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Home My WebLink AboutBIL 099 Draft 01 2020-2022 COUNTY OF HAWAII _* STATE OF HAWAII ♦,ATF Of.MF'.Ft' BILL NO. 99 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 11 73 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FORTY ACRES (A-40a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PU`UKAPU, SOUTH KOHALA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:042. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 11 73 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2-0 Edition)] (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 (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors, or assigns("Applicant') shall be responsible for complying with all of the stated conditions of approval. -1- B. [The applicant shall submit the r-equifed watef eommitment payment to the I Department of Water- Supply in aeeor-danee with its " Water-CommitmentI Guidelines i Pokey" within ainety( 90) days from the ef6ae4ive date of this ehange 3 I I of zone7] The Applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges 3 are paid in full. 3 i C. Final subdivision approval shall be secured within five (5)years from the 3 effective date of this amended ordinance. D. The driveway connection to the Mamalahoa highway shall conforrn to Chapter 22, County Streets, of the Hawaii County Code. No more than one lot will be permitted to have a driveway taking direct access from the Mamalahoa Highway. All other proposed lots shall be provided with access via a subdivision roadway that meets the minimum requirements of Chapter 23, Subdivisions, Hawaii County Code and constructed in a manner meeting with the approval of the Department of Public Works. E. The [applieant}Applicant shall provide a 15-foot-wide future road widening setback along the entire property frontage of Mamalahoa Highway. F. The [applieat}Applicant shall provide a 50-foot-wide roadway and utility easement for the future extension of Hauhoa Street to the western boundary of the property (adjoining TMK: 6-4-017:43). G. [Restr-ietive eovenants in the deeds of all the proposed lots shall give notiee Femoved by aniendine-rit of this or-dinance by the County Couneil. The owners o the pfop effy may also -2- dwellings. A eopy of the proposed eove-nant(s) to be r-eeoi:ded with the State o of the Feeor-ded doe�atnent shall be filed with the Planning Depaftment upon its meet t f,,.-Y, the Bureau of Gon e .] All earthwork andrg ading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. H. Any construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Floodplain Management of the Hawaii County Code. All development generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. A drainage study, including proposed on- site drainage improvements which may include pervious or porous asphalt, shall be prepared by a licensed civil engineer and submitted to and approved by the Department of Public Works prior to or in conjunction with any building permit or land disturbance permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public [ ks] Works prior to receipt of final occupancy or certificate of occupancy permit, as the case may be. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. [ , marine she!! eeneepAr-atiens or-human hwials be eneomunte+ed, wor-k in-the immediate area shall eease and the Depaftment of hand and Natual Resoufoes State Histor-ie Pr-esefvation Division (DLNR 14PD) shall be immediately notified. 14PD when it finds that suffieient mitigation measufes hm,e been ta ] Prior to the issuance of final subdivision approval, SHPD will have the opportunity to -3- review and comment on the project pursuant to HRS 6E-42. In the 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 demolition and/or construction work, the Applicants shall 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. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. The [app4e ]Applicant shall comply with all applicable County, State and Federal Laws, rules, regulations and requirements. L. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the amended ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. M-. [An initial extetision of time for the per-fefinanee of conditions within the V 1 111111L11V V may be gfa-nted by the Planning Difeetof upon the following eir-Ouffistanees: > , and t u.a��t the LVUklt V1 L11V11 1CLU11 of IlGit 2. Giunting of the time extension would not be eontfafy to the Genefal PI or-Zoning Code. -4- 3. Granting of the time extension would not be eontfafy to the ofiginal a. aUalsfor-the ernr+minn-ofthe ehanbe of zone. 4. The time extension grant d shall be for a period not to exeeed the period or-igi „lgsrr lly g c1tAe for-p€r-fofmane (i.e., aeoiie`lirtiairto '---pt,erfa ffied r.auaaaa one yvua iiiuJ' VV VACVIIUVU LVl C1iJ to one additional yeaf)-. 5. If the applieant should r-equife an additional extension of time,4he PlanningD ft + 1 11 1 it the plias nt's Fequest t +1, ! + l...vr.�..a..aal..11.� �ll�..11 .zuvllll� Clly up�.rllvun Gotitieil fvf appfopiiate aenarr. If the Applicant 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. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 4. 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 application, and to this end the provisions of this ordinance are severable. -5- i I SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: CO L MEMBER, COUNTY OF H WAI`I Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 548 -6- A- a A 1a A-1 A a -la 4 mvp 4 AGRICULTURAL•FORTY ACRE6(A-0 1 TO AGRICULTURAL-FIVE ACRES{A.$) 17,88 ACRES TOTAL40 wR 1a a A-1 r7RE- x ,r . A 1a A-40a A a r� -1a ,. 5 1a to A- A -!a Vaear 'v6.046.7fYM A-4{} A- a Feet 0 250 500 1,000 1,500 2,000 2,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAI'l COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- FORTY ACRES (A-40a)TO AGRICULTURAL- FIVE ACRES (A-5a) AT PU'UKAPU, SOUTH KOHALA DISTRICT, HAWAII MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT TMK:6.4-017:042 DATE:Feb.08,2011 EXHIBIT"A" Cynthia Foster FOR REFERENCE ONLY Map 1307