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Home My WebLink AboutBIL 162 Draft 01 2004-2006 COUNTY OF HAWAI`L STATE OF HAWAII BILL NO. >.6z ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-& Ll (LALAMILO-PUUKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-Sa) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-17:x0. 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 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waimea, South Kohala, Hawaii, shall be Agricultural (A-Sa): Beginning at the southeast corner of this parcel of land, being the south corner of Lot 1, of the Hoonani Subdivision, Increment "A" (File Plan 1380) and on the northerly side ofMamalahoa Highway, the coordinates of said point ofbeginning referred to Government Survey Triangulation Station "EAST BASE" being 6,182.00 feet North and 202.20 feet West, thence running by azimuths measured clockwise from True South: 1. 76° 58' 600.06 feet along Mvnalahoa Highway; 2. 166° 10' ±,181.] 2 feet along a portion of Lot 99, Grant 6857 to L Chesebro; 3. 256° 10' 600.00 feet along Puukapu Pasture Lots -Section 2; 4. 346° 10' 3,189.50 feet along Hoonani Subdivision, Increment "B" (File Plan 1384) and Hoonani Subdivision, Increment "A° (File Plan 1380) to the point ofbeginning and containing an area of 43.88 Acres, more or less. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a pari hereof. SECTION 2. [n accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. All driveway connections to Mamalahoa Highway shall conform to Chapter 22, Streets, of the Hawaii County Code. No more than two lots can front Mamalahoa Highway and take direct access from the highway. Such access shall be from a single access point meeting with the approval of the Department of Public Works, -2- except that the driveway to the existing home may remain as a second access until the home is no longer used. E. The applicant(s) shall provide a 15-foot wide future road widening setback along the entire property frontage of Mamalahoa Highway. F. The applicant(s) shall provide a 50-foot wide roadway easement for the possible extension of Hauhoa Street to the western boundary of the property, meeting with the approval of the Department of Public Works. G. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. All development generated rwioff shall be disposed of on site and not be directed toward any adjacent properties. I. The method of sewage disposal shall meet with the requirements of the State 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 -3- immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. K. 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 a~miversary date of enactment of the 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 extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following ci rcrunstances: 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- 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 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. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION This ordinance shall take effect upon its approval. TRODUCED BY: ~ COUNCIL 1V.MBER, C TY OF AWAI` c~~, COUNCIL M ~ ER, COUNTY AWAI`I 1'Iawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: .~'ar"~:FI:~~NC,.Ii~ ~Oi'i~~'i°i: :.,....s 49>3..~...<> -5- FOREST RESERVE FOREST RESERVE FOREST RESERVE AGRICULTURAAL (A-40a) TO u AGRICULTURAL A-Sa A-4oa ~___....1 A-40a 43.88 ACRES A-40a A-40a ~ Q~ ~ S A4a O.CJ Q' A-40a A-40a ~ ' P a A ' i i $R it ~ _ m - - i ~ m m m ~ N., Ala ~ - -I _ n ~ m A pu - v - o " uN o!St ~ Puu,N a i p~ c~ ~ A4a ~ -c pUp a cz ho p~ 3 ° ~ ° ~ A-4oa ~ ~d o A"40a Ma ~~Ili4a;1?I. Y - ?-~a ¢ d A fa Ada A-5a A-40a c _ A-40a A-5a 6,182.00 N ~ ~ LL 202120 W °1 - s d "EAST BASE" i ~ A4a ~ d A-Ja A-Sa A-52 A-40a A-40a i ioo uo u voo zzao asoo aaoo r ee~. AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT WAIMEA, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK 6-4-07040 Uate September 1fi. 200 EXHIBIT "A" (voshio Inaba Er n~ i iea~