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Home My WebLink AboutBIL 114 Draft 03 2000-2002 COLTN'I.~' O~ I~AW`I STA'T~ O~ I-IAWAI`I BILL NO. 114 (Draft 3) 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 PUUKAPU, 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 '/s 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'/2 inch pipe (set); Thence, following along the Northerly side of Hawaii Belt Road (F.A.P. No. F-0l 9-1(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'/2 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, its successors or assigns shall be responsible for complying with the requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicant shall secure Final Subdivision Approval within five (5) years from the effective date of this ordinance. D. Access to the subject [property] properties from the Hawaii Belt Road shall be through one common driveway which is in compliance with the requirements of the State Department of Transportation. E. Restrictive covenants in the deeds of all the proposed residential lots within the subject propertxshall prohibit condominium property regimes on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances -2- shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval A copy of the approved covenant(s) shall be recited in an instrument executed by the ~plicant and the County Planning Director and recorded with the Bureau of Conveyances for any portion of the subiect property. A copy of the recorded document shall be filed with the Planning Department u on its receipt from the Bureau of Conveyances [E]F. 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. When the DLNR-HPD finds sufficient mitigation measures have been taken, subsequent work on the project shall proceed. [F]G. 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]H. Should the Hawaii County 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]I. 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 applicants, its successors or -3- 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 Director shall submit the applicants' request to the County Council for appropriate action. [I]J. 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: ; - ~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- AGRICULTURAL (A-40a) N TO AGRICULTURAL (A-5a) w E AREA = 10.1327 ACRE s A-40a 8,744.60N 9,452.46 E 'WAIMEA EA SE" A- a A-40a Rpm ~yT A-5a A-40a NA`NAtI A - a A- Oa h -Ja A 1a A- a 0 500 1'000 1500 2000 2500 3000 3500 Fee4 AMENDING SECTION 25-8-11 (LAI~IU~ILO-PUUKAI~~} ZOf~E IF~6AP )-ARTFCLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, SY CHANGING THE DISTRICT CLASSIFICATION FRONT AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT PUUKAPU, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TI MSG : 6-4-30:15 AUG. 22, 2001 EXI-I[OBT "A" (Shalienberger)