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Home My WebLink AboutORD 2006-109 2004-2006 v+ or.q~_ 4~~;: COUNTY OF HAWAII STATE OF HAWAII ...rr O~~Mr~'' BILL NO. 290 ORDINANCE NO. 06 1O9 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRE (A-Sa) TO RESIDENTIAL AND AGRICULTURAL - 2 ACRE (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-9:17. 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 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 Residential and Agricultural - 2 acre (RA-2a): Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly comer of Lot 15 of Kanehoa Subdivision (File Plan 1845) and being a point on the Southerly side of Kawaihae-Waimea Road (F.A.P.NRH 11-C), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA"being 12,210.89 feet North and 12,140.41 feet West and running by azimuths measured clockwise from True South: 1. 9° 52' 911.55 feet along Lot 15 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 2. 94° Ol' 40" 283.41 feet along Lot 18 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 3. 189° 52' 911.55 feet along the Westerly end of Lot 30 (Private Road) and Lot 19 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land 1 Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 4. 274° O1' 40" 283.41 feet along the Southerly side of Kawaihae- Waimea Road (F.A.P. NRH 11-C) to the point of beginning and containing an area of 5.900 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: (I) 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 all requirements of Chapter 205, Hawaii Revised Statutes, relating to pennissible 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 2 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 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 aze 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. 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 azea 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. 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. 3 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. 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. 4 SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: . ~~2~~ COUNCIL MEMB ,COUNTY OF H AI`I Kona ,Hawaii Date of Introduction: July 7, 2006 Date oflstReading: July 7, 2006 Date of 2nd Reading: July 19, 2006 Effective Date: July 27, 2006 REFERENCE: Comm. 90_.~--- 5 N A-40a E A-40a W S AGRICULTURAL (A•5a) TO RESIDENTIAL AND AGRICULTURAL RA•2a t22t089N 5.900 ACRES t2.140.4t W "PUU PA".) A-40a --~A 3a A A-3a M'~.~ s A 5a A 5a y t- a y O j 2a w I o A Sa A 5a A-~ I 1 A~5a A-~' I ~ I ~ 2a NEHOA P AI5a A- I A- I II~ RA-Y RA 2a a l A-Sa I 1 ~ I~ ~ ~ ~ , . - -1~ ro Q ~y-- q-,~ A-Sa A-Sa 610 305 0 610 1220 1830 2440 30~i~t AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA 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: 6-2-009:017 Date: Januar 25, 200 EXHIBIT "A" (Scott Nakahara:1193) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii - IncroducedBy: K. Angel Pilago ~v~,' # O hC VOTE Date Introduced: July 7, 2006 AYES E~' BS EX First Reading: July 7, 2006 Arakaki , X . Published: N/A Higa X ~ ' Hoffmann X REMARK.S~ Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 7 1 1 0 Second Reading: July 19, 2006 "I~oMayor: July 24, 2006 ROLL CALL VOTE Returned: July 27 2006 AYES NOES ABS EX effective: July 27, 2006 Arakaki X Published: August 4, 2006 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X - Pilago X Safarik X 8 1 0 0 I DO HEREBYC'ERTIFY that the foregoing BILL was adopted by the County Council published as inclicaled above. APPROVED AS TO FORM AND LEGALITY: COUNC/L CHAIRMAN ~ DEPU CO PORATION C SEL ~~~M~I~'~` ~.'~j ~ COUNTY OF HAWAII fib COUNTY CLERK Date JUL 2 5 2008 290 Bill No.: C-906/PC-91 ~ Reference: ,9pprove Disapproved this ~7 day 06 1(79 Ord No.: _ o/' 20~. i AYCJR, C'O ' 'Y OF HAWA1 `I