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Home My WebLink AboutBIL 027 Draft 01 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 27 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-95G (PUAKO - ANAEHOOMALU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-9-07:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95G, 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 Anaehoomalu, South Kohala, Hawaii, shall be Resort -Hotel (V-2a): Beginning at a spike (found) at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 3 of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and being a point on the Southerly side of an existing 60-Ft. Wide Road right-of--way, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 4,081.71 Feet North and 37,137.53 feet West and running by azimuths measured clockwise from True South: 1. 31 ° 19' 40" 610.40 feet along Lot 3 of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and along the remainder of Royal Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalama to a point; 2. 121 ° 19' 40" 871.11 feet along Grant 13,586 to E. J. White to a '/2 inch pipe (set); Thence, for the next nine (9) courses following along the upper reaches of the wash of the waves as evidenced by the debris line or the edge of vegetation as located on November 13, 1995 and certified by the Department of Land and Natural Resources on January 29, 1996, the direct azimuths and distances being; 3. 245° 27' 104.47 feet to a spike (set); 4. 258° 39' 73.87 feet to a P.K. nail (set); 5. 236° 58' 65.32 feet to % inch pipe (set); 6. 222° 06' 79.60 feet to %z inch pipe (set); 7. 197° 55' 50.90 feet to a''/z inch pipe (set); 8. 221 ° 06' 16.43 feet to a '/z inch pipe (set); 9. 239° 03' 84.54 feet to a spike (set); 10. 239° 00' 17.88 feet to a spike (set); 11. 223° 07' 15.19 feet to a % inch pipe (set); 12. 272° 26' 30" 342.63 feet along Lot 11 of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and along the remainder of Royal Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalama to a P.K. nail (found); 13. 301 ° 19' 40" 373.34 feet along the Southerly side of a 60-Ft. Wide Road right-of--way to the point of beginning and containing an azea of 9.643 Acres, more or less. 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: -2- A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for [he property damage, personal injury or death arising out of any act or omission of [he applicant, its successors or assigns, officers, employees, contractors and agents under this ordinance or relating to or connected with the approval of the ordinance. C. Final Subdivision and/or Plan Approval shall be secured within five (5) years from the effective date of this change of zone. D. Access(es) to the project site shall be constructed in a manner meeting with the approval of the Public Works. E. A Solid Waste Management Plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for review. F. A Flood Study of the project site shall be submitted to the Planning Department in conjunction with plans submitted for review for any portion of the 10.0 acre project site. 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 or Plan Approval for the project site. G. A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. -3- H. An archaeological preservation plan shall be prepared and submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the project area. I. An anchialine pond research report and preservation plan shall be prepared and submitted for approval with the DLNR-HPD. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the project area. 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 DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when the DLNR-HPD finds that sufficient mitigative measures have been taken. K. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire Department and Department of Water Supply. L. 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 toward the requirements of the Unified Impact Fees Ordinance. -4- M. An extension of time for the performance of conditions within the ordinance, with the exception of Condition C, 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 applicant, successors or assigns, and that is 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). 5. Should the Applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. N. Should any of [he 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. _ 77 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- II o aM - . i' % - TRUE NORTH O o RM - II ~ ~ i i ~ Scale: 7' = BGO' ~i 'fp e I II of cv-1o~ o ~,I, (u) /I <u> \ l l ' i O i' ~ ~ ~ ~ ~ ti 'f- , / ~ / RM - b ~ ~ ~ / ti r 10 /10 ` 4M- 5 i O ~C p o O i y~ / o I ° / y~ I / cv-lo \ O II i i r I ~.-I 1 ~ i I i I / / I / i R M - ~ 1 I / I r / I O I ~ ~ LV-IOj I RM-6 ~ ~ U (V) I ~ i j O R M- I. 5 1 ~ / R M- 5 R M- 1. 5 i i 0~ \ r ~ P \ 1 I I Q Q O LV-10 CV-10 ` II i i O O l ~ Y j / O o O y ~tirm BEACH 'P.y o ~ 0 O RM-1.5 V-1,15 '~s I Z O / i / Ryyd I cL Wi/ks/sie C V - 10 P ''O Nevi/ V - 1.15 ~/~P <u) CL ~ / 4~ ~ 10 / `C p o\~ /.s v-1.25 4,081.71 N p !~'T 37,137.53 W i ~ o "PUU HINAf' ~ ~ N'AlkO(OA O V - 1.15 ~NAENOOM~LU 0 V - 1.25 BAY RM - 1.5 OPEN TO RESORT-HOTEL (V-2a) 0 AREA: 9.643 ACRES AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-95G (PUAKO - ANAEHOOMALU ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-9-7: 15 NOVEMBER 29, 1996 EXHIBIT „A,~ (JONN W. HOFFEE,II) 17 ~ _ ~ -