The URL can be used to link to this page

Home My WebLink AboutORD 2001-115 2000-2002 COUNTY O~ I-IAV~`: STATE Old I~AWAI`I BILL NO. 114 (Draft 3) ORDINANCE NO. .;~.5 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'/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: -1- 3. 76° 53' 17.2" 523.19 feet to a'/~ 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 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 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 -2- subject property shall prohibit condominium property regimes on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances 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 applicant and the County Planning Director and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. 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. 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. 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. 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: -3- 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 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. 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: ` 'NCO CIL MEMBER, COUNTY OF HAWAII -4- Hilo, Hawaii Date of Introduction: November 7 , 2001 Date of 1st Reading: November 7, 2001 Date of 2nd Reading: November 21, 2001 Effective Date: November 30, 2001 APPROVED A :,~'O,„,~'ORM AND LEGALITY f~ ,44~~ ~ CORPORATION C UNSEL DATED: ~ OFF3CE OF THE COUNTY CLERK County of Hawaii x i l o ,Hawaii (DRAFT 3 ) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: November 7, 2001 Arakaki X First Reading: November 7, 2001 Chung X Published: N/A Elarionoff X Jacobson :~~SX REMARKS: Leithead-Todd X ~ Pisicchio X Safarik X , Tyler X Yagong X ~ 8 . 1 0._. 0 - d~ ~ Second Reading: November 21, 2001 ROLL CALL VOTE To Mayor: November 27 , 2001 AYES NOES ABS EX Returned: December 3, 2001 Arakaki X Effective: November 30, 2001 Chung X Published: December 17, 2001 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 1 0 0 1 DD HEREBY CERTIFY that the foregaing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ` FORM AND LEGALITY: ~ t, Q. - CO CIL CHAIRMAN DEPUTY ORS' N COUNSEL COUNTY OF HAWAII COUNTY CLERK Date1/• ~>r'•yf 114 (Draft 3) Bill No.: ~ C-367.2/PC-40 prove Disapproved this 30 day Reference: off' ~oJP.vn @i/ , 20 O t Ord No.: MA Y(~ , CO LINTY OF NA WA II