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Home My WebLink AboutORD 2003-071 2002-2004 CO~JNTY OF HA~AI`_I STATE OF T IAWAI`~ BILL NO. 72 ORDINANCE NO. Q3 ?1 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 6-2-9:9. 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 a''/z inch pipe in concrete (found) at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Lot 11 of Kanehoa Subdivision (File Plan 1845) and being a point on the Northerly side of Ouli Street (Private Road), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,272.76 feet North and 11,371.72 feet West. and running by azimuths measured clockwise from True South: 1. 189° 52' 886.42 feet along Lot 11 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''/z inch pipe in concrete (found); 2. 274° O1' 40" 243.38 feet along the Southerly side of Kawaihae-Waimea Road (F.A.P. NRII 11-C) to apoint; -1- Thence, following along the Southerly side of Kawaihae-Waimea Road (F.A.P. NRH 11-C) on a curve to the right with a radius of 1,402.50 feet the chord azimuth and distance being: 3. 275° 12' S 1" 58.08 feet to a point; 4. 9° 52' 885.21 feet along Lot 7 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; 5. 94° Ol' 40" 301.57 feet along the Northerly side of Ouli Street (Private Road) to the point of beginning and containing an area of 6.104 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -2- B. The applicant, its 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. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. Access to the subject property from `Ouli Street shall meet with the requirements of the Department of Public Works. F. At the time improvements at the Route 19/`Ouli Street intersection are made by the Department of Transportation, the applicant, its successors or assigns 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. -3- 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-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. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies. 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. -4- 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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: C CIL MEMBER, COUNTY OF HAWAII Hilo ,Hawaii Date of Introduction: April 16, 2003 Date of 1st Reading: April 16, 2003 Date of 2nd Reading: May 7, 2003 Effective Date: May 13, 2003 :b~ci`~~Fr`~i'~ Co~arr......._l~$______.w -5- N A-40a W E AGRICULTURAL (A-5a) TO s A-4oa RESIDENTIAL AND AGRICULTURAL IRA•2a) AREA = 6.104 ACRES i pa ~ ~A Kawaihae Road 1 i - n_sa ASa ~ i I \ A-3a A-3a om A-sa i r j - _ - c ~ A_sa ~ i Y ~ i~ y A-sa ! I~ I A-Sa Aba ! ~ I~ I A-sa ane oa St. ' A-sa I ~ St eym ' ~ uliSt. ! o~ago ~ 4a j~~ ' ~ 11,272~76N ' ~ I -I j Kean j 113T~.72 W I I ' j - - ~ A-sa ~ ~ °PUU PA°® i I A-sa ~ I ~ A-sa i '~RA-2a ' ~ i~ i~ RP.-2a ~ i i~ I ASa ~ ~ ~ A-sa ~ I i i i Keanuiomano Stream - - L - A-sa A-sa 1,100 550 0 1,100 2,200 3,300 Feet ,0-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: 6-2-009:009 Date: January 24, 2003 EXHIEtIT "A" (Baldwin: 1082) OFFICE OF THE COUNTY CLEKK County of Hawaii Hilo ,Hawaii ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Dale Introduced: April 16, 2003 _ _ Arakaki X First Reading: April 16, 2003 Chung X Published: N/A _ Elarionoff X Holschuh X REMARKS: B/R _ Jacobson X Leithead-Todd X _ Reynolds X _ _ Safarik X Tyler X 6 0 3 0 Second Reading: May 7, 2003 _ ROLL CALL VOTE To Mayor: MaV 9 2003 AYES NOES ABS EX Returned: MaV 14, 2003 Arakaki X Effective: MaV 13, 2003 Chung X Published: ,°„May~8, 2003 Elarionoff X oC~ Holschuh X REMAR Z _ Jacobson X ~ - n Leithead-Todd X 7 7 Reynolds X ~z Safarik X E C..)0 Tyler X M~ 8 O 1 O 0 I DO HF,REI3Y CERTIFY that /he foregoing 13/I,L N~as crdop/ed fiy the C'ot~~~iy Cnttncil puhli.~~hed as indicated above. APPROVED AS TO ~ ~L! FORM AND LEGALITY: ~ 1 _ C~)EJUNCYL C'HAIRA'lAN DEPUTY CORPORATION COUNSEL ~ 4 COUNTY OF HAWAII COUNTY CLERK Date iC''s' 72 Bill No.: C-168/PC-27 ~3~r./ ~o, Reference: _ Approve Disapproved Ibri.e _ } ~3 Ord No.: ~1 YOR, ~%T~ Y' Of~' FIA [ t',4 /I