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Home My WebLink AboutORD 2001-081 2000-2002 COUNTY O~ I-i~.Ws`I ST~T~, O~ I-i~.WAI`I SILL NO. 80 (Draft 2) OIZ.DINANCE NO. ~ AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF TIIE 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 corner 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-1IPD when it finds that sufficient mitigative measures have been taken. H. Restrictive covenants in the deeds of all the proposed residential lots within the sub~ect,~roperty shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenants) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for reviev~~ and approval prior to the issuance of Final Subdivision Approval. A copy of the a prp owed covenant(s~ shall be recited in an instrument executed by the applicant and the County Planning Director and recorded with the Bureau of Conveyances for any portion of the subject proaperty. A cop~of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conve aces. [H]I. 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]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. [J]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 are beyond the control of the applicant, its successors or -3- assigns, and that are not dle 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 year may be 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]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 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C~OUI~CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: August 29 , 2001 Date of 1st Reading: August 29 , 2001 Date of 2nd Reading: September 12, 2001 Effective Date: September 2 4 , 2 0 01 ic;~rER~I.'~.;~. ~~r~o. Z .4..,, APPROVED AS TO FORM AND LEGALITY -~,~.r~ coRPORATIO o ~ EL DATED: a/ -5- A-40a O ~ ~ A-40a ~ II O F Ltl ~ d A-ROa ~ N A-3a A-3a A-3a To KOWOihoe PL- A-5a / kA-2a Wq~,~fq ~o KA K,glygE A - 3 a a ~ ~o`o Q A-5a ROq~ k Ar! z a kA-za I A-5a ~ 1 kA-2a t t _ A-5a t 1 _ 1 KANEHOA t I~r~ A 5 a t\ i 1 1 ,234.61 N t 16.616.21 W kA-2a (1 _ _ _ tt "PUU PA" ~ ~ ~ /r~ ~ 54R E A-5a t\ A - 5 a -r..~ kA-2a y s l ~ kA-2a A-5a A-5a S ~ A-5a - - - ago" ~ ~ --ti' ~~~oF ,~~ea -,lea 9 AGRICULTURAL (A-5®) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) A-5a A-5a AREA = 5.204 ACRES ~G,~l__'_,__ ~w/ Walkoloa__,_.--- - - - ~ I~ ~ III AMENDING SECTION 25-8®7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE ~IAP) ARTBCLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 8Y CHANGING THE DISTRICT CLASSIFICATION I: ROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRBCULTURAL (RA-2®) AT OULI, SOUTH KOHALA, HAWAII. PREPARED RY: PLANNING DEPARTMENT COUNTY ®F HAWAII TMK 6-2-11:23 JUNE 20, 2001 ~v~a~'T (MIGNANELLI FAMILY TRl1ST) OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii (DRAFT 2 ) ROLL CALL. VOTE Introduced By: Bobby-Jean Leithead-Todd AYES NOES.. ABS EX Date Introduced: August 2 9, 2 0 0 1 Arakaki X First Reading: August 29, 2001 Chung X Published: Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 7 1 1 0 Second Reading: September 12, 2001 ROLL CALL VOTE To Mayor: SenteTxlbE'r 14; 2001 AYES NOES ABS EX Returned: September 25, 2001 Arakaki X Effective: September 24, 2001 Chung X Published: October 7 , 2001 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO / ~ FORM AND LEGALITY: O N~~'/L CHA/RMAN acr~•~~ EPUTY RPO~ATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date_ o 80 (Draft 2) Bill No.: C-279.1/PC-33 pprove Disapproved this day Reference: of ~j__~ f MA YO~~ R, C: UUNTY OF HA WAII