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Home My WebLink AboutBIL 294 Draft 01 1994-1996 . . ,,/ t:2.Jl. 4h.yt-? . -~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 294 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-95E (LALAMILO - PUUKAPU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-l a) TO SINGLE F AMIL Y RESIDENTIAL (RS-15) AT W AI MEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-5-08:32. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAIl: SECTION 1. Section 25-95E, Article 3, 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 Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-15): Beginning at the north comer of this parcel of land, being the east comer of Lot 12-B and on the southwesterly side of Lot II-B-2, a portion of Grant 6283 to J. Vierra, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 137.46 feet North and 2,987.77 feet West, thence running by azimuths measured clockwise from True South: 1. 3250 09' 346.60 feet along Lot ll-B-2 and Lot ll-B-l, being portions of Grant 6283 to J. Vierra; 2. 550 09' 200.00 feet along Hokuula Road; 3. 1450 09' 346.60 feet along Lot 6, Lot 7 and Lot 18, being portions of Grant 7244 to Manuel Vierra; 4. 2350 09' 200.00 feet along Lot 12-B to the point of beginning and containing an area of 69,320 square feet or 1.591 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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the change of zone ordinance. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. D. The driveway access(es), including the provision of adequate sight distance at Hokuula Road, shall be constructed in a manner meeting with the approval of the Department of Public Works. E. All grading and grubbing activities shall meet with the approval of the Department of Public Works. F. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. G. The wastewater treatment and disposal system shall meet with the approval of the Department of Health. -2- . . H. Fire apparatus access roads and a water supply capable of supplying required fire flow for fire protection shall be installed and approved by the Fire Department prior to the issuance of Final Subdivision Approval. I. Should any unidentified sites or remains such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when sufficient mitigative measures have peen , ' taken. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the easements of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the development. L. 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. 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. -3- . " . 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 nof 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). M. Should any of the conditions not be met or substantially complied with in a timely fashion, the 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 MEMBER, COUNTY OF HA WAIl Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: .Rf.ffRJ:NCf: Comm. 1271 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -4- A'la ~ I I I I I I , I I I I ~. ~~ ~ 1/ ~ :.. ~i.' ~'4 A'la A'la 137.46 N 2,987.77 E "WEST BASE" &. A-Ia A'la ROAD A'la A-Ia AGRICULTURAL (A-1a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AREA: 1 .591 ACRES A.la A-Ia , \ '\\ (jo'\ ,,'!I o A-Ia W..'m611 >- W Vl o z ::::i Ie5 -1,r; A-Ia P II rJ: ROAD o Il_:.:~r I ~-?5 A-Io AMENDMENT TO THE A-Ia ZONING CODE AMENDING SECTION 25-95E (LALAMILO - PUUKAPU ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-1 a) TO SINGLE FAMILY RESIDENTIAL (RS-15 ) AT W AIMEA, SOUTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF" HAWAII TMK : 6-5-08:32 EXHIBIT "A" JUNE 7, 1996 (KAMUELA FARMS) mJ :.