of portion of Government land Pahinahina and on the Southwesterly side of Kawaihae
Mahukona Road, Section II,Project No. A-270-01-62,the coordinates of which referred to
Hawai`i State Plane Coordinate System,Zone 1 being 453,109.73 feet North and 375,771.74
feet East, and running by true azimuths referred to the Meridian of Government Survey
Triangulation Station "PUU PILI" and measured clockwise from South:
1. 322° 00' 30.5" 24.31 feet along the Southwesterly side of
Kawaihae Mahukona Road;
2. 52° 00' 30.5" 20.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
3. 322° 00' 30.5" 550.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
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4. 52° 00' 30.5" 10.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
5. 322° 00' 30.5" 100.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
6. 232° 00' 30.5" 20.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
7. 322° 00' 30.5" 400.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
8. 232° 00' 30.5" 20.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
9. 322° 00' 30.5" 500.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
10. 52° 00' 30.5" 40.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
11. 322° 00' 30.5" 400.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
12. 232° 00' 30.5" 40.00 feet along the Southwesterly side of
Kawaihae Mahukona Road;
13. 322° 00' 30.5" 151.70 feet along the Southwesterly side of
Kawaihae Mahukona Road;
14. 26° 03' 889.95 feet along Lot 9, as shown on Map 4
of Ld. Ct. Cons. 129;
Thence along highwater mark (vegetation line) as of January 7, 1993 for the next
thirteen (13) courses, the direct azimuths and distances between points on said
highwater mark being:
15. 136° 21' 40" 516.93 feet;
16. 155° 00' 250.00 feet;
17. 128° 30' 95.00 feet;
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...
18. 180° 20' 142.80 feet;
19. 93° 00' 104.00 feet;
20. 154° 05' 253.40 feet;
21. 157° 15' 225.20 feet;
22. 57° 40' 106.30 feet;
23. 176° 35' 213.10 feet;
24. 98° 00' 172.85 feet;
25. 105° 20' 83.55 feet;
26. 89° 00' 181.00 feet;
27. 150° 20' 77.35 feet;
28. 206° 50' 35" 1,075.00 feet along portion of the Government
land of Pahinahina to the point of
beginning and containing an area of
37.880 acres, more or less.
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, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be 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
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(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant(s), their successor(s) or assign(s) shall be responsible for complying
with all of the stated conditions of approval.
B. The applicant(s), their successor(s) or assign(s) shall be responsible for complying
with all conditions as required under Special Management Area(SMA)Use Permit
Application No. SMA-19-000073.
C. The applicant(s), their successor(s) or assign(s) shall be responsible for complying
with all applicable County, State, and Federal Laws, codes, rules, regulations, and
requirements.
D. Prior to the receipt of Final Subdivision Approval, an agreement shall be filed with
the Planning Department for review and acceptance that shall acknowledge the
owner(s) of all lots utilizing the private water system that potable water from the
Department of Water Supply's system is currently not available; and that the
Department of Water Supply is not obligated to nor will bear the responsibility of
supplying public water to those lots on the private system. The approved agreement
shall be recorded with the State Bureau of Conveyances and a copy of its recordation
to be filed with the Planning Department within three (3) months of the date of
issuance of Final Subdivision Approval.
E. Final Subdivision Approval shall be secured within five(5)years from the effective
date of the change of zone ordinance.
F. Restrictive covenants in the deeds of all proposed lots within the property 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 owner of the
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property may also, in addition, impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s)to be recorded with the State 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.
G. In conjunction with Final Subdivision Approval, the applicant shall construct the
necessary water distribution pipelines, service laterals, and fire hydrants.
H. Access to the subject property from, and any improvements within the Akoni Pule
Highway shall be constructed meeting with the requirements and approval of the
State Department of Transportation.
I. All proposed structures will be set back a minimum of 150 feet from Akoni Pule
Highway to meet visual impact concerns.
J. All proposed structures shall be sited a minimum of 100 feet from the shoreline
mauka of the ala loa/Jeep road.
K. All proposed structures shall have a maximum height of 25 feet and that height
determination will be made in accordance with Chapter 25, Article 1. General
Provisions of the Hawai`i County Code 1983 (2016 Edition, as amended).
L. The applicant shall record with the Bureau of Conveyances metes and bounds
measurements for all site preservation easements,shoreline access easements,public
access trails,and public access parking located throughout the subject property within
six (6) months after Final Subdivision Approval.
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M. All roadways within the proposed subdivision shall meet with the requirements of the
Subdivision Code. Improvements within the proposed subdivision shall include
underground utilities for all home sites.
N. An advanced treatment unit septic system, such as the Cyclic Biological Treatment
(CBT)system,shall be completed by each respective landowner in conjunction with
the construction of a dwelling prior to the issuance of the Certificate of Occupancy.
0. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
issuance of a construction permit. Any recommended drainage improvements, if
required,shall be constructed meeting with the approval of the Department of Public
Works prior to the construction of any proposed structures on the property.
P. The applicant shall comply with the Department of Health's Hawai`i Administrative
Rules(HAR)Chapter 11-55,rules regarding Water Pollution Control,which requires
an NPDES permit for certain construction activities.
Q. 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.
R. The applicant, its successors or assigns, shall prepare a Solid Waste Management
Plan prior to securing Final Subdivision Approval for the proposed development
within the subject property meeting with the approval of the Department of Public
Works. A copy of the approved Plan shall be submitted to the Planning Director.
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S. All earthwork and grading activity shall conform to the Hawai`i County Code
Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control.
T. During all development activities,measures shall be taken to minimize the potential
of both fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects in the State of Hawai`i.
U. The applicant shall submit to the State Historic Preservation Division for review and
acceptance a revised Data Recovery Plan, a Preservation Plan, and an appropriate
Burial Treatment Plan that meets the requirements of Hawai`i Administrative Rules
(HRS). §13-278-3, §13-277, and §13-300.33 respectively, prior to subdivision
approval. A copy of the accepted report shall be submitted to the Planning Director
prior to project commencement.
V. In the unlikely event that surface or subsurface historic resources, including human
skeletal remains,structural remains(e.g.rock walls,terraces,platforms,etc.),cultural
deposits, marine shell concentrations, sand deposits, or sink holes are identified
during the development and/or construction work, the applicant will cease work in
the immediate vicinity of the find,protect the find from additional disturbance, and
contact the State Historic Preservation Division at(808) 933-7651.
W. 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.
X. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of the ordinance.The report shall include,but not be
limited to, the status of the development and to what extent the conditions of
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approval are being complied with. This condition shall remain in effect until all of
the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
Y. 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 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).
5. If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County Council
for appropriate action.
Z. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
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SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
and to this end the provisions of this ordinance are severable.
application,
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF H A WAI`I
Hilo , Hawai`i
Date of Introduction:
March 25, 2020
Date of 1st Reading: March 25, 2020
Date of 2nd Reading: April 8, 2020
Effective Date: April 20, 2020
rfrrrna Comm. 764.5
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OFFICE OF THE COUNTY CLERK Car!
County of Hawai`i y a
Hilo, Hawai`i ,
(Draft 2)
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: March 25, 2020 AYES NOES ABS EX
First Reading: March 25, 2020 Chung X
Published: April 4, 2020 David X
Eoff X
REMARKS. Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
Second Reading: April 8, 2020 8 1 0 0
To Mayor: April 16, 2020
Returned: April 21, 2020 ROLL CALL VOTE
Effective: April 20, 2020
May2 2020 AYES NOES ABS EX
Published: ,
Chung X
REMARKS, David X
Eoff X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
CO UN CHAIRPE N
i..roved/ isapproved this day011Mau.
of Iri i , 20 1)-0 . CMIlarjra
Bill No.: 141, Draft 2
MAYOR, r OUNT O AWAI`I Reference: C-764 . 5/PC-47
Ord No.: 20 25
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AMENDMENT TO THE ZONING CODE ,.,„.
c�:
• AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, t
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
•
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15)TO
RESIDENTIAL & AGRICULTURAL - FIVE ACRES (RA-5a) 4
AT KAHUA 1ST, NORTH KOHALA, HAWAII `'
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MAP PREPARED BY: ti
TMK:(3)5-9-001:008 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:September 25,2019
EXHIBIT"A” Kohala Shoreline LLC
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Map: 1413
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