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Home My WebLink AboutORD 2001-002 2000-2002 ~Mi i °i ~S~ COUN'T'Y OF HAW ` ~ l~-•~ TATE OF HAWAII , ~4 Q BILL NO. 347 (Draft 2) ORDINANCE NO. 01 2 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 6-2-9 22 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 Hawazi County Code, is amended to change the distract classification of property described hereinafter as follows The district classification of the following area situated at Ouli, South Kohala, Hawazt, shall be Residential and Agricultural (RA-2a) Beginning at the Northeasterly comer of this pazcel of land, being also the Northwesterly comer of Lot 20 of Kanehoa Subdtvtston (File Plan 1845) and being a point on the Southerly side of Lot 30 (Roadway) of Kanehoa Subdinsion (File Plan 1845), the coordinates of sazd point of beginning referred to Government Survey Tnangulatton Station "PUU PA" being 11,329 15 feet North and 12,884 46 feet West and running by azimuths measured clockwise from True South 1 9° 52' 815 56 feet along Lot 20 of Kanehoa Subdivision (File Plan 1845) and along the remaznder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point, Thence, for the next two (2) courses following along the mtddle of Keanutomano Stream, in all of us meandenngs, the direct azimuths and distances being: 2. 91° 48' 03" 178 18 feet along Government Land (State of Hawazi) to a point, 3 61° 19' 151 65 feet along Government Land (State of Hawaii) to a point; 4 189° 52' 971 69 feet along Lots 26 and 25 of Kanehoa Subdivision (File Plan 1845) 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 three (3) courses following along the Southerly side of Lot 30 (Roadway) of Kanehoa Subdivision (File Plan 1845) 5 297° 00' 99 11 feet to a point, Thence, following on a calve to the left with a radius of 350.00 feet, the chord azimuth and distance being 6 285° 30' S0" 139 39 feet to a point; 7 274° O1' 40" 61 91 feet to the point of begiiuung and containing an area of 5 821 Acres All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof SECTION 2 This change in dtstnct 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 applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses wttlun the State Land Use Rural Distnct C The required water commitment payment shall be submitted to the Department of 2 Water Supply in accordance with its "Water Commitment Guidelines Policy" within mnety (90) days from the effective date of this ordinance D Final Subdiviswn Approval for the subdivision shall be secured within five (5) yeazs from the effective date of this ordinance E Access to the subject property from Kanehoa Street shall meet with the requirements of the Department of Public Works. F At the time unprovements at the Route 19/Kanehoa Street intersection are made by the Department of Transportation, the applicant shall pay their fazr shaze amount for the required improvements which will be determined by the Plamm~g Director in consultation with the Department of Transportation G. Should any rematns of histonc saes, such as rock walls, terraces, platfonns, manne shell concentrations or human bunals be encountered, work in the immediate azea 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 azchaeological clearance 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 pnor to the issuance of Final Subdivision Approval A copy of the approved covenant(s) shall be recited in an instnunent executed by the applicant and the County Plamm~g Director and recorded with the Bureau of Conveyances for any portion of the subject property A copy of the recorded document shall be filed 3 with the Planning Department upon its receipt from the Bureau of Conveyances I The applicant shall comply with all applicable laws, titles, regulations and requirements of affected agencies for approval of the proposed subdivision within the subJect property, including the Department of Health 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 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 aze beyond the control of the applicant, 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 yeaz may be extended for up to one additional year) 4 5 If the applicant should requee an additional extension of time, the Planning Duector shall submit the applicant's request to the County Council for appropnate 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 appropnate des~gnat~on 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 O CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction November 29, 2000 Date of 1st Reading: November 29, 2000 Date of 2nd Reading December 20 , 2000 Effective Date: January 2, 2001 APPROVED AS TO FORM AND LEGALITY L~st CORPORATION COUNS~ DATED /o/ 5 A - ~O• 2 g H- u~ ~ II O Z , A - ~O• ~ d yQ O O• A _ A - ~O• A - 5• aryl A - 5, ! p ~ A - 5• h 4r A- 5• I t 1,329 15 N A - 5• ! RA - 1• t 2,884 46 W "PUU PA"® A - 5. i !A -1. A - 5• A - 5• A- 5• UIOk,PNO E KERN ~ ~ = 5TR AM AGRICULTURAL (A-5a) A - 5. TO RESIDENTIAL AND AGRICULTURAL (RA-2a) ' - 5' AREA = 5.821 ACRES WAIKOLOA STREAM 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 rMK 6-2-09 22 SEPT 26, 2000 EXHIBIT "A° (~f1OREW KELSEY) OFFICE OF THE COUNTY CLERK County of Hawatt Hilo , Hawau (Draft 2) ri. - R V A O AB EX Introduced By: Bobby Jean Leithead-Todd (B/A) Arakala X Datelntroduced November 29, 2000 Chung X FirstReadmg November 29, 2000 Elanonoff X Published N/A Jacobson X Lenhcad-Todd , REMARKS Pisicchio X Snuth X Tyler 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 Arakala x Effective January 2, 2001 Chung X ~ Published January 16, 2001 Elanonoff X RE4IARKS Jacobson X Leithead-Todd X Pisicchio X Snuth X Tyler X Yagong X 7 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council pirbl~shed as indicated above APPROVED AS TO FORM AND LEGALITY: DEP TY CORPORATION COUNSEL COUNTY OF HAWAII C 'N IL CHAIRAfA;V Date ~w---~.~c.4 COC;~'7T CLERK Approi~e Disapprovedlhis 1-~ day of .;9,nufnH ,?per /f/, Bi11No 347 (Draft 2) Reference C-970.001/PC-123 MAYOR, COUN7YOFHAWAII Ord No OZ Z