The URL can be used to link to this page

Home My WebLink AboutBIL 044 Draft 01 2000-2002 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 44 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-la) AT KAUMANA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS 2-5-44:1 AND 2-5-45:PORTION 1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, 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 azea situated at Kaumana, South Hilo, Hawaii, shall be Family Agricultural (FA-1 a): PARCEL A Beginning at an ahu (found) at the northwest comer of this pazcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 1,301.47 feet south and 6,016.55 feet West and thence running by azimuths measured clockwise from true South: 1. 258° 27' 791.67 feet along Government Land; 2. 341 ° 00' 900.00 feet; 3. 268° 00' 795.69 feet; 4. 70° 33' 415.12 feet along Lot A, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; -1- 5. 40° 57' 340.00 feet along Lots A and B, being portions of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 6. 53° 40' 227.00 feet along Lot B, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 7. 83° 39' 165.00 feet along Lot B, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 8. 64° 32' 535.00 feet along Lot C, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 9. 82° 27' 244.00 feet along Lots C and D, being portions of R.P. 5706, L.C.Aw. 8521-B, Ap. 2 to G.D. Hueu; 10. 85° 39' 178.35 feet along Lot D, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 11. 180° 00' 1488.08 feet along Grant 4051 to T. Mutch to the point of beginning and containing an area of 36.913 Acres, more or less (refer to Parcel "A" as shown on Exhibit "A"). PARCEL B Beginning at an ahu (found) at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KALJMANA" being 1,301.47 feet South and 6,016.55 feet West and thence running by azimuths measured clockwise from true South: 1. 360° 00' 1466.85 feet along Grant 4074 to H.C. Hitchcock; 2. 94° 21' 97.08 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 3. 87° 11' 404.32 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 4. 65° 31' 242.19 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; -2- 5. 52° 30' 408.32 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 6. 72° 44' 231.18 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 7. 76° 13' 182.14 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 8. 180° 00' 1554.21 feet along Grant 4075 to Chas. Auld; 9. 255° O1' 1493.41 feet along Government Land to the point of beginning and containing an area of 48.123 Acres, more or less (refer to Pazcel "B" as shown on Exhibit "A"). PARCEL C Beginning at an ahu (found) at the northeast corner of this pazcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KALTMANA" being 1,687.57 feet south and 7,459.19 feet West and thence running by azimuths measured clockwise from true South: 1. 360° 00' 1554.21 feet along Grant 4051 to T. Mutch; 2. 76° 13' 123.70 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 3. 51° 44' 302.82 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 4. 28° 08' 295.89 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 5. 74° 02' 324.71 feet along Lot 13, being a portion of R.P. 5706, L.C.Aw. 8521-B, Ap.2 to G.D. Hueu; 6. 180° 50' 30" 1656.01 feet along remainder of Grant 4075 to Chas. Auld and Lots 4 and 12, being portions of Grant 4075 to Chas. Auld; -3- 7. 239° 20' 912.95 feet along Government Land to the point of beginning and containing an area of 29.538 Acres, more or less (refer to Pazcel "C" as shown on Exhibit "A"). All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, 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 Agricultural District. C. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access from Kaumana Drive and Hapuu Road shall meet with the approval of the Department of Public Works. E. The applicant shall install street lights, signs and mazkings meeting with the approval of the Department of Public Works, Traffic Division. F. A flood study shall be prepazed, and if the flood study reveals flood limits different from that of the FIltM, the applicant shall obtain a FEMA Conditional Letter of Map Revision (CLOMR) and a FEMA Letter of Map Revision (CONK) prior to Final Subdivision Approval, meeting with the approval of the Department of Public Works. -4- G. A drainage study shall be prepared and submitted for approval to the Department of Public Works prior to Final Subdivision Approval. The drainage system shall be constructed in conjunction with Final Subdivision Approval, meeting with the approval of the Department of Public Works. H. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Final Plan Approval to the Planning Director. I. A wastewater system for the proposed development shall be constructed, meeting with the approval of the Department of Health. J. 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 -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. K. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. L. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject properties, including the Department of Public Works, Department of Water Supply, Department of Health, and Department of Education. -5- M. 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 towazds the requirements of the Unified Impact Fees Ordinance. N. 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 yeaz may be extended for up to one additional yeaz). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -6- O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property 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: i~~ C CIL MEMBER, COUNTY OF HAW Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 158 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -7- Rs-I A - I• A - I. n - 20• n - 20. n - lo. TRUE NORTH A-2o. ' Scale: t' = 1,000 n-I. 'o 0 n-I. n-lo. PARCEL C: A - I . AGRICULTINtAL (A-20o)) TO FAMILY AGRK3JLTURAL (FA-1a) Ana 26336 Aene A - 2 0. I ~ 1,887.57 S 7,459.19 W n - 2 0. w - 20, 'KAIA~WI~\' n-lo. PARCEL B: n - I.`'' AGRICULTURAL (A-ZOa) TO FAMR.Y AGRIWLTURAL (A-lo) Anon 36.123 Aare 9 ; n-2o. Z ~ /1 n-lo. 1,301.47 S n - 20. 6,016.55 W PARCEL A: n - 20. n - lo. AGRICULTURAL (A-20a) TO I~ FAMILY AGRICULTURAL (FA-1o) Anx 36.!13 Aon~ s n - I. 0 \ R s - I O O iL A-20. s A-20• A- 1 0• A- I• ~ A-20• ~A-1• - lo. WILDER ROD h' o a n - 20. - Rs to ~ A - 20• - A - I• iLN - 40 ~ 45 UKIA EET KIA P - ~ O__ A - 20• O O t~, - R 5 - 1 1 - _ -'RM - 1 ~ C N- 1 z w s ~ v 7 O A - I • 0 RM - 1 1` RS - ~ 5 O A - I • m • oa ~ - AKOLEA ROAD RM - 1 A - 20• ~ RS - ~ 5 Sc6•e/ A - 5• - i 1ts-10 ~ RS-io AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-1a) AT KAUMANA, SOUTH HILO, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-5-44: 1 do 2-5-45: POR. 1 OCT. 1 1, 2000 EXHIBIT "A" (RICHARD M TOWILL)