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Home My WebLink AboutORD 2005-120 2004-2006 COUNTY OF HAWAII ~ STATE OF HAWAII BILL NO. ~ is (Draft 2) ORDINANCI; NO. ~5 12G 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 6-2-9:26. 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 area situated at Ouh, South Kohala, Hawaii shall be Residential and Agricultural (RA-2a): Beginning at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 14 of Anekona Estates, and being a point on the Southerly side of Kanehoa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,333.57 feet North and ]3,707.42 feet West and running by azimuths measured clockwise from True South: 1. 274° Ol' 40" 34.16 feet along the Southerly side of Kanehoa Street 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 94° O1' 40" following along Lot 25-A of Kanehoa Subdivision on a curve to the left with a radius of ] 0.00 feet, the chord azimuth and distance being: -1- 2. 51° 56' 30" 13.40 feet to a point; 3. 9° 52' 413.13 feet along Lot 25-A of Kanehoa Subdivision to a point; 4. 274° Ol' 40" 494.10 feet along Lots 25-A and 25-B of Kanehoa Subdivision to a point; 5. 9° 52' 429.07 feet along Lot 22-B of Kanehoa Subdivision to a point; Thence, for the next two (2) courses following along the middle of Keanuiomano Stream in all its meanderings, the direct azimuths and distances being: 6. 74° 09' 30.78 feet to a point; 7. 89° O1' S0" 497.67 feet to a point; 8. 189° 52' 905.32 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 the point of beginning and containing an area of 5.312 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. ]n 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 -2- (B) Fulfillment of the need for public service demands created by the proposed use. A. The app]icant(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. D. The applicant shall identify the Keanuiomano Stream drainage easement boundaries on all site plans. E. Restrictive covenants iu 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 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 Hawai `i 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. F. At the time improvements at the Kawaihae Road - Anekona Street or Kawaihae Road - Kanehoa Street intersection are made by the State Department of -3- 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 sufftcient mitigative measures have been taken. H. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 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(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. -4- 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 its approval. INTRODUCED ~Y: COUNCIL MBER, C Y O HAW I`I ' 1 ' COUNCIL / MBER, COUNT OF HAWAII Hilo , Hawaii Date of Introduction: July 22, 2005 Date of 1st Reading: July 22, 2005 Date of 2nd Reading: August 17, 2005 Effective Date: August 25, 2005 F:_i c:~~ iri-': Comm: 308 2 -6- N W F. A-40a A-40a s 11,333.57 N 13,707.42 W A-40a _ _ "PUU PA"~2, Kd A 3a ~ A a ~ wdlha Rd ~ / a- Q\ ~ RA- a - - R -2a o R 2a r 9 r A- a _ I 4P~A~a ~ R -2a m 1 _A 6a ii I A $a ~J I A Sa I ~ A-~ A 5a A-Sa R~2a R a I kdne oa PI i A- a I A-5a , dne R -2~ A ~ R -2a1 - - ho S 0o A 5a R 2a RA-2a A-5a RA 2a ~~R A-5a ' I RA"2a ~ - - ; ~ ~ RA Ta R -2a A- A-5a i A- RA 2a ~ ~ R -2a ~ I _I - L I -2a a l I 1/ AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL RA-2a A-Sa 5.312 ACRES A-Sa 960 480 0 960 1920 2 880 3 840 4 8¢0 at 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 MK: 6-2-009:026 Date: July 13, 200 EXHIBIT „A„ (Tooman Family Trust;Marc R. Rice Revocable Living Trust;Patricia P. Rice Revocable Living Trust:1160) OFFICE OF THE COUNTY CLERK County of Hawaii xilo, Hawaii , ~~Z~ Introduced By: Pete xoffmann/x. Angel Pilago ROLL CALL VOTE Date Introduced: AYES NOES ABS X First Reading: Arakaki Published: Higa Hoffmann REMARKS: Holschuh Ikeda Isbel I Jacobson Pilago Safar' Reconsideration Reading: August 17, 2005 (Draft 2) To Mayor: August 22, 2005 ROLL CALL VOTE Returned: August 25, 2005 AYES NOES ABS EX Effective: _August 25. 2005 Arakaki X Published: September 1, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X - Safarik X 8 0 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LF~ALIT ~ ,t ' ; COUNCIL A/RMAN EP CORPORATION COUNSEL ~ COUNTY OF HAWAII `i" ~G~Z~/ ~.tl~C~li~/~ ~ ~ COUNTYCL6RK Date ~ ~ ~i ~ 119 (Draft 2) Bill No.: C-308.2/FC-30 tt- Reference: Approve Disapproved this 2S day OrdNo.: V5 12a o~~ ~~_~s/V' , l0 OS ~ YORa~ C(7(JNTY ( HAWA!'1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Pete Hoffmann/tc. Angel Pilago ROLL CALL VOTE Date Introduced: July 22, 2005 AYES NOES ABS EX First Reading: July 22, 2005 Arakaki X Published: N/a Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 1 0 0 Second Reading: August 3, 2005 To Mayor: August 4, 2005 ROLL CALL VOTE Returned: AYES NOES ABS EX Effective: Arakaki X Published: Higa X Hoffmann X REMARKS: Npte• Due to an error in Holschuh X the bill oortion o h m es Ikeda X and bounds d c .r; nt_; on _~a 1 ~ Isbell X Manor returned the bill via Jacobson X Communication 308.1 for Pilago X Council's reconsideration. Safarik X 9 0 0 0 1 DO HEREBY CERTIFY that the, foregoing BLLL was adopted by the County Council published a.r indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL ~~~il~r-C_; COUNTY OF HAWAII COUNTYCL6RK Date 119 Bill No.: C-308/PC-30 Apprnved/Disapproved this day Reference: _ Ord No.: off, 20 MAYOR, COUNTYOFHAWAI7