HomeMy WebLinkAboutRES 343 Draft 01 1994-1996COUNTY OF HAWAIt._ `STATE OF HAWAII
RESOLUTION N0343 98
RELATING TO THE CLARIFICATION OF THE WATER CONDITION IN CHANGE OF
ZONE ORDINANCES
WHEREAS, a number of zoning ordinances were approved with the effective date of
zoning contingent upon the following or very similaz requirements:
"(1) when the applicant provides assurance satisfactory to the Departments of Water
Supply and Planning, upon consultation with the State Department of Health and
the Department of Land and Natural Resources, that a water source(s) of sufficient
quality and quantity has been established within two years from the enactment of
this ordinance; provided that a maximum one-yeaz extension may be granted by
the Planning Director with reasonable and sufficient justification;
(2) an agreement, together with the appropriate bond, surety or other security deemed
acceptable by the Planning Director, is executed between the applicant and the
County through its Departments of Water Supply and Planning for the actual
development of a proven source and its water transmission and distribution
system within one yeaz from the official date of compliance with Condition_(1);
provided that aone-yeaz extension may be granted by the Planning Director with
reasonable and sufficient justification"; and
WHEREAS, the following ordinances were adopted containing these provisions:
Ordinance No. 92-40 (Kohala Joint Venture), Ordinance No. 92-65 (Pazker Ranch), Ordinance
No. 93-01 (Puako Hawaii Properties), Ordinance Nos. 93-26 and 94-34 (Gamrex), Ordinance No.
93-45 (Nansay Hawaii), Ordinance No. 93-66 (Liliokalani Trust), Ordinance No.93-109
(Chalon), Ordinance No. 94-20 (Nansay Hawaii-Ouli), Ordinance No. 94-78 (Speaz
Development), Ordinance No. 95-70 (Kealakekua Development), and perhaps others; and
WHEREAS, such provisions were intended to ensure, prior to the vesting of a new zone
district designation, the:
(1) existence of a reliable, sufficient source of water for the proposed uses; and
(2) development of such water source and any transmission and distribution system
necessary to supply such water to the subject property for the uses allowed in the
new zone district; and
WHEREAS, the council Finds that in those instances where the required source of water
is proven to be located within the property which is the subject of such zoning ordinance, the
ordinance requirement of executing an agreement between the applicant and the county to ensure
the development of the water transmission and distribution system to such property is rendered
moot, as no transmission and distribution system is needed to provide the required water to the
subject property; and
WHEREAS, the Planning Director has requested such clarification regazding the intent of
the above cited requirement when applied to the development and supply of a water source
within the property subject to the change of zone ordinance; and
WHEREAS, the council recognizes that it may be appropriate to clarify and affirm that
the above cited requirements were not intended and do not apply as to the assurance of a water
transmission and distribution system in those instances where the water source is proven within
the applicant's subject property.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the requirement for an agreement between the applicant and the County ensuring
the development of water transmission and distribution system was not intended to apply and
does not apply in the above-cited ordinances and in ordinances containing similar provisions
when the established water source is located within the property subject to such change of zone
ordinance, except where such ordinance may explicitly provide otherwise.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of
this resolution to the Honorable Stephen K. Yamashiro, Mayor of Hawaii County, Kevin M.
Balog, Planning Commission Chairman, Virginia Goldstein, Planning Director, Richazd
Wurdeman, Corporation Counsel, and Milton Pavao, Department of Water Supply Manager.
Dated: Hilo, Hawaii, this 3xx3 day of July , 1996.
INTRODUCED BY:
COUNCIL MEMB R, CO OF HAWAII
COU
Coi
I hereby certify that the fo
vote indicated to the right
the County of Hawaii on
ATTEST:
NTY COUNC R OLL CAL L VOTE
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,nty of Hawaii
AYES
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regoing RESOLUTION was by the ~~' X
hereof adopted by the COUNCIL of ~ I'"~ X
July 3, 1996 DO`n"'g° X
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j~~~il//i~~/h- Reference C-1197.01 PC-130
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3 9