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Home My WebLink AboutORD 2001-019 2000-2002 L COUNTY OF HAW , _ ~ - TATE OF HAWAII - BILL NO. 14 (Draft 2) ORDINANCE NO. O1 19 AN ORDINANCE AMENDING SECTION 25-8-8 (UPOLU POINT - KAAUHUHU HOMESTEADS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO FAMILY AGRICULTURAL (FA-3a) AT KAHEI, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-1 122 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII• SECTION 1 Section 25-8-8, Article 8, Chapter 25 (Zoning Code) of the Hawatt County Code, is amended to change the district classification of property described hereinafter as follows• The district classtficaUon of the following azea situated at Kahei, North Kohala, Hawatt, shall be Family Agricultural (FA-3a) Begtttning at the North corner of this pazcel of land, being also the West corner of Lot 23-B-1, being also a portion of Grant 4818 to Peter R Nelson, on the South side of a Government Road, the coordinates of winch referred to Government Survey Triangulation Station "PUU O NALE" being 3,229 48 feet North and 4,846 06 feet East, and running by azimuths measured clockwise from true South 1 319° 17' 962 80 feet along Lots 23-B-1 and B, along Grant 4818 to Peter R Nelson, 2. 319° 02' 410 94 feet along Land Court Appltcatton ] 788, 3 76° 45' 439 30 feet along Lot 8-E-3 (map 10) of Land Court Application 1122, 4 171° SS 15" 138 80 feet along Lot 8-C-2 (map 14) of Land Court Application 1122, 5 76° 45' 210 26 feet along Lot 8-C-2 (map 14) of Land Court Appltcatton 1122, 6 139° 16' 27 15 feet along Grant 4817 to Manuel Assencao, 7 182° 11' 587 15 feet along Lot 8-E-1 (map 10) of Land Court Application 1122, 8 229° 17' 60 00 feet along Lot 8-E-1 (map 10) of Land Court Application ] 122, 9 139° 17' 466 62 feet along Lot 8-E-1 (map 10) of Land Court Application 1122, 10 78° 00' 8 96 feet along Lot 8-E-1 (map 10) of Land Court Application 1122, 11 198° 00' S6 00 feet along the Southerly side of a Government Road to the point of beguimng and containing an area of 6 473 Acres All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof SECTION 2 This change m d~stnct classification ~s conditioned upon the following A The applicants, successors or assigns shall be responstble 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, Hawaii Revised Statutes, relating to perrmssible uses wrthm the State Land Use Agncultural Distnct C Final Subdivision Approval of the proposed subdivision development shall be secured wrthm five (5) years from the effective date of this change of zone ordinance -2- D. Drainage improvements, if regwred, shall be constructed meeting with the approval of the Department of Public Works m conjunction ~th the issuance of Final Subdrvis~on Approval E The wastewater treatment and disposal system shall be designed rn accordance with the requirements of the Department of Health F Should any remains of histonc saes, such as rock walls, terraces, platforms, manne shall concentrations or human bunals, be encountered, work m the immediate azea shall cease and the Department of Land and Natural Resources- Histonc Preservation Drvis~on (DLNR-HPD) shall be immediately notified Subsequent work shall proceed upon an azchaeological cleazance from the DLNR- HPD when it finds that sufficient m~tigatrve measures have been taken G Restnctrve covenants in the deeds of all the proposed residential lots within the subject property shall prohibit the construction of a second dwelltng utut 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 instrument executed by the applicant and the County 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 it receipt from the Bureau of Conveyances H Access to the subject property shall be designed m accordance with Chapter 22 of the Hawaii County Code and meet with the approval of the Department of Public Works -3- I Should the Council adopt a Unified Impact Fees Ordinance setting forth cntena for ~mposthon of exacUOns or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance J Comply with all applicable laws, rules, regulations and requtrements of affected agencies for approval of the proposed development w~thtn the subJect property K An in~rial 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 condirions that could not have been foreseen or aze beyond the control of the applicants, successors or assigns, and that aze not the result of their fault or negligence 2 Granting of the hme extension would not be contrary to the General Plan or Zoning Code 3 Grantrng of the rime extension would not be contrary to the onginal reasons for the grantrng of the change of zone. 4 The ume extension granted shall be for a penod not to exceed the penod ong~nally granted for performance 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 -4- Planning Director 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 property to its original or more appropnate 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 i - ~ - CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawazi Date of Introduction' January 24, 2001 Date of 1st Reading January 24, 2001 Date of 2nd Reading February 5, 2001 Effective Date February 13 , 2001 APPROVED AS TO FORM AND LEGALITY /1~y~~/~C CORPORATION UNSEL DATED Fc.biA~wi a"`1', -5- 9 A-20a 3 ~o P-zOa I A-5a C A-10a aj ~o F, 3,229 4$ N '~Joa~ p 4,$46 O6 E °J' SOP "PUU O HALE" ~ J ~p < A - 20a J~ A - 70a 1' KOHALA ~P A-5. J Rio Kamuelo MT RD •RpgO A-~. P-zo, ~ ~ P,-3a P~NA J1 ~OqO -_KYNNERSL Y = A 20a - - A-20e A -'~a A-ja A-20e A~Sa A-3e A-3a AGRICULTURAL (A-5a) TO FAMILY AGRICULTURAL (FA-3a) AREA: 6,473 ACRES ~ A-ZOe I ~ A-5a I A-20a O K A-3a ~ P-7a A-ZOa ~ A-'~a A-5a A-20a A-5a A-20e A-1e o I ROAD ? A-5a A-7a Q Y A-20a A-20~ A-20a ~ A-Da \ A-5a A-70e HOMESTEAD A-70a A-20a \ / \ P - 20a AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-8 (UPOLU POINT - KAAUHUHU HOMESTEADS ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO FAMILY AGRICULTURAL (FA-3a) AT KAHEI, NORTH KOHALA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 5-5-1122 NOVEMBER 14, 2000 EXHIBIT „Are (RO6ERT B VIRGINIA HARPOVICH) OFFICE OF THE COUNTY CLERK County of Hawatt x•lo ,Hawau ;Draft 2) ROLL CALL VQ ~ ~I+rYE NOLS' S EX Introduced By: Bobby Jean Leithead-Todd (b/r) prakyk~ Datelntroduced January 24, 2001 Chung X First Reading January 29, 2001 Elanonoff X Publ~slted N/A Jacobson X Leithead-Todd X RE4i9Rti5 ~ P~sicctuo X Safank X Tyler X Yagong ~ X 9 0 0 0 SecondReadmg February 5, 2001 ROLL CALL VOTE To Mayor February 8, 2001 AYES NOES ABS EX Returned February 13 , 2001 Arakalu X Effective February 13 , 2001 Chung X Published February 26, 2001 Elanonoff X Jacobson X REL/;1RtiS ' Lerthead-Todd X P~s~cchio X Safank X ' Tyler X Yagong X 9 0 0 0 I DO IIEREBY C ERTIFY that the foregoing BILL was adopted by the County C'orn:cil published as indicated above APPROVED AS TO , FORM AND LEGALITY: ~ DEPUTY COR~ION COUNSEL COUNTY OF HAWAII Lw'C'IL CFIAIR4IA•1' Date r*%+~~'.~i 9. :'~T}" CLERK 4pprov t•Diropprnvedth~~ I3~- day „f F•k~ , ~oo_~ ~~LN.~ Bi11No 14 (Draft 2) MA}'OR,~C'OIP,1-'TI'OFHAWAIl Reference C-47/PC-6 Ord No ~l 1