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Home My WebLink AboutORD 2005-035 2004-2006 ~il~~i 3 ~S~ 3111°aN ~6~ d_ 7'~, a._7~ ~ 3'~/1~.i6i BILL NO. __20 ORDINANCE NO. OS $S 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 AGRICULTi.JRAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:33. 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 Hawai `i County Code, is amended to change the district classification of property 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 Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 36-B of Anekona Estates and being a point on the Westerly side of Anekona Road, the coordinates of said point of beginning referred to Govenunent Survey Triangulation Station "PUU PA" being 12,062.83 feet North and 17,326.82 feet West and running by azimuths measured clockwise from True South: Thence from a tangent azimuth of 354° 24' 37" following along the Westerly side of Anekona Road on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 1. 346° 58' 20.5" 90.62 feet to a point; 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: Thence from a tangent azimuth of 159° 32' 04" following along Lot 2 of Anekona Estates on a curve to the left with a radius of -1- 20.00 feet, the chord azimuth and distance being: 2. 128° 16' 02" 20.76 feet to a point; 3. 97° 00' 750.00 feet along Lots 2, 35 and 34 of Anekona Estates to a.point; 4. 98° 59' 641.36 feet along Lots 34 and 32 of Anekona Estates to a point; 5. 164° 06' 48" 244.49 feet along Lot A-3-1 to a point; 6. 253° 33' 40" 179.62 feet along the Southerly side of Kawaihae- Waimea Road (F.A.P. NRFI l l-C) to a point; 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 1,116.00 feet, the chord azimuth and distance being: 7. 268° O1' 40" 557.59 feet to a point; Thence, for the next three (3) courses following along the remainder of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa: 8. 2° 20" 357.03 feet along Lot 36-A of Anekona Estates to a point; 9. 277° 00" 708.64 feet along Lots 36-A and 36-B of Anekona Estates to a point; Thence, following along Lot 36-B of Anekona Estates on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 10. 225° 42' 18.5" 31.22 feet to the point of beginning and containing an area of 6.5077 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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 al] 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 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 -3- Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. No access to the property shall be allowed to and from Kawaihae Road (Highway 19). F. At the time improvements at the Kawaihae Road - Anekona Street or Kawaihae Road - Kanehoa Street intersection are made by the State 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. 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 clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. H. The applicant(s) 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. -4- 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(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. 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. -5- SECTION 4. This ordinance shall take effect upon~it~sgapproval. Z~t~~~ YC` v~~~_ COUNCIL MEMBER, COUN AWAI`I g ~ f ` ~ l/ COUNCIL ME ER, COUNTY OF HAWAII Kona , Hawaii Date of Introduction: March 1, 2005 Date of 1st Reading: March 1 , 2005 Date of 2nd Reading: March 16, 2005 Effective Date: March 31, 2005 REFERENCE; Comm. 63 -6- A-40a N A-40a W L AGRICULTURAL (A•Sa) TO RESIDENTIAL AND AGRICULTURAL RA•2a ti 6.5077 ACRES A-40a A-40a 12, 002.83 N 17,326.82 W "PUU PA"@~. - r- - - A_3y - - A 3a 7 - - - J - aJe waihae Rd ~ / / a-3a ~e~ A R~-2a / ~ RA-2a A-fa kaW jhae / r , ~•;ip 1 ~ ~ A Sa ~ RA-1a I 4d J q~5y sl/ RA a / A-rya _ Kan h0a $L~ RA-za A-5a i l~ II ~ ~~I - i / ~ A Sa ~ R~-2a _1I~ a-1a ~ RA-za =A-5~ I ~ l q/+-za I ~'IyaAehO~St. 1 _ ~ t c ~ RA 2a ~ / •o A ~ R a ' RA , ~ ~ \ ~\1 / A I v ha \ i,/ Pa ~ I~ / I A-5a A-Sa A-fa 960 480 0 960 1920 2880 3640 48peet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA 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: 6-2-011:033 Date: September 24, 2004 EXHIBIT (ALMEIDA:1151) OFFICE OF THE COUNTY CLERK County ofHawai`i RPIZ I Kona, Hawai' i ,`_,,y ~7 n Introduced By: Angel Pilago/Pete Hoffmann ROLL CALL VOTE Date Introduced: March 1, 2005 ~ AYES NOES ABS EX First Reading: March 1, 2005 Arakaki X Published: N/A Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 6 3 0 0 Second Reading: March 16, 2005 To Mayor: March 18, 2005 ROLL CALL VOTE Returned: April 1, 2005 AYES NOES ABS EX Effective: March 31, 2005 Arakaki X Published: April 6, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 6 3 0 0 I DO HEREBYCERTIFY that the foregoing BILL was adopted by the County Council published as indicated ahove. j' APPROVED AS TO ~ FORM AND LEGALITY: COUNGL ikMAN ~~Q~ L • ~~1~~~ ~ i DEPUTY CORPORATION COUNSEL ' ~~/j~ COUNTY OF HAWAII ~ fr1 ~ ~ COUNTY CLERK Date 20 Bill No.: _ ~ C-63/PC-9 </Approv~Disapproved this 31 day Reference: r 1~ Ord No.: 0~+ w _ aiR.Pn , 20 0 r AYOR, _OUNTY OF HAWA!'l