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Home My WebLink AboutORD 2004-088 2002-2004 , r l'. C®UNTY OF HAW S'T'A°1"~ OF HAWA..I`I f1: rf ':'~s, BILL NO. _ 2s6 ORDINANCE NO. 04 88 AN ORDINANCE 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-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:16. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L 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 (found) at the corner of this pazcel of land, being also the Northeasterly corner of Lot 15-B of Anekona Estates and being a point on the Southerly side of Road Lot "B", the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,248.03 feet North and 14,421.95 feet West and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa: 1. 346° 20' 383.45 feet along Lots I S-B and 15-A of Anekona Estates to a point; 2. 80° O1' 618.48 feet along Lot 17 of Anekona Estates to a point; 3. 163° 42' 305.00 feet along Lot 17 of Anekona Estates to a point; -1- Thence, following along Lot 17 of Anekona Estates on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 4. 208° 42' 14.14 feet to a point; 5. 253° 42' 622.34 feet along the Southerly side of Road Lot "B" to the point of beginning and containing an area of 5.002 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 maybe 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 19/Anekona Street or Route 19/Kanehoa Street intersection are made by the Department of Transportation, the applicant(s), its successors or assigns shall pay their fair shaze 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- HPD when it finds that sufficient mitigative measures have been taken. G. The applicant(s) shall comply with all applicable laws, roles, 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 towards 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 aze beyond the control of the applicant(s), its successors or assigns, and that aze 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 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 UN MB R, COUNT F HAWAII xilo ,Hawaii Date of Introduction: July 23, 2004 Date oflstReading: July 23, 2004 Date of 2nd Reading: August 4, 2004 Effective Date: August 12 , 2004 REFERENCE: Comm. 66____.$___- -5- A-40a A-40a N W E S A-40a _ A-3a A-3a A-3a A-40a RA-1a ka aiha Rd. :c A-Sa q7 oA-5a r A-3a h e,F RA-2a o ~°'S RA a A-~ 11,24 .03 N = A-5a i~ A-Sa f 14,42 .95 W A-5a Y RA-2a A-5a A-~ PU A Kd ehoa I. ~ Q A ~ R -2a kanNh a $1. RA-2a RA-2a _ RA-2a ~ R -2a iu~r a.,9 b"4. , A-Sa RA-2a p ~ A-Sa y2A,2 A- RA 2a A ~ RA-1 A ~ A-5a RA-2a A- RA- a - AGRICULTURAL (A•Sa) TO RESIDENTIAL AND AGRICULTURAL RA-2a 5.002 ACS. A-Sa A-Sa 970 405 0 970 1940 2910 3880 4850 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 6-2-011:016 Date: May 11, 2004 EXHIBIT "A" (Gary & Betsy Clueen:1130) OFFICE OF THE COUNTY CLERK County of Hawaii C ~ xilo ,Hawaii - r~v Introduced By: Leningrad Elarionoff ROLL CALL VOTE_ ' - Date Introduced: July 23, 2004 AYES NOES A$S EX First Reading: July 2 3, 2 0 0 9 Arakaki X Published: N/A Chung X Elarionoff X REMARKS: Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 6 0 3 0 Second Reading: August 4, 2004 To Mayor: August 6, 2009 ROLL CALL VOTE Returned: August 12 2004 AYES NOES ABS EX Effective: August 12, 2004 Arakaki X Published: August 19, 2004 Chung X Elarionoff X REMARKS: Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 7 0 2 0 I DO HEREBY CERTIFY that the foregoinx BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY. ~9 ~ C NCIL CHAIRMAN D7=PI ' Y CORPO,CR~A~TI/ON COUNSEL COUNTY OF HAWAII ~ COUNTY CLERK Date t~ l~^ Z~ Bill No.: 2 8 6 Approve Disapproved this ~2~ day Reference: C-668/PC-97 o {1 uS~' 20 Oc Ord: ~4 88 AYOR, C TYOFHAWAIi Hawaf7 County is an Egual Opporlunrry Provider and Employer