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Home My WebLink AboutBIL 293 Draft 01 1998-2000 COLJll~TY OF IiAWAII STATE OE I-IAWAII ~~LY. 1lIC~. 293 C7RD31VANC~ 1\f 0. _ 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-40a) TO AGRICULTURAL (A-Sa) AT LANIKEPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-1:91. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-I 1, 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 Lanikepu, Waimea, South Kohala, Hawaii, shall be Agricultural (A-Sa): Beginning at the Northwesterly comer of this parcel of land, on the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A, the coordinates of which referred to Government Survey Triangulation Station "PUU PA" being 14,921.49 feet North and 607.66 feet West and conning by azimuths measured clockwise from Tme South: Along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A, on a curve to the left with a radius of 426.20 feet, the chord azimuth and distance being: 1. 269° 03' 21" 263.25 feet thence; 2. 251° 04' 1.60 feet along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A; 3. 274° 00' 180.00 feet along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A; -1- 4. 290° 30' 221.70 feet along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A; 5. 307° 02' 274.50 feet along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A; thence along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A, on a curve to the left with a radius of 440.30 feet, the chord azimuth and distance being: 6. 296° 39' 30" 158.59 feet. thence; 7. 286° 17' 440.30 feet. along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A; thence along the Southerly side of Kohala Mountain Road, F.A.P. No. E-11-A, on a curve to the right with a radius of 570.00 feet, the chord azimuth and distance being: 8. 289° 42' 67.94 feet thence; 9. 314° 11' 89.00 feet. along Deed: State of Hawaii to Jesse E. Blackwell and Cynthia G. Blackwell, dated March 24, 1975 and recorded in Liber 10554, page 92, to the middle of Lanikepu Gulch; thence along the middle of Lanikepu Gulch for the next four (4) courses, the direct azimuths and distances between points along said middle of gulch being: 10. 17° 33' 30" 73.87 feet along Grant 15231 to Jesse E. and Cynthia G. Blackwell (C.S.F. No. 16941); -2- 11. 29° 40' 165.60 feet along Grant 13,706 to Richard Smart; 12. 89° 10' 620.00 feet along Grant 13,706 to Richard Smart; 13. 50° 19' 30" 240.98 feet along Grant 15,228 to Bruce A. Tegman, et al., thence; 14. 70° 15' 571.79 feet along Grant 13,706 to Richard Smart and Government Land (along Lots 50 and 51 of Lalamilo House Lots, Second Series); 15. 83° 10' 354.45 feet along Government Land (along Lots 51 and 52 of Lalamilo House Lots, Second Series); 16. 190° 30' 955.00 feet along the Land of Ouli, along R.P. 2237, L.C. Aw. 8518-B, Ap.l to James Young Kanehoa; 17. 197° 02' 42" 213.13 feet along the Land of Ouli, along R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa, to the point of beginning and containing an area of 27.17 Acres, 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: 1. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -3- 2. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Cornmitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. 3. 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 this ordinance. 4. Access to the subject property from Kohala Mountain Road shall meet with the requirements of the State Department of Transportation. 5. Roadway and access to all lots within the proposed subdivision shall meet with the approval of the Department of Public Works. 6. A drainage study shall be prepared and submitted to the Department of Public Works for its review and approval, and the recommended drainage system, if required, meeting with the approval of the Department of Public Works shall be constructed in conjunction with Final Subdivision Approval. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 7. The applicant shall conform to Chapter 27, Flood Control, of the Hawaii County Code. The applicant shall submit a flood study, prepared by a licensed professional civil engineer, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval. 8. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. -4- 9. Restrictive covenants in the deeds of all proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County of Hawaii through the Planning Director, and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. 10. An Archaeological Inventory Survey Report, Archaeological Data Recovery Plan and Preservation Plan shall be submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD). The Preservation Plan shall include an interpretation/mitigation plan, which shall include buffer zones, signage and long-range preservation measures. Proposed mitigation treatment (preservation in place or disinterment/reinterment) for the burial site within the subject property shall be approved by the State Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for this site. A copy of the approved Final Archaeological Inventory Survey Report, Final Archaeological Data Recovery Plan and Preservation Plan, including an approved Burial Treatment Plan, shall be submitted to the Planning Director prior to Final Subdivision Approval or prior to any approvals for any land alteration permits, whichever occurs first. 11. Should any remains of historic sites, such as rock 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 -5- notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 12. Comply with all applicable laws, rules, regulations and requirements of affected agencies, including the State Depaztment of Health. 13. Should the Council adopt a Unified lmpact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. 14. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that aze not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. D. 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). -6- E. 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. 15. 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. 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: F~f~ective Date: EftENCt: Comm. $~j7 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -7- A - 90a ,A-90a A-40a 14,921.49 N 607.66 W "PUU PA"® k~Hq~ ,75 - lO AGRICULTURAL (A-40a) A - 4Oa A - 40a TD h o AGRICULTURAL (A-5a) o ~s-/o = AREA = 27.17 ACRES o re K°poy~ ° RS - lO ~5-/O 4 i WAI AIU P yW 1' Y ~Jr - l ~S_~ O A - 40a s~ A - la q ~ A -la ~5.1~ A-40a 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 AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT LANIKEPU, WAIMEA, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-2-01:91 JULY 5, 2000 EXHIBIT ~~A,• (K. R.S. DEVELOPMENT. INC.)