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Home My WebLink AboutORD 2003-122 2002-2004 COUNTY OF HAWAII STATE ®F HAWAII BILL NO. 123 ORDINANCE NO. O$ 12'L AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL & AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:19. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, 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 Ouli, South Kohala, Hawaii shall be Residential and Agricultural (RA-2a): Beginning at the Northeasterly corner of this pazcel of land, being also the Northwesterly corner of Lot 18 of this subdivision and being a point on the Southerly side of Kanehoa Street, the coordinates of said point of beginning refer-ed to Government Survey Triangulation Station "PUU PA" being 10,998.56 feet North and 15,351.47 feet West and running by azimuths measured clockwise from True South: 1. 353° OS' 30" 649.45 feet along Lot 18 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; Thence, for the next four (4) courses following along middle of Keanuiomano Stream and along Government Land (State of Hawaii), the direct azimuths and distances being: 2. 70° 25' 25.63 feet to a point; 3. 65" 48' 222.25 feet to a point; -1- 4. 77° 27' 30" 105.55 feet to a point; 5. 97° 28' 40" 27.15 feet to a point; 6. 182° 06' 753.78 feet along Lot 20 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa to a point; Thence, following along the Southerly side of Kanehoa Street (Private Roadway) on a curve to the left with a radius of 1,600.00 feet, the chord azimuth and distance being: 7. 267° 35' 45" 251.30 feet to the point of beginning and containing an azea of 5.000 Acres. 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, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) 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(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -2- B. The applicant(s), its 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 Rural District. C. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property 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 Hawaii 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. E. There shall be no buildings constructed within the drainage easements. F. At the time improvements at the Route 19/Anekona Street or Route 19/Kanehoa Street intersection are made by the Department of Transportation, the applicant(s), its successors or assigns shall pay their fair share amount for the required improvements which will be determined by the Planning Director in consultation with the Department of Transportation. -3- 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(s) shall comply with all applicable laws, rules, regulations and requirements of affected agencies. I. 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. J. 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(s), 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. -4- 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 yeaz maybe extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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: ~ , COYJNCIL MEMBER, COUNTY O HAWAII Hilo , Hawaii Date of Introduction: August 6, 2003 Date of 1st Reading: August 6 , 2003 Date of 2nd Reading: August 20, 2003 Effective Date: August 27, 2003 REFERE1vCE; Comm. 278 -5- OFFICE OP THE COUNTY CLERK County of Flawaii Hilo ,Hawaii RE(;'~ i`~ cD Introduced By: Bobby Jean Leithead-Todd ' A~~ 27RO~~C~. ATE Date Introduced: August 6, 2003 AYES NOES ABS EX First Reading: August 6, 2003 Arakaki X__ Published: N/A Chung X F.larionoff X REMARtiS: Holschuh X Jacobson X Reynolds X Safarik X fyler X 7 0 1 0 Second Reading: August 20, 2003 ROLL CALL VOTE To Mayor: AugUSt 21, 200° AYES NOES ABS EX Returned: At1gUSt 27, 2003 Arakaki X Effective: EltlguSt 27, 20n~ Chung X Published: Se~tanUer 7, 2009 Elarionoff X Holschuh X REM,4RKS' Jacobson X Reynolds X Safarik X Tyler X 7 0 1 0 1 DO HGRF.I3P C'ERT/FY (hal the fore~,roing BILL ti~~crs adop(ed by the C'ounl~~ Council published as rndica[ed ahove. APPROVED AS TO ~,~~2~`'~-I~(~ G~ FORM AND LEGALITY: Pc~.~~. ~ C()UN'll,C'H4/KHAN ~ . ~ , DEPUTY CORPORATION COUNSEL ~ `,a~ ~ ~ ~=~i COUNTY OF HAWAII ~ DEPUTY CO(/NT)' ('LERK Date A.'J6 ~ 7fr1-~~ Bill 123 Bill No.: t~ C-278/PC-99 4pprur~ !Disapproredlhi.c___c~1 dcn~ Reference: Ord Nn.: ~3 122 u,~n- v3 _ - Al"OR. 'O ~ TFOFHAWAII