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Home My WebLink AboutBIL 007 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. ~ ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-la) AT WAINAKU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-13:1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-34, 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 azea situated at Wainaku, South Hilo, Hawaii, shall be Family Agricultural (FA-la): Beginning at a point at a 2" pipe (found) at the north corner of this pazcel of land and on the southeast end of a 20-Foot Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,464.52 feet North and 3,991.42 feet West and running by azimuths measured clockwise from true South: 1. 294° 00' 528.00 feet along Grant 901 to Kapaa; 2. 297° 18' 412.00 feet along Grant 901 to Kapaa; 3. 29° 31' 400.00 feet along Lot 4-A-2; 4. 0° 40' 95.00 feet along Lot 4-A-2 to a point in the middle of Pohakunanaka Stream; thence following the middle of Pohakunanaka Stream along R.P. 4475, L.C. Aw. 7713 Apana 17 to V. Kamamalu in all its windings for the next three (3) courses, the direct azimuths and distances being: 5. 138° 14' 23" 393.73 feet; 6. 107° 22' 18" 376.99 feet; 7. 150° OS' S4" 297.57 feet; 8. 213° 20' 218.53 feet along Grant 902 to Asa Clazk to the point of beginning and containing an azea of 10.000 Acres. All as shown on the map attached hereto, mazked 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 effective date of the zoning shall be when the required water commitment payment is submitted to the Department of Water Supply in accordance with its Watet Commitment Guidelines Policy. C. The applicant shall not apply for a water variance. D. The applicant, its 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. E. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of compliance with Condition B. F. In conjunction with Final Subdivision Approval, the applicant shall submit a flood study prepared by a licensed professional engineer. -2- G. Prior to Final Subdivision Approval, roadway improvements to Laukaha Street i n ~ F 1.,.r n..r I:m'mA to mvmm~nt r.P.r..^..^,~tn~~tinn Jllall UC l:UI1JlI11laCU ~VnSiStiitg ~i, vua uva ,uaaiwu v, y and widening, and drainage improvements, all within a minimum 50-foot right- of-way. The applicant shall provide roadway improvements from Kaiwiki Road, along Luakaha (Wailua) Street, up to and along the entire subject property, meeting with the approval of the Department of Public Works. Should Aikane Loop Road be used as an access to the subdivision, improvements shall include, but not be limited to, a pavement width of 8 feet and drainage improvements, all within a 20-foot right-of-way. H. Install street lights, signs and markings meeting with the approval of the Department of Public Works. I. All new wastewater systems for each proposed lot within the subject property shall comply with the State Department of Health. J. Should any remains of historic sites, such as rock walls, terraces, platforms, or human burials be encountered, work in the immediate azea shall cease and the State Departrnent of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance from the DLNR-HPD when it fords that 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 assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. -3- L. Comply with all other applicable laws, rules and regulations and requirements of the Department of Water Supply and other affected agencies for the development of the subject property. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Duector 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 aze not the result of their fault or negligence. 2. Granting 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 reason for the granting of the change of zone. 4. The time extension granted shall be for a period of 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). N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ _ CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFcRcNCE: Comm. 23 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- R5-7. tRVF' N~Rt~a A - ZOe A - 10 RS-7. A - 20a 9,464.52 N RS 7 3,991.a2 w RS - 7. "HALM" m h' A-3• i i i i A - 20a ( ~ PMW`U~ ST. - 7, A -3s I A - 20a ~ $T. Wp~(AV'n ~ - 7. I ~ ~ A -3e ( A - 20a A - ZO i ( ( i i ~ i A - ZOa AGRICULTURAL (A-20a) o TO FAMILY ERs AGRICULTURAL (FA-ta) y ~ AREA: 10.000 ACRES A -3a A - 20a A - ?Oa c A - 20a s ~o AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-34 (PAPAIKOU - ONOMEA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROIJ~ AGRICULTURAL ~A-20a) TO FAMILY AGRICULTURAL (A-ta) AT WAINAKU, SOUTH HILO, HAWAII, PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-6-t3. t NOVEMBER 14, 1998 II ~,~~,~(III (P 1(IERKIEWI~$~ ILA EXHIBIT "A"