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Home My WebLink AboutBIL 114 Draft 01 2000-2002 COLTN'I'I' OF I~[A~~`I S'I'AT~ OF I~AWAI`I SILL NO. 114 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-Sa) AT PiJiJKAPU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-30:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-11, 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 Puukapu, South Kohala, Hawaii, shall be Agricultural (A-Sa): Beginning at a'/2 inch pipe (set) at the Easternmost corner of this parcel of land, being also the Southernmost corner of Parcel 13 and being a point on the Northwesterly side of Mud Lane, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Waimea East Base" being 8,744.60 feet North and 9,452.46 feet East and running by azimuths measured clockwise from True South: 1. 29° 41' 349.01 feet along the Northwesterly side of Mud Lane to a''/2 inch pipe (set); Thence, following along the Northwesterly side of Mud Lane on a curve to the right with a radius of 127.00 feet, the chord azimuth and distance being: 2. 32° 13' 07" 11.24 feet to a''/z inch pipe (set); Thence, following along the Northerly side of Hawaii Belt Road (F.A.P. No. F-019-1(1)) on a curve to the right with a radius of 11,419.16 feet, the chord azimuth and distance being: 3. 76° 53' 17.2" 523.19 feet to a'/2 inch pipe (found); 4. 166° 12' 10" 962.39 feet along Lots 1 and 5 of Aina Moluhi Subdivision, Increment I and along the remainder of Grant 7966 to Sanford Kealoha Kakani to a'/z inch pipe (found); 5. 298° 44' 1,046.78 feet along Parcel 13 and along Land Commission Award 8559-B, Apana 2 to William C. Lunalilo (Certificate of Boundaries No. 33) to the point of beginning and containing an area of 10.1327 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 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 Agricultural District. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this ordinance. D. Access to the property from Hawaii Belt Road shall meet with the requirements of the State Department of Transportation. E. 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. -2- Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. F. The applicants shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. G. 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. H[. An initial extension of time for the performance of conditions within the ordinance maybe 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 applicants, its 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 maybe extended for up to one additional year). -3- 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. I. 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Z~~~C~~' CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -4- AGRICULTURAL (A-40a) N TO AGRICULTURAL {A-5a) w E AREA = 10.1327 ACRE s A- 4 0 a 8,744.60 N 9,452.46 E 'WAIAAEA EA SE" A- a A-40a ROP4 8a-T A-Sa A-40a µA~~~ A- a A- O a -Ja ~ A 1a A- a \ ~ A-40a ^ A- a 0 500 1000 1500 2000 2500 3004 3500 ~4 AMENDING SECTION 25-8-11 (LALAMILO-PUUI4APU-ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE} OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-4Qa) TO AGRICULTURAL {A-5a) AT PUUKAPU, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII ~'M~ : 6-4-30:15 AIJG. 22, 2001 EXH(~IT ~.A.. _ _ (Shailertberger)