HomeMy WebLinkAboutBIL 177 Draft 01 2004-2006OFFICE INFORMATION ONLY
Meeting: Council — October 4, 2004
Action: Close File. Bill 320 was introduced to combine amendments in Bills
174 and 177. Council motioned to close file on Bill 17.7 which passed FC -300
Was not adopted
Re: Bill 177; Comm. 398; FC -300
COUNTY OF HAWAII ..
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 177
AN ORDINANCE AMENDING SECTION 25-8-12 (KAWAIHAE-PUAKO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE -
FAMILY RESIDENTIAL (RM -15) TO SINGLE FAMILY RESIDENTIAL (RS -15) AT OULI,
SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-16:1-19.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-12, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), 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 Single -Family Residential (RS -15):
Beginning at it pipe at the southwest corner of this parcel of land, on the northerly
side of Road Lot C (` nmaui Drive) of South Kohala Resort (File Plan 2094), the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUAKO" being 8,544.70 feet North and 6,109.26 feet East, thence running by
azimuths measured clockwise from True South:
1700 26' 144.00 feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
2450 55' 40.00 feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
3. 238° 01' 40.00 feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
4. 2360 14'
380.63
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
5. 2330 24'
47.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
6. 2250 38'
49.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
7. 2210 40'
413.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
8. 2710 31'
177.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
9. 3410 05'
335.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
10. 3460 38'
77.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
11. 3520 10'
169.78
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247):
12. 3540 16'
45.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
13. 3260 58'
77.00
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
14. 2950 32'
55.65
feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247):
-2-
15. 390 53' 205.22 feet along Lot A of The Uplands at Mauna
Kea, Part B, Subdivision No. 2 (File Plan
2247);
16. 1090 54' 93.30 feet along the northerly side of Road Lot C
(`Amaui Drive) of South Kohala Resort
(File Plan 2094);
17. Thence along the northerly side of Road Lot C (`Amaui Drive) of South Kohala
Resort (File Plan 2094), on a curve to the
left with a radius of 730.00 feet, the chord
azimuth and distance being:
93° 23' 415.07 feet;
18. 760 52' 67.37 feet along the northerly side of Road Lot C
('Amain Drive) of South Kohala Resort
(File Plan 2094);
19. Thence along the northerly side of Road Lot C (`Amaui Drive) of South Kohala
Resort (File Plan 2094), on a curve to the
right with a radius of 620.00 feet, the chord
azimuth and distance being:
92° 12' 327.90 feet;
20. 1070 32' 127.38 feet along the northerly side of Road Lot C
(`Amain Drive) of South Kohala Resort
(File Plan 2094) to the point of beginning
and containing an Area of 13.028 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 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be 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:
-3-
(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.
The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
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 —
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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.
-4-
SECTION 4. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
R-EFHRIJ549
INTRODUCED BY:
COUNCIL MEMB , COUNTY OF AI`I
UCED BY:
COUNCIL MEMBER, CO,r NTY OF HAWAVI
-5-
EXHIBIT "A" (Moa ni Heights at the Uplands at Maun a Kea Community Associat ion 1174)
OPEN OPEN RM -6 RS45
o OPEN RM -15 OPEN
OPEN
RM -1
0
RM -6
OPEN
OPEN OPEN RM -15 OPEN RM -6
MULTIPLE -FAMILY RESIDENTIAL (RM,15)
Kau,, 17 TO SINGLE-FAMILY RESIDENTIAL RS -15)
ea cv-10 13—.028 ACRES
fJ
OPEN
RM -15
OPEN
OPEN
OPEN
A -5a
0
maul r ML -10
OPEN ML -10
8, 544.70 N
6,109.26 E A.5a
"PUAKO"
ML -10
OPEN
A -5a
OPEN
A -5a
i'do 300 c (X 1.200 1,800 2400 A ii
F
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-12 (KAWAIHAE-PUAKO ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM MULTIPLE -FAMILY RESIDENTIAL (RM -15)
TO SINGLE-FAMILY RESIDENTIAL (RS -15)
AT OULI, SOUTH KOHALA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK_ 6-2-016 001-019 Date September G 200j
EXHIBIT "A" (Moa ni Heights at the Uplands at Maun a Kea Community Associat ion 1174)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo . Hawaii
Introduced By:
Aaron S. Y. Chung
Date Introduced:
September 15, 2004
First Reading:
n/a
Published:
n/a
REMARKS.-
EMARKS:October
October4,
2004 - Close File
September 15, 2004 - Deferred
Elarionoff
Second Reading:
To Mayor:
Returned:
Effective:
Published:
Jacobson
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Chung
Elarionoff
Holschuh
Jacobson
Leithead-Todd
Reynolds
Safarik
Tyler
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Chung
Elarionoff
Holschuh
Jacobson
Leithead-Todd
Reynolds
Safarik
Tyler
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
Approved/Disapproved this
Of -
MA YOR,
f
20
MAYOR, COUNTY OF HAWAII
day
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
Hawaii County is an Equal Opportunity Provider and Employer.
177
C-398/FC-300