HomeMy WebLinkAboutBIL 025 Draft 01 2014-2016COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAI `I
BILL NO.
25
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — ONE ACRE (A-1 a) TO SINGLE FAMILY RESIDENTIAL — 20,000
SQUARE FEET (RS -20) AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY: 6-5-011:030.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL•
SECTION 1. Section 25-8-11, 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 Waimea Homesteads,
South Kohala, Hawaii, shall be Single Family Residential — 20,000 Square Feet
(RS -20):
Beginning at the Northeast corner of this parcel of land, and on the westerly side
of Lot 1 of Grant 7832 to A. W. Carter, Trustee the coordinates of which referred to
Government Survey Triangulation Station "WAIMEA WEST BASE" being 108.83 feet
North and 1749.27 feet West and running by azimuths measured clockwise from true
South:
3250 09' 155.39 feet along a portion of Lot 1, along a
portion of Grant 7832 to A.W.
Carter Trustee, to a pipe found set
in concrete;
2. 2350 09' 295.00 feet along a portion of Lot 1, along a
portion of Grant 7832 to A.W. Carter
Trustee;
3. 3250 09' 18.17 feet along the westerly side of Spencer
Road;
4. 550 09' 315.00 feet along a portion of Lot 21-B: 1, along
a portion of Grant 6294 to J. Maguire
to a pipe found set in concrete;
5. 740 31' 190.80 feet along a portion of Lot 21-B: 1, along
the remainder of Grant 6294 to
J. Maguire, along the remainder of
Grant 7316 to Antone Perry to a pipe
found set in concrete;
6. 1450 09' 120.42 feet along a portion of Parcel 28 of Tax
Map Key: 6-5-11, along a portion of
Grant 6287 to A. Perry Jr.;
7. 2380 03' 200.26 feet along the remainder of Lot 3-A: 1,
along the remainder of Grant 7316
to Antone Perry to the point of
beginning and containing an area of
0.813 Acre.
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:
Necessary to prevent circumstances which may be adverse to the public health, safety and
welfare; or
(1) 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.
-2-
A. The applicants, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five (5) years from the effective date of this ordinance.
C. The required water commitment payment for the additional lot shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within one hundred and eighty (180) days from the effective
date of this ordinance. The applicants shall comply with all requirements in the
Department of Water Supply, including the construction of all necessary water
improvements prior to final subdivision approval.
D. Prior to Final Subdivision Approval, the applicants shall reconstruct the driveway
approach to Spencer Road. The driveway connection shall conform to Chapter
22, Streets and Sidewalks, of the Hawaii County Code and County standard
details R-37 and R-38.
E. All development -generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
F. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
G. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
H. 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-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
-3-
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.
The applicants shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
K. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
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.
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 Planning
Commission and 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.
ME
SECTION 4. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm, 123
INTRODUCED BY:
7
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AGRICULTURAL -ONE ACRE (A -1a) TO
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(RS -20)
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0 250 500 750 1,000
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - ONE ACRE (A-1 a) TO
SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS -20)
AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
TMK: (3) 6-5-011: por. 030 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: NOVEMBER 3, 2014
EXHIBIT "A" Hind
Map: 1352
A -la
A -la
A -la
A -la
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A -la
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Q\p�P
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Feet
0 250 500 750 1,000
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - ONE ACRE (A-1 a) TO
SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS -20)
AT WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
TMK: (3) 6-5-011: por. 030 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: NOVEMBER 3, 2014
EXHIBIT "A" Hind
Map: 1352