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Home My WebLink AboutORD 2001-001 2000-2002 .~.~,r,~ a1s rr , ''~.'o _i?. . COUNTY OF HAW ~ ~'•i TATE OF HAWAII ,.;,;c;,. _f,~r..J~ M''r,~ . BILL NO. 345 (Draft 2) ORDINANCE NO. 01 1 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:28. 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 distract classification of property described hereinafter as follows The distract classification of the following area situated at Ouli, South Kohala, Hawaii, shall be Residential and Agncultural (RA-2a). Begiruung at the north corner of this pazcel of land, being the east comer of Lot 29 and on the southwesterly side of Easement " 22" (for road and utility purposes), being a portion of Lot 30, the coordinates of said point of beginning referred to Government Survey Tnangulation Station "PUU PA" being 10,803 21 feet north and 17,773 84 feet west, thence ninmng by azunuths measured clockwise from true South. 1 Following along Easement " 22" (for road and utility purposes), being a portion of Lot 30, along a curve to the left wrath a radius of 45 00 feet, the chord azimuth and distance being 298° 59' 46 69 2. 357° 44' 576 19 feet along Lot 27 to the middle of Keanuiomano Stream, Thence following along the middle of Keanuiomano Stream, with all its windings, the direct azimuths and distances for the next three (3) courses being -1- 3 74° 06' 10" 9 02 feet to a on boulder, 4. 81° 23' 30" 245 47 feet to a on boulder, 5. 76° 58' 20" 159 86 feet, 6 164° 06' 48" 325 33 feet along Lot 4, portion of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa; 7 230° 10' 30" 563 21 feet along Lot 29 to the point of beginning and containing an azea of 5 002 acres, more or less All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof SECTION 2 This change in distract classification ~s 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 applicant, successors or assigns shall be responsible for complying with all regwrements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses w~tlun the State Land Use Rural Distract C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" w~thm ninety (90) days from the effective date of this ordinance D Final Subdivision Approval for the subdrv~sion shall be secured ~+ntlun five (5) yeazs from the effective date of tlvs ordinance -2- E Access to the subject property from Kanehoa Street shall meet wtth the regwrements of the Department of Public Works. F At the tune improvements at the Route 19/Kanehoa Street tntersection aze made by the Department of Transportation, the applicants shall pay their farr shaze amount for the required inprovements which will be determined by the Planning Director m consultation ~th the Department of Transportation G Should any remains of lustonc sites, such as rock walls, terraces, platforms, manne shell concentrations or human bunals 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 cleazance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. H Restrictive covenants in the deeds of all the proposed residential lots within the subject property shall prohibit the construction of a second dwelling unit on each lot A copy of the proposed covenant(s) to be recorded with the 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 approved covenant(s) shall be recited in an instrwnent executed by the applicant and the County Planning Director and recorded with the Bureau of Conveyances for any portion of the subject property A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances I The applicant shall comply with all applicable laws, rules, regulations and regwrements of affected agencies for approval of the proposed subdivision within the subject property, including the Department of Health -3- J. Should the Council adopt a Unified Impact Fees Ordinance settuig forth criteria for Imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance K An initial extension of trine 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 aze beyond the control of the applicant, its successors or assigns, and that aze 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 onginal reasons for the granting of the change of zone 4 The time extension granted shall be for a penod not to exceed the period onginally granted for performance (i.e , a condition to be performed within one yeaz may be extended for up to one additional yeaz) 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 L. 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 onginal or more appropriate designation -4- 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 Thts ordinance shall take effect upon its approval INTRODUCED BY CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introductron November 29 , 2000 Date of 1st Reading November 29, 2000 Date of 2nd Reading December 20, 2000 Effect~veDate January 2, 2001 APPROVED AS TO F/ORM AND LEGALITY CORPORATION OUNSEL DATED: / -5- A-40e A-40a ~ ~ II O Z W A-7a ~ u ` A-3a ~ ~ P,-5a A-5e RA-2e A a A-5a A-la A-Sa A - 5 a r0 wo R A - 2 e °°s° aD .r'i; ~ i; ~ A-5a i ~~r I RA-2e A-la A-5a ~1~ ,~I 10,803 21 N 17,773.84 W I "PUU PA" ® A 5e RA-2• l iN RA-2e A-5a . - i 54rae~ i A-5s ' AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) ° T AREA = 5.002 ACRES i F i ° i a ' A-5a / R i y t i AMENDMENT TO THE ZONING CODE 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-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-2-1128 SEPTEMBER 25, 2000 EXHIBIT "A" " ~°"e"1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , HHwall (Draft 2) - . ROLL C V09'E ' N ES 5 EX Introduced Hy: Bobby Jean Leithead-Todd (B/R) prakala X Datelnmoduced November 29, 2000 Chung X ' FvstReadmg November 29, 2000 Elanonoff Published N/A Jacobson X Lelthead-Todd X RE4fARKS Pis~cchio X Smith X Tiler X Yagong X 7 1 1 0 SeCOndReadmg December 20, 2000 ROLL CALL VOTE To Mayor December 22,2000 AYES NOES ABS EX Returned January 3, 2001 Arakakl X Effective January 2, 2001 Chung X Published January 16, 2001 Elanonoff X Jacobson X REtfARKS Lelthead-Todd X P~suchio X Snuth X Tvler X Yagong X 7 1 1 0 I DO HEREBY CER77FY that the foregoing BILL was adopted by the ('ounty ('ouncrl published as tnd~cated above. APPROVED AS TO FORM AND EGALITY: D UTY CORPORATION COUNSEL ' COUNTY OF HAWAII / ~ C : 'CIL CHA/Rtf,9 V Date //Z~ / ~n-...~ COLi:4'T}' CLERK Approve D~sapprovedth~s day of J ~.u~J , zo ~ i B~11 No 345 (Draft 2 ) ~ Reference C-969/PC-121 MAYOR, C'OUN7YOFHAWAl1 ord No 01 1