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Home My WebLink AboutBIL 162 Draft 02 2004-2006 ppM2'i,or y__ U': " ~'~4 COUNTY OF HAWAII STATE OF HAWAII •'s O~~M~~ BILL NO. 162 ORDINANCE NO. Dr. 2 AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU "LONE MAP), AR"fICLE 8, CIIAPTER 25 (ZONING CODE) OF 1'HE HAWAII COUNTY CODE 1983 (2005 EDITION), BY C}IANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a)'CO AGRICULTURAL (A-5a) AT WAIMEA, SOUTH KOHALA, HAWA[`I, COVERED BY TAX MAP KEY 6-4-17:40. F3E [T ORDAINED BY THE COUNCII. OP TIIE COUNTY OF HAWAII: St;CI'ION 1. Section 25-8-11, Article 8, Chapter 25 ('Coning Code) of the Hawaii County Cbde 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): Eeginning at the southeast corner of this parcel of land, being the south corner of Lot I, of the Hoonaui Subdivision, Increment "A" (file Plan 1380) and on the northerly side of Mamalahoa Ilighway, the coordinates of said point of beginning referred to Government Survey 'triangulation Station "EAST BASE" being 6,182.00 feet North and 20220 feet West, thence running by azimuths measured clockwise from 'True South: I . 76° SR' 600.06 feet along Mamalahoa Highway; 2. 166° 10' 3,181.12 feet along a portion of Lot 99, Grant 6857 to J. Chcscbro; 3. 256° 10' 600.00 feet along Puukapu Pasture Lots -Section 2; d. 346° 10' 3,189.50 feet along Hoonani Subdivision, Increment "B'~ (File Plan 1384) and I[oonani Subdivision, Increment "A' (File Plan 13801 to the point of beginning and containing an area of 43.88 Acres, more or less. All as shown un the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, I Iawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be 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) Fulf illment 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. G Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. nll 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, except that the driveway to the existing home may remain as a second access until the home is no longer used. 2 L. The applicantls) shall provide a 15-foot wide future road widening setback along the entire property frontage of Mamalahoa Highway. 1'. The applicantls) shall provide a 50-foot wide roadway casement for the possible extension of Hauhoa Street to the western boundary of the property, meeting with the approval of the Department ofPublic 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 may be 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 rep°iew 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. The applicant shall submit a hydrologic and hydraulic drainage studyprepared by a licensed civil engineer to the Department of Public Works. 'fhe draina e study shall be in compliance with the Department of Public Works Storm Drainage standards. All drainage improvement systems shall be constructed prior to Final Subdivision Approval, in accordance with the drainage study and meetin =with the approval of the Department of Public Works. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. I. fhe method of sewage disposal shall meet with the requirements of the State Department o f Health. 3 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 band and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- IIPD when it finds that sufficient mitigation measures have been taken. K. Comply with all applicable County, State and Federal Laws, rules, regulations and requiramcnts. L. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. "I'he 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 Plamiing Director acknowledges that further reports are not required. M. An initial extension of time for the performarce of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. I"he 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 (or 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 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL M ~ ER, COiTNTY OF AWAI`i Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: r_~,:.; 493.4 5 FOREST RESERVE FORESTRESERVE FORESTRESERVE AGRICI!l~TUR~4~. (A-40a) T^ W AGR€~~1LTlf~I.IA-5~a A•40a f l_-___.. ~ A-40a I r T#~.~5 ~~RES A-40a A•40a ~ A-1a ~~JQ ~ A•40a A-9dJa - ~ . r ~ ~ 0 ' j c A-fa ~ i f , ~ aa:.:;.. i ~ I ~ ~ f4 f I f9 _ 7 N A-T a ~ ~ A-Ta; ~ - ~ pu4~ ~ o d ~i.St ~ m- tai i A-fa I ~u~j Q - h~ off, o A~Oa ° ~ l ~ ' ~ A-ta a ¢ d - A-Ta A-1a A-Sa A-40a I c A-40a A-5a 6,?82.00 N ~ 202; 20 Vfd °7 m ' ~ "EAST BASE" ~ A-ta ~ ~ A 3a A-40a A-40a A•5a A-Sa i 10G 550_ U 1.1 DO ^ 33D0 •LdOU c~ _ I AMENDING SECTION 25-8-11 {LALAI?ILO-PUUKAPU zONE MAP} ARTICLE 8, CNAF°TER 25 (ZONING CODE) OF TIDE I-~AWAII COUNTY CODE= 1983 (2005 EDITfON), SY C~--IANGING TIE DISTRICT CLASSII=ICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT WAIMEA, SOUTH KOHALA, HAWAII PREPARED f3Y: PLANNING DEPARTMENT COUNTY OF HAWAII MK 6-4-017040 Date September 16 2C ~X1-f1~6T (Yoshio Inaba, ET AL 11