HomeMy WebLinkAboutBIL 080 Draft 01 2000-2002 SILL N®. 80
®IZL~INANC~ NO.
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 AND AGRICULTURAL (RA-2a) AT OULI,
SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:23.
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 north comer of this parcel of land, being the east corner of Lot 24 and on
the southerly side of Road Lot "B", the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU PA" being 11,234.61 feet north and
16,616.21 feet west, thence running by azimuths measured clockwise from true South:
1. 286° 23' 40" 280.00 feet along Road Lot "B";
2. 16° 23' 40" 814.44 feet along Lot 22 to the middle of
Keanuiomano Stream;
3. 108° 30' 20" 259.85 feet to a on boulder;
4. 84° 07' 21.96 feet;
5. 196° 23' 40" 813.19 feet along Lot 26 and Lot 24 to the point of
beginning and containing an area of 5.204
acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district 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 within the State Land Use Rural District.
C. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
D. Final Subdivision Approval for the subdivision shall be secured within five (5)
years 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 improvements at the Route 19/Anekona Street intersection are made
by the Department of Transportation, the applicant 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.
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-
-2-
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 shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed subdivision within
the subject property.
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 maybe 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, 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.
-3-
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 maybe extended for up to one additional year).
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.
K. 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 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:
O CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
k1EFERE~ICEs ~o _ ? ~9
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AGRICULTURAL (A-5a) TO
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AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 8Y CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2®)
AT OULI, SOUTH KOHALA, HAWAII.
PREPARED 8Y: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-2-11:23 JUNE 20, 2001
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