HomeMy WebLinkAboutBIL 086 Draft 01 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. R6
ORDINANCE NO.
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
F AMIL Y AGRICULTURAL (F A-3a) AT PUUKAPU HOMESTEADS, FIRST SERIES,
PUUKAPU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-01:35.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAil:
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 Homesteads,
First Series, Puukapu, South Kohala, Hawaii, shall be Family Agricultural (F A-3a):
Beginning at the south comer of this parcel of land, being the east comer of Lot 42,
Grant 4658 to Mrs. Lucy Hie and on the northerly side of Mamalahoa Highway, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "WEST BASE" being 511.0 feet North and 4,968.0 feet East, thence running by
azimuths measured clockwise from True South:
1.
1490 07'
1,613.00 feet along Lot 42, Grant 4658 to Mrs. Lucy
Hie;
2.
2100 12'
09"
439.97 feet along road;
3.
3290 07'
1,990.00 feet along Lot 78 and Lot 79, Grant 4549 to
Heirs of Mrs. Emma Achi;
4.
820 13'
418.70 feet along Mamalahoa Highway to the point
of beginning and containing an area of
15.928 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 applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date of
this ordinance.
D. A drainage study of the project site, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed
in a manner meeting with the approval of the Department of Public Works prior
to the issuance of Final Subdivision Approval.
E. 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. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigative measures have been taken.
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F. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
G. 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. 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).
H. 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.
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CIL MEMBER, COUNTY OF HA WAIl
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
RCfERWCEa Comm. 301
APPROVED AS TO FORM AND LEGALITY
CORPORA nON COUNSEL
DATED:
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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, BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-40a) TO FAMILY AGRICULTURAL (FA-3a) AT PUUKAPU HOMESTEADS,
FIRST SERIES, PUUKAPU, SOUTH KOHALA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY or HAWAII
TMK : 6-4-01: 35
EXHIBIT "A"
APRIL 31, 1997
(ROONEY INASA)
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