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Home My WebLink AboutBIL 237 Draft 01 1996-19980 O &' ORDINANCE NO 0 -oc�IAyy-> • BILL NO. 237 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 -3a) TO FAMILY AGRICULTURAL (FA -la) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-2:148. 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 Family Agricultural (FA -la): Beginning at the Northeast corner of this parcel of land on the Southerly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "EAST BASE" being 6,863.73 feet North and 2,716.87 feet East and running by azimuths measured clockwise from true South: 1. 3460 10' 445.85 feet along remainder of Grant 7402 to Piko Bell; 2. 760 10' 297.19 feet along remainder of Grant 7402 to Piko Bell; 3. 1660 10' 424.14 feet along remainder of Grant 7402 to Piko Bell; 4. 2100 00' 13.85 feet; thence along remainder of Grant 7402 to Piko Bell, on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: if ® 4 `', 1P • 5. 2530 50' 287.83 feet along the Southerly side of Mamalahoa Highway to the point of beginning and containing an area of 3.00 acres. 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 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 Agricultural District. C. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. 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. E. Access to the subject property from Mamalahoa Highway 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. F. The applicant, successors or assigns shall dedicate a portion of the subject property along the entire subject property's Mamalahoa frontage, if required by the County of Hawaii for future road widening improvements. IM f. G. 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 notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. H. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution for other facility impacts, the applicants may construct such facilities related to roads, park, fire, police and solid waste disposal facilities with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require -3- tD infrastructural impact contributions. 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 towards the requirements of the Unified Impact Fees 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: 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 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 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 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. -4- :: SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE, Comm. 828 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- /0011010 r �► i r r A -la A -5a A -40a N n W I ea u d, A- 5a m NA G N A -la IIS = I o I— o A -40a w C�- o I- U N A -40a ` N 0 A 6863.73 N 2716.87 E I A- I a C^ A "EAST BASE" A -40a '�, AGRICULTURAL (A -3a) TO FAMILY AGRICULTURAL (FA -1a) A -3a ` AREA = 3.00 ACRES A -40a ` A - A 0 a A -5a � y A -40a +` a 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 -3a) TO FAMILY AGRICULTURAL (FA -1a) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII s TMK • 6-4-2:148 APRIL .6, 1998 EXHIBIT "A" (GENESIS K. BELL)