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COUNTY OF HAWAII - e.F1'.: STATE OF HAWAII
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BILL NO. 66
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -11 (LALAMILO - PUUKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FORTY ACRES (A -40a) TO AGRICULTURAL - FIVE ACRES (A -5a)
AT PU'UKAPU, SOUTH KOHALA DISTRICT, HAWAII, COVERED BY TAX MAP KEY:
6 -4- 017:042.
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 Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Pu'ukapu, South
Kohala District, Hawai`i, shall be Agricultural - Five Acres (A -5a):
Beginning at a pipe at the Southeast corner of this parcel of land, on the Northerly
side of Mamalahoa Highway, the coordinates of which referred to Government Survey
Triangulation Station "EAST BASE" being 6046.70 feet North and 786.60 feet East then
running by azimuths measured clockwise from True South:
1. 76° 58' 149.90 feet along the Northerly side of Mamalahoa
Highway;
2. 166° 10' 1162.38 feet along the remainder of Grant 6857 to
John Cheseboro;
3. 76° 58' 149.90 feet along the remainder of Grant 6857 to
John Cheseboro;
4. 166° 10' 2014.62 feet along the remainder of Grant 6857 to
John Cheseboro to General Lease 3362 to
Anna L. Perry - Fiske;
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5. 256° 10' 299.80 feet along General Lease 3362 to Anna L.
Perry — Fiske to Grant 7222 to Frances
S.E.S. Kaaua;
6. 346° 10' 3181.20 feet along Grant 7222 to Frances S.E.S.
Kaaua to Point of Beginning and containing
17.88 Acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
C. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
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D. The driveway connection to the Mamalahoa Highway shall conform to
Chapter 22, Streets, of the Hawai`i County Code. No more than one lot will be
permitted to have a driveway taking direct access from the Mamalahoa Highway.
All other proposed lots shall be provided with access via a subdivision roadway
that meets the minimum requirements of Chapter 23, Subdivisions, Hawai`i
County Code and constructed in a manner meeting with the approval of the
Department of Public Works.
E. The applicant shall provide a 15 -foot wide future road widening setback along the
entire property frontage of Mamalahoa Highway.
F. The applicant shall provide a 50 -foot roadway and utility easement for the future
extension of Hauhoa Street to the western boundary of the property (adjoining
TMK: 6 -4- 017:43).
G. Restrictive covenants in the deeds of all the proposed lots shall give notice that
the terms of the zoning ordinance prohibit the construction of a second dwelling
unit and condominium property regimes on each lot. This restriction may be
removed by amendment of this ordinance by the County Council. The owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State of
Hawai`i 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 recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
H. All development generated runoff shall be disposed of onsite and not be directed
toward any adjacent properties.
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The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. 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 —
State Historic Preservation Division (DLNR -HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
K. The applicant shall comply with all applicable County, State and Federal Laws,
rules, regulations and requirements.
L. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
M. 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 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.
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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).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning 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.
SECTION 4. This ordinance shall take effect upon its approval.
TROD * ED BY:
wfr � "'' c r-1 .. ' / / /
COUNC] . MEMBE I T OF HAW • I`I
, Hawai`i
Date of Introduction: ___ .- - - - - -- -
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE' Comm: 257
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A - 4M SilliSIIIWOS‘ f401 s ..,
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NS► AGRICULTURAL -FORTY ACRES (A -40a) •° ,
TO AGRICULTURAL - FIVE ACRES (A -5 • : 1
0
17.88 ACRES TOTAL
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Ili 0 A -40a A • • Oa • "- WO W,W
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.: "EAST SASE
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Feet
0 250 500 1,000 1,500 2,000 2,500
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 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FORTY ACRES (A -40a) TO AGRICULTURAL - FIVE ACRES (A -5a)
AT PU'UKAPU, SOUTH KOHALA DISTRICT, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: 6 -4- 017:042 DATE: Feb. 08, 2011
EXHIBIT "A" Cynthia Foster
Map 1307