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Home My WebLink AboutORD 2006-003 2004-2006 COUNTY OF HAWAII STATE OF HAWAI`i BILL NO. I7s ORDINANCE NO. 06 3 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWA[`I, COVERED BY TAX MAP KEY 6-2-11:30. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION l . Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafrer as follows: The district classification of the following area situated at Ouli, 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 oFLot 31-B of Anekona Estates, at~d 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 11,437.]7 feet North and ]7,939.92 feet West and running by azimuths measured clockwise from True South: 1. 272° 14' 465.00 feet along the Southerly side of Kanehoa Street to a point; Theuce, for the next twelve (12) courses following along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa: 2. 2° 14' 569.91 feet along Lot 25-B of Anekona Estates to a point; 3. 94° 38' 22] .69 feet along Lot 26-A of Anekona Estates to a point; -1- Thence, from a tangent azimuth of 291 ° ] 7' 27" following along Lots 26-A and 26-B of Anekona Estates on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 4. 325° 58' 46.5" 51.22 feet to a point; Thence, from a tangent azimuth of 0° 40' 06" following along Lots 27-A and 27-B of Anekona Estates on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 5. 44° 12' 03" 61.99 feetto a point; Thence, from a tangent azimuth of 87° 44' following along Lots 28-B and 28-A of Anekona Estates on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 6. 118° 59' 46.69 feet to a point; Thence, from a tangent azimuth of 150° 14' following along Lot 29 of Anekona Estates on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 7. 169° 42' 16.5" 30.00 feet to a point; Thence, from a tangent azimuth of 189° 10' 33" following along Lot 27 of Anekona Estates on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being: 8. 169° 42' 16.5" 30.00 feet to a point; 9. 150° 14' 56.37 feet along Lot 29 of Anekona Estates to a point; Thence, following along Lot 29 of Anekona Estates on a curve to the right with a radius of 775.00 feet, the chord azimuth and distance being: -2- 10. 157° 40' 200.53 feet to a point; Thence, from a tangent azimuth of 165° 06' following along Lots 31-A and 31-B of Anekona Estates on a curve to the right with a radius of 775.00 feet, the chord azimuth and distance being: 1 I. 173° 40' 230.89 feet to a point; 12. 182° 14' 79.94 feet along Lot 31-B of Anekona Estates to a point; Thence, following along Lot 31-B of Anekona Estates on a curve to the ]eft with a radius of 30.00 feet, the chord azimuth and distance being: 13. 137° 14' 42.43 feet to the point of beginning and containing an area of 5.3042 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: (l) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from Che 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. -3- 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 ofthis 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 ofthis 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 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. -4- 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 £nds that sufficient mitigative measures have been taken. G. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 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 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 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. -5- 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 Plamiing 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL ME R, COUNTY AWAI`I ,TRf~DUCED BY: ~ l~r~c. COUNCIL MEMBE , C TY F HAWAI Hilo ,Hawaii Date of Introduction: December 21, 2005 Date oflstReading: December 21, 2005 Date of 2nd Reading: January 5, 2006 Effective Date: January 13, 2006 -6- F.ErCRE;v~: Comm. 54,x? A-40a A-7a A-7a A-40a v`e\ A-fa ' i RA-2a t' A-JOa A-ia ~ d~d(h A-3a dPR a A-Sa RA-2a RA-2a A-5a A-Sa ' ; 11,437;17N ka9ehp 17, 939 91 W a st ~ A-5a A-3a A-fa "PUU pA"~ RA 2a RA-?a lei la hI RA-2a A-Sa - ~ ~ ~ ~ A-Sa BRA-2a ~d 7 P h A-Sa ~d S ( RA-2a A4a RA.1a RA-2a RA-1a ~ q-5a RA-2a ~ A-Sa i A-~ A-Sa ~I RA-2a A-ta jAGRICULTURAL (A•Sal TO A-5a RESIDENTIAL AND ' A__GRICULTURAL (RA•2a) _ 'i 5.3042 ACRES A-5a i i ~~o ae5 0 Rio inzo ziao znao s~o F~,•~. 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 1983 (2005 EDITION), 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. &1-011:030 Date Septemher 16. 200 EXHIBIT "A" Anna rtin e Smrth_1 nz1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: x.Ange1 Pilago / Bete Hoffmann ROLL CALL VOTE Date Introduced: December 21, 2005 AYF,S NOES ABS EX First Reading: December 21, 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: January 5, 2006 "I'o Mayor: January 6, 2006 ROLL CALL VOTE Returned: January 17 2006 AYES NOES ABS EX Effective: January 13, 2006 Arakaki X Published: January 24, 2006 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 5 1 3 0 i I DO HEREBYCERTIFYthattke foregoing BILL was adopted fiy the C'ounry Counci[~ublished as indicated above. °9p~~ APPROVED AS TO FORM AND LEGALITY: , - ~ COUNC/L CHAIRMAN t DEPUTY CORPORATION W'gUNSEL / COUNTY OF HAWAII ~ ~ ~ .7AN j j tpt;b COUNTY CLERK Date 175 Bill No.: ~ 1 ~~Lt. Reference: C-547/PC-46 ~Approvec(/Di.capproved this ~ day Ord No.: ~6 3 oj' ~~hL+0.r , 20 Dv _ YOR, C ~'YOFHAWAI7