HomeMy WebLinkAboutBIL 294 Draft 02 1994-1996
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 4 94
(Draft 2)
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 AIMEA, 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) ofthe 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
l2-B and on the southwesterly side of Lot ll-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 l2-B to the point of beginning
and containing an area of 69,320 square feet
or 1.591 acres.
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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.
E.
F.
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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.
All grading and grubbing activities shall meet with the approval of the
Department of Public Works.
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.
The wastewater treatment and disposal system shall meet with the approval of the
Department of Health.
G.
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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 Final Subdivision Approval.
1. Restrictive covenant in the deeds of all the proposed residential lots shall prohibit
the construction of an ohana dwelling or a second dwelling unit on each lot. A
copy of the covenant with this requirement shall be submitted to the Planning
Department for review and approval prior to Final Subdivision Approval. A copy
of the approved covenant shall be recited in an instrument executed by the
applicant and the County prior to Final Subdivision Approval for any portion of
the subject property. The Planning Director shall promptly deliver such document
to the Bureau of Conveyances for recordation. A copy of the recorded document
shall be filed with the Planning Department upon its receipt from the Bureau of
Conveyances.
J. 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 been
taken.
K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the easements of impact fees, conditions
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included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
L. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the development.
M. 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.
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 ~ay be extended for up to one additional year).
N. 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.
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SECTION 4. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
December 18, 1996
December 18, 1996
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
REfE:RENCE; Comm. 1271 . 03
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137.46 N
2.987.77 E
"WEST BASE" &.
A-I.
A-I.
ROAD
A-Ia
AGRICULTURAL (A-1 a)
TO SINGLE FAMILY
RESIDENTIAL (RS-15)
AREA: 1 .591 ACRES
A-Ia
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A-Ia
ROAD
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A-Ia
A-Ia
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-95E (LALAMllO - PUUKAPU ZONE MAP) ARTICLE 3, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-la) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT WAIMEA, SOUTH
KOHALA, HAWAII.
TMK : 6-5-08:.32
EXHIBIT "AU
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF' HAWAII
JUNE 7, 1996
(KAMUELA FARMS)
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