HomeMy WebLinkAboutORD 1999-152 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 1 s s
ORDINANCE NO. 152
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) TO
VILLAGE COMMERCIAL (CV-7.5) AND FAMILY AGRICULTURAL (FA-3a) AT
PLJLJKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-4-6:85.
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 azea situated at Puukapu, Waimea,
South Kohala, Hawaii, shall be Village Commercial (CV-7.5):
Parcel 1:
Beginning at the Northwesterly corner of this pazcel of land, being also the
Southwesterly comer of Lot F, the Southeasterly comer of Lot 3 and the Northeasterly
comer of Lot 5 of Kinohou Subdivision (File Plan 1839), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "WEST BASE" being
937.02 feet South and 1,343.42 feet East and running by azimuths measured clockwise
from True South:
Thence, for the next three (3) courses following along the remainders of Lots 5
and 7 of the Puukapu Homesteads, First Series and Grant 4638 to Estate of
Mrs. Helen Johnson:
1. 250° 21' 369.76 feet along Lots F and 4 to a point;
2. 329° 0T 187.19 feet along Lot 2 to a point;
3. 58° 34' 44" 362.69 feet along the remainder of Lot 1 to a
point;
4. 149° 07' 262.63 feet along Lots 9, 6, and 5 of
Kinohou Subdivision (File Plan
1839) and along Grant 4661 to J.
Watt and D. Forbes to the point of
beginning and containing an area of
1.873 Acres.
The district classification of the following azea situated at Puukapu, Waimea,
South Kohala, Hawaii, shall be Family Agricultural (FA-3a):
Parcel 2:
Beginning at the Southwesterly corner of this parcel of land, being also the
Northwesterly comer of Lot 3 and being a point on the Easterly end of Kinohou Street,
the coordinates of said point of beginning referred to Government Survey Triangulation
• Station "WEST BASE" being 1,465.52 feet South and 1,659.51 feet East and running by
azimuths measured clockwise from True South:
1. 149° 07' 353.18 feet along the Easterly end of
Kinohou Street, along Lots 13, 10
and 9 of Kinohou Subdivision (File
Plan 1839) and along Grant 4661 to
J. Watt and Dr. Forbes to a point;
Thence, for the next five (5) courses following along the remainders of Lots 5 and
7 of the Puukapu Homesteads, First Series and Grant 4638 to Estate of Mrs. Heten
Johnson:
2. 238° 34' 44" 362.69 feet along the remainder of Lot 1 to a
point;
3. 329° 07' 26.73 feet along Lot 2 to a point;
4. 320° 40' 341.54 feet along Lot 2 to a point;
5. 70° 21' 58.09 feet along Lot 3 to a point;
6. 58° 34' 44" 355.90 feet along Lot 3 to the point of
beginning and containing an azea of
3.129 Acres.
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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, its successors or assigns, shall be responsible for complying with
all conditions of the change of zone ordinance.
B. 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.
C. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
D. Prior to commencing construction in the Village Commercial zoned area, Final
Plan Approval for the proposed commercial development shall be secured from
the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code.
Plans shall identify the proposed structures, vehicular traffic, paved driveway
access and parking stalls associated with the proposed use. Landscaping shall
comply with the Planning Depaztment's Rule No. 17 relating to Landscaping
Requirements for the purpose of mitigating any adverse noise or visual impacts
to adjacent properties.
E. Commercial access to the subject property shall be from Mamalahoa Highway
and shall meet with the requirements of the Department of Public Works. The
entrance roadway sight distance shall meet the requirements of the Statewide
Design Manual.
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F. Should the road improvements under the terms of Condition E qualify as an
ISTEA (federally funded) project, in lieu of the actual construction, the
applicant shall deposit with the County an amount equal to the cost of
construction. The amount shall include apro-rata share of the development
costs and shall be paid in a manner meeting with the approval of the Finance
Director and the Chief Engineer prior to the issuance of Final Subdivision
Approval.
G. A landscaping buffer plan shall be provided along the west boundary adjoining
Kinohou Subdivision and submitted to the Planning Director for review and
approval, prior to the issuance of Final Subdivision Approval or Final Plan
Approval, whichever occurs first.
H. A Drainage Study, if required, shall be prepared and submitted for review and
approval to the Depaztment of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
I. A Solid Waste Management Plan for the proposed development within the
subject property shall be prepared and submitted for approval to the Department
of Public Works prior to securing Final Subdivision Approval or Final Plan
Approval, whichever occurs first. A copy of the approved plan shall be
submitted to the Planning Department for its files.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
mazine 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
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notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigative measures have been
taken.
K. Should the Council adopt a Unified Impact Fee Ordinance setting forth criteria
for the imposition of exactions or assessments of impacts fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fee Ordinance.
L. Comply with all other applicable laws, rules, regulations and requirements of
the affected government agencies for the proposed development.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the 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 applicant, 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 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).
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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.
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 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.
INTRODUCED BY:
_ ~ ,
` COIJI'~CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 17, 1999
Date of 1st Reading: Novanber 17, 1999
Date of 2nd Reading: Decanber 1, 1999
Effective Date: December 10, 1999
506
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APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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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-5a) TO VILLAGE COMMERCIAL (CV-7.5) AND
FAMILY AGRICULTURAL (FA-3a) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-4-06:85 SEPTEMBER 24, 1999
EXHIBIT ~A° (HPM BUILDING SUPPLY)
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
C
ROLL CALL VOTE
J f ~ Y NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki X
Date Introduced: November 17, 1999 Ch ng X
First Reading: November 17, 1999 Elanoribff" "X•
Published: N/A Jacobson X
Leithead-Todd X
REMARKS Pisicchio X
Smith X
Tyler X
Yagong X
9 0 0 0
Second Reading: December 1, 1999 ROLL CALL VOTE
To Mayor: Decatber 6. 1999 AYES NOES ABS EX
Returned: Decanter 10, 1999 Arakaki X
Effective: Decenber 10, 1999 Chung X
Published: Decanter 20, 1999 Elarionoff X
Jacobson X
REMARKS:
Leithead-Todd X
Pisicchio X
Smi[h X
Tyler X
Yagong X
9 0 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII C CHA/RMAN
Date GEC; jggg
COU CLERK
ApproverUBiaepprea~ed[hrs ~U day
of DecR~ Cl~`c 19~.
e Bill No.: 158
r
MAYOR, CO NTYOFHAWAII Reference: C-506 C-67
Ord. No.: