HomeMy WebLinkAboutBIL 017 Draft 01 1996-1998 i ~ + Y
COUNTY OF HAWAL~ STATE OF HAWAII
BILL NO. 17
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-la) TO
SINGLE FAMILY RESIDENTIAL (RS-]0) AT WAIMEA, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-5-07:25.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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-] 0):
Beginning at the East corner of this parcel of land on the Southwesterly side of Lindsey
Road, the coordinates of which referred to Government Survey Triangulation Station
"WEST BASE" being 983.39 feet South and 3,133.41 feet West and running by azimuths
measured clockwise from true South:
1. 55° 09' 471.70 feet along Grant 7246 to Sam Kaapuni;
2. 114° 20' 119.80 feet along Grant 6302 to K. Lindsey;
3. 232° 46' 30" 438.50 feet along remainder of Grant 6295 to J.
Lindsey, Jr.;
4. 325° 09' 81.06 feet along remainder of Grant 6295 to J.
Lindsey, Jr.;
5. 235° 09' 95.00 feet along remainder of Grant 6295 to J.
Lindsey, Jr.;
6. 325° 09' 40.00 feet along the Southwesterly side of Lindsey
Road to the point of beginning and
containing an area of 49,700 square feet.
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) yeazs from the effective date of this change of zone
ordinance.
D. The driveway access(es), including the provision of adequate sight distance at
Lindsey Road, shall be constructed in a manner meeting with the approval of
the Department of Public Works.
E. All grading and grubbing activities and drainage improvements shall meet with
the approval of the County Department of Public Works.
F. The wastewater treatment and disposal system shall be designed in accordance
with Department of Health regulations, and shall be installed prior to the
issuance of a Certificate of Occupancy for the first new building on the site.
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G. A drainage system which meets with the approval of the Department of Public
Works shall be installed prior to issuance of Certificate of Occupancy for the
first new building on the site. Any drainage improvements shall also meet State
Department of Health, State Department of Transportation and National
Pollutant Discharge Elimination System standards.
H. 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 (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.
I. 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.
J. 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 [heir fault or negligence.
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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).
K. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the development.
L. 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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFEREtJCE: Caiwtu.~~~~
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AMENDMENT TO THE 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-1a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIMEA, SOUTH
KOHALA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-5-7: 25 NOVEMBER 21, 1996
EXHIBIT "A° (LAWRENCE L. 51EVEN5)
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