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Home My WebLink AboutBIL 112 Draft 01 2012-2014 COUNTY OF HAWAII �. -.,../. STATE OF HAWAI I BILL NO. 112 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a) AT PU'UKAPU HOMESTEADS 2ND, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-018:087. 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 Homesteads 2nd, South Kohala, Hawaii, shall be Family Agricultural—Two Acres (FA-2a): Beginning at the Northwest corner of this parcel of land on the Southerly side of Mamalahoa Highway, being also the Northeast corner of Grant 7864 to William K. Notley, the coordinates of which referred to Government Survey Triangulation Station "East Base"being 5,592.3 feet North and 2,528.3 feet West and running by azimuths measured clockwise from true South: 1. 256° 58' 240.27 feet along the Southerly side of Mamalahoa Highway; Thence along remainder of Grant 8368 to S. G. Kaimuloa, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 301° 34' 28.09 feet; -1- 3. 346° 10' 816.64 feet along remainder of Grant 8368 to S. G. Kaimuloa; 4. 76° 10' 260.00 feet along remainder of Grant 8368 to S. G. Kaimuloa; 5. 166° 10' 840.00 feet along Grant 7864 to William K. Notley (being also Lot 94, Puukapu Homesteads, 2°1 Series) to the point of beginning. Containing an area of 5.001 acres, or thereabouts. 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 applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. -2- C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. The applicant shall comply with all requirements in the Department of Water Supply's April 10, 2013 letter, including the construction of all necessary water improvements prior to final subdivision approval. A reduced pressure type backflow prevention assembly shall be installed within five (5) feet of the meter(s) on private property. The installation of the backflow prevention assembly(s) shall be inspected and approved by the Department of Water Supply prior to commencement of water service. D. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. E. 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 regime on the newly created vacant 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. F. Direct vehicular access to the individual lots from the Mamalahoa Highway shall be limited to the single access driveway servicing the `ohana dwelling constructed in 1989. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. -3- H. The method of sewage disposal shall meet with the requirements of the State Department of Health. 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. J. 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 Fees Ordinance. K. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. 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, 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- 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 Planning Commission and 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. INTRODUCED BY: COUNCIL MEMBER,COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm, 392 -5- wrk A-40a A 40a *U41 U PC 77 1a MP�P`kac�A N Ala 5,592.3'N 2,528.3'W "East Base" A-5a A-5a A-5a A-5a • A-5a A-5a AGRICULTURAL-FIVE ACRES(A-5a) TO FAMILY AGRICULTURAL- TWO ACRES(FA-2a) 5.001 ACRES TOTAL N s��t^ A-5a A-la A-5a Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL -TWO ACRES (FA-2a), AT PU`UKAPU HOMESTEADS 2ND, SOUTH KOHALA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMKS:(3)6-4-018:087 DATE:MAR 18,2013 EXHIBIT "A" Douglas Dick and Ruth Dick Mao 1334