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Home My WebLink AboutBIL 113 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 113 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) AND RESIDENTIAL (RS-15) TO RESIDENTIAL AND AGRICULTURAL (RA-.Sa) AT PUUKAPU, WAIMEA, SOUTH KOHALA ,HAWAII, COVERED BY TAX MAP KEY 6-4-01:124 AND PORTION OF 140. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-11, 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 area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Residential and Agricultural (RA-.Sa): Parcel 1: All of that certain parcel of land, being Lot G-3, situated on the southeasterly side of Homestead Road at Puukapu, Waimea, South Kohala, Island of Hawaii, Hawaii, being a portion of Grant 4210 to Elizabeth W. Lyons; being also a portion of Lot G of the subdivision of Lot 53 of Puukapu Homesteads, 1st Series. Beginning at the north corner of this parcel of land, on the southeasterly side of Homestead Road, the coordinates of which referred to Government Survey Triangulation Station "West Base" being 80.89 feet north and 137.89 feet east and running by azimuths measured clockwise from true south: 1. 327° 30' 30" 546.14 feet along remainder of Grant 4210 to Elizabeth W. Lyons; 2. 70° 21' 133.93 feet along remainder of Grant 4210 to Elizabeth W. Lyons; 3. 149° 0T 500.70 feet along remainder of Grant 4210 to Elizabeth W. Lyons; 4. 229° 45' 117.61 feet along the southeasterly of Homestead Road to the point of beginning and containing an area of 64,707 square feet of 1.486 acres. Pazce12: All of that certain pazcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 4210 to Elizabeth W. Lyons) situate, lying and being at Puukapu, Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, being LOT F-4-B-1, same being a portion of Lot 53 of the "PUUKAPU HOMESTEADS, FIRST SERIES", and thus bounded and described as per survey of Jerry S. Nakagawa, Registered Professional Surveyor, dated February 23, 1981, to-wit: Beginning at a pipe at the south comer of this pazcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 358.62 feet south and 99.66 feet east and running by azimuths measured clockwise from true South: 1. 149° 07' 36.80 feet along Grant 8961, Apana 1 to Board of Hawaiian Evangelical Association to a pipe; 2. 239° 07' 50.00 feet along remainder of Grant 4210 to Elizabeth W. Lyons (along cemetery) to a fence comer post; 3. 149° 07' 50.00 feet along remainder of Grant 4210 to Elizabeth W. Lyons (along cemetery) to a fence corner post; 4. 59° 07' 35.00 feet along remainder of Grant 4210 to Elizabeth W. Lyons (along cemetery) to a fence corner post; 5. 149° 07' 101.00 feet along remainder of Grant 4210 to Elizabeth W. Lyons (along the northeasterly side of a 15-foot wide roadway); -2- 6. 243° 13' 127.69 feet along remainder of Grant 4210 to Elizabeth W. Lyons; 7. 329° 07' 197.00 feet along remainder of Grant 4210 to Elizabeth W. Lyons; 8. 67° 30' 125.70 feet along remainder of Grant 4210 to Elizabeth W. Lyons; 9. 59° 0T 18.00 feet along remainder of Grant 4210 to Elizabeth W. Lyons to the point of beginning and containing an area of 23,277 squaze feet, 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: A. The applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, 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 Rural District. C. 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 this ordinance. D. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director. -3- E. Access to the subject property from Mamalahoa Highway Road shall meet with the requirements of the Department of Public Works. F. Should any remains of historic sites, such as walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. G. The applicants shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision with the subject property, including the Department of Health H. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. I. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. 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 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. -4- 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). J. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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. SECTION 4. This ordinance shall take effect upon its approval. INTRO UCE BY: COUN IL M BER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: Ri:Fi:I~EtJCE: Comm. , 392 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- N A a A 5 a A- 5 a 137.E9 E A - e ~ A a 'wESf BASE' C ~ - ~ 5 D ~ t/ 1 A PARC A- I' A.- I, A- s a ~~J CV 5 4- >-Ia A-5a Co-7. A-5a O P-5a OHUROH RO az 8 0 ~ LV-~. ~ 99.68E n-viz 'WEST BASE' A A 5 a - 5 s as r° Kow°;nae C ` R5-~ 5 4-40a R5 O RS- C h o f; C N- 7 5 5 a CN - 1.5 P CN 9.5 M4 ~ N - ZO n Mq~HOq A- 4 0 a C N 7 5 ~ CV -7,5 LV -20 G~ ~I j R5 - 10 I+IGMIygy :u IO RS-7.5 R5 I CIS-~z cv.~ cn-re rO MOno4 A-40a u °R a.p w o ~ LN - ~.5 z LY 5 N ~a 4n qy ..O Ch-~ 5 A 5a CL -7.5 x A- 5a RS - I O ? Z I, O - A-40a o q'^'z R5-IO ~ _ RM -5 I •o D m ez to R'A -5 y PARCEL ~1• Rz .o AGRICULTURAL (A-5a) TO RESIDENTIAL AND A - sa AGRICULTURAL (RA-.5o) /H e 5~~ 0 A- 5 a AREA: 1.488 ACRES /w _ _ ~RS-10 C V- 7. 5 ! R M 5, Q ROq R 5- 1 O 7 1 Q F.. RA-la Y PARCEL 2: SINGLE FAMILY A . s. RESIDENTIAL (RS-15) TO RESIDENTIAL AND K4UlK~OULI AGRICULTURAL (RA-.Sa) AREA: 23,277 SQ. Fi. ROgO L V- 7 5 ,1 R A- l a R 5- 1 0 RS- O i AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO -PUUKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) AND AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-.5a) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-4-01:124 & POR. 140 JUNE 24, 1999 EXHIBIT "A'• (BERLIN)