The URL can be used to link to this page

Home My WebLink AboutORD 2002-003 2000-2002 COUN'I`~~' OF I-I~W1~I`I ST°A°T~ OF I~AAWAI`I SILL NO. 130 (Draft 2) ORDINANCE NO. 3 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONIN(T CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:15. 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, Waimea, South Kohala, Hawaii, shall be Residential and Agricultural (RA-2a): Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 14 of this subdivision and being a point on the Southerly Side of Kanehoa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PIJU PA" being 11,333.75 feet North and 14,072.05 feet West and running by azimuths measured clockwise from True South: 1. 357° 28' 30" 897.48 feet along Lot 14 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 2. 88° 2~)' 10" 84.05 feet along middle of Keanuiomano Stream and along Government Land (State of Hawaii) to a point; 3. 100° 22' 30" 114.60 feet along middle of Keanuiomano Stream and along Government Land (State of Hawaii) to a point; -1- 4. 166° 20' 81 x.56 feet along Lots 17 and 16 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 5. 253° 42' 157.03 feet along the Southerly side of Kanehoa Street to a point; Thence, following along the Southerly side of Kanehoa Street on a curve to the right with a radius of 1,300.00 feet, the chord azimuth and distance being: 6. 258° 11' 20" 203.49 feet to the point of beginning and containing an area of 5.453 Acres. 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 applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, its successors or assigns shall be responsible for complying with the requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. The applicant shall secure Final Subdivision Approval 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 prohibit the construction of a second dwelling unit and condominium property regimes on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning -2- Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved 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 property. 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 to the Route 19/Anekona Street or Route 19/Kanehoa Street intersection are made by the Department of Transportation, the applicants 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. When the DLNR--HPD finds sufficient mitigation measures have been taken, subsequent work on the project shall proceed. G. The applicants shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. H. Should the Hawaii County 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. -3- I. 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 applicants, 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 may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' 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 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: COi~NCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: December 5, 2001 Date of lst Reading: December 5, 2001 Date of 2nd Reading: December 19 , 2001 Effective Date: January 8, 2002 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- N W E S A-4oa A-3a A-3a A-3a a A-40a A-3a KA qty Q`~ KA AI E- AIh4EA OAD ~ wAigq S A-5a F 'Qy ROAp ~ A-3a ~ crirO~ S~, ry RA-2a A-~ w A-5a ~ q_~ ~ RA-2a A ~ A-5a ~ O A-5a A-5a EH S'~ • UU ST. RA-2a K~ A-5a RA-2a ~ q_~ RA-2a N A 5a ~ RA-2a A-5a A-5a ~ RA-2a A-5a q_~ RA-2a A-3a A-~ A-5a !fA^,~~,U'abANO KE.pNUIOMANO ST-P~s9~s STREAM 11,333.75 N 14 072.05 W "PUU Pl~!" LD AGRICULTURAL (A-5a) TO RESIDENTIAL AND A-sa AGRICULTURAL (RA-2a) A6ZEA = 5:=153 Acres 0 1000 ZOOD 3000 4000 6000 FaeB AI!lIENDING SECTION 25-8-~ (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE} OF THE HAWAII COUNTY CODE, ~Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULi, SOUTH KOHALA, HAWAII PREPARED 13Y: PLANNING DEPARTMENT TMK : 6-2-11:15 COUNTY OF HAWAII SEPT. 13, 2001 EXHl~iT "A" (Clinton & WillEams) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii (DRAFT 2 ) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: December 5, 2001 Arakaki X First Reading: December 5, 2001 Chung X Published: December 16, 2001 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 1 0 0 Second Reading: December 19, 2001 ROLL CALL VOTE To Mayor: December 21, 2001 AYES NOES ABS EX Returned: January 4, 20.02 Arakaki X Effective: January 8, 2002 Chung X Published: January 22, 2002 Elarionoff X Jacobson X REMARKS• ,.-Returned unsigned 1/4/02 Leithead-Todd X Pisicchio X a~:.~ Safarik X - X Tyler Yagong X - 7 1 1 0 _ ~ I DO IIEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. ~ ' - ~ = " ; = ~ APPROVED AS TO ' FORM AND LEGALITY: ' CQfINCIL CHAIRMAN f~~ ^~m.~ DEPUTY CORPORATION COUNSEL ' . ~ ~J`~------ COUNTY OF HAWAII CO(INTY CLERK Date 130 (DRAFT 2) Bill No.: C-412/PC-45 Approved/Disapproved this dam, Ret"erence: Ord No.: a3 of , 20 MAYOR, COUNTY OF HAWAII