HomeMy WebLinkAboutORD 1992-016 1992-1994COUNTY OF HAWAII.........: STATE OF HAWAII
.BILL NO. 546
(llraft 2)
ORDINANCE NO. 92 16
AN ORDINANCE AMENDING SECTION 25-95F (KAWAIHAE-PUAKO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO SINGLE
FAMILY RESIDENTIAL (RS-10) AT LALAMILO, WAIMEA, SOUTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 6-9-O1:PORTION OF 7,
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95F, 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 Lalamilo, Waimea, South Kohala, Hawaii, shall
be Single Family Residential (RS-10):
Beginning at the Southernmost corner of this parcel of
land, being also an angle point on the Easterly boundary
of Grant 10559 to Annabelle Ruddle, being also an angle
point on the Easterly boundary of Lot 10 of the Puako
House Lots and being a point on the Westerly boundary of
Government Land (State of Hawaii), the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "PUAKO" being 6,996.47 feet South
and 9,423.50 feet West and running by azimuths measured
clockwise from True South:
1. 140° 40' 210.19 feet along Lot 10 of the
Puako House Lots and along
Grant 10559 to Annabelle
Ruddle to a point;
2. 275° 51' 150.26 feet along Government Land
(State of Hawaii) to a
point;
3. 6° 18' 148.15 feet along Government Land
(State of Hawaii) to the
point of beginning and
containing an area of
11,131 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 applicant, successors
or assigns shall comply with all of the stated conditions of
approval; (B) as agreed to by the applicant, restrictive
covenants in the deeds of all lots shall prohibit the
construction of ohana dwelling units. A copy of the proposed
covenant(s) shall be submitted to the Planning Department for
review and approval prior to final subdivision approval.
Written assurance for implementation of this condition, which
has met with the approval of the Planning Department, shall be
submitted to the Planning Department prior to final subdivision
approval. A copy of a typically recorded covenant shall be
filed with the Planning Department within one year from the
date of final subdivision approval; (C) sewage treatment
facilities shall meet with the approval of the Department of
Health; (D) a drainage system shall be installed meeting with
the approval of the Department of Public Works; (E) an annual
-2-
progress report shall be submitted to the Planning Director
prior to the anniversary date of the permit. The report shall
include, but not be limited to, the status of the development
and to what extent the conditions of approval are being
complied with. This condition shall remain in effect until all
of the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required; (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 may, at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; and, (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, 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
-3-
extended for up to one additional year); and 5) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the
area to its original or more appropriate designation.
SECTION 3. In the event that any portion of the 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:
~I(~ .
COUNCIL MEM R, COU T OF HAWAII
Hilo, Hawaii
Date of Introduction: February 5, 1992
Date of 1st Reading: February 5, 1992
Date of 2nd Reading: February 19, 1992
Effective Date: February 26, 1992
APPROVED AS TO FORM AND LEGALITY:
.~~
DE,g+(I('~ COR TION COUNSEL
DATED: FEB c ~ Ig92
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AMENDMENT •TO THE ZONING CODE
AMENDING SECTION ~5-95 F (KAWAIHAC -PUAt[O
20NE MAP) ARTICLE 3, CHATTER ~S (ZONING CODE
OF THE piAWAiI COUNTY CODE By CfiANG1NG THE
DISTRICT CLASSIFICATION FROM OPEN (O) ~-O
SINGLE FAMIL7' RES10E1VTIAL (RS -10) AT I-ALAIYIILO,
WAIMEA, SOUTH }COHALA, HAYVAII.
pREPAREO py PLANNING DEPARTMENT
COUNTY °P HAwAiI
TMK 6-9-01 = PoRT10N OF 7 Nov. 7, 1°.~°~1
EXHIBIT IINII (1'ANIAU paRT N~RS)