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Home My WebLink AboutORD 2004-012 2002-2004 { b}: COUNTY OF HAWAI`rT of STATE OF HAWAII f a ~ `e ° ~ ~ ~ BILL NO. 195 ORDINANCE NO. 0~ ~2 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 6-2-11:34. 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 ofproperty described hereinafter as follows: The district classification of the following azea situated at Ouli, South Kohala, Hawaii shall be Residential and Agricultural (RA-2a): Beginning at the Southwesterly corner of this parcel of land, being also the Southeasterly comer of Lot 32 of Anekona Estates and being a point on the Northerly side of Kanehoa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,500.10 feet North and 18,270.59 feet West and running by azimuths measured clockwise from True South: Thence, for the next four (4) courses following along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa: 1. 182° 14' 607.60 feet along Lot 32 of Anekona Estates to a point; 2. 278° 59' 182.04 feet along Lot 33 of Anekona Estates to a point; 3. 277° 00' 190.79 feet along Lot 33 of Anekona Estates to a point; _l_ 4. 2° 14' 570.34 feet along Lot 35 of Anekona Estates to a point; 5. 92° 14' 370.91 feet along the Northerly side of Kanehoa Street to the point of beginning and containing an area of 5.0012 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(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), 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. -2- D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the teens 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 owners of the property may also 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. At the time improvements at the Route 191Anekona Street or Route 191Kanehoa Street intersection are made by the Department of Transportation, the applicant(s), 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. F. 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 clearance from the DLNR- HPDwhen it finds that sufficient mitigative measures have been taken. G. The applicant(s) shall comply with all applicable laws, rules, regulations and requirements of affected agencies. H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included -3- herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. I. 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(s), 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 year maybe extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. J. 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. -4- 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: r ~ COUN ME ER, 'OUNT OF HA I xilo , Hawaii Date of Introduction: January 23, 2004 Date of 1st Reading: January 23, 2004 Date of 2nd Reading: February 4, 2004 Effective Date: February 11, 2004 REFERENCE: Comm. 435 -5- A-40a A-40a A-40a A 3a A-3a A-3a Kawaihae Rd. A-Sa /(a A 3a AGRICULT RAL (A-Sa) TO wa~hao Rd. RESIDENTIAL AND A RICULTURAL (RA•2a) _2a N A-la W A-Sa .q A-Sa 4P~o ~d S A_Sa Sf 11, SO .lON A-5a 18,27 59W "PUU - A-la RA-2a Kanehoa St. ~ - ~ nehoa = Rn,-za St. A-la A-Sa RA_za A-Sa ~ Ala A- A-Sa A-la N ~eO e P ' n- a RA-za 2a A I a RA-2a Stream _f A-la KeanUlomanO A-Sa A-5a 500 250 0 500 1000 1,500 2000 2,500 Feet AMENDMENT TO THE ZONING CODE 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-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 6-2-011:034 Date: October 22, 2003 EXHIBIT "A" (Andrew J. Frogley: 1113) OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii 1_. ~ L. ? ROLL CALL VOTE Introduced By: Leningrad Elariond~ FLU 1~ P AYES NOES ABS EX Date Introduced: January 23, 2009 A[akajci X FirstReadin Januar 23 2004 ~ g~ Y nni mr~~ p~ ~ _ X Published: N/A Elarionoff X Holschuh X REMARKS: Jacobson X Reynolds X Safazik X Tulang X Tyler X 6 0 3 0 Second Reading: February 4, 2004 ROLL CALL VOTE To Mayor: February 6, 2004 AYES NOES ABS EX Returned: February 11, 2004 Arakaki X Effective: February 11, 2004 Chung X Published: February 22, 2004 Elarionoff X Holschuh X REMARKS: Jacobson X Reynolds X Safarik X Tulang X Tyler X 8 0 1 0 I DO HEREBY CERTIFY that the,foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LE~ALIT~!~ ,gin n dE IJTY CORPORATION COUNSEL COUNTY OF HAWAII f ~fi/ COUNTY CLERK x~ ^ Y- Date__ Bill No.: 195 C-435/PC-68 pprove Disapproved this I I ~ day Reference: Fr~r~,200~ Ord.No.: 0~ ~,Z 0 AYOR, TY OF HAWAII