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Home My WebLink AboutBIL 345 Draft 01 1998-2000 ,l ~1J~ ~ ~ s. 31' ~'~2~aI?~'Ii ~li `3 ~l~~i~~'. ~i i' A~ti.Y V.`~~Y -till 1`)~ t. 345.-- vRDI1VA1<llrF NO. AN ORDINANCE .AMENDING SECTION 2~-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRIC"f CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT UULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11 28 BE [T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1 Section 25-8-7, Article 8, Chapter 2~ (Zoning Code) of the Hawai County Code, is amended to change the district classification of property described hereinafter as follows The district classification of the following area situated at Ouli, South Kc hala, Hawau, shall be Residential and Agricultural (R.A-2a) Begiiuiing at the north comer of this parcel of land, being the east comer of Lot 29 and on [he southwesterly side of Easement " 22" (for road and uttlrty purposes), being a portion of Lot 30, the coordinates of said point of begmmng referred to Government Survey Triangulation Station "PUiJ PA" being 10,803 21 feet north and 1 x,773 84 feet west, thence running by azimuths measwed clockwise from [rue South 1 Following along Easement " 22" (for road and utility purposes), being a portion of Lot 30, along a curve to the left w•rth a radius of 45 00 feet, the chord azunuth and distance being 298° 59' 46 69 2 3~7° 44' 576 19 feet along Lot 27 to the middle of Keanmomano Stream, Thence following along the middle of Keanwomano Stream, with all its •vmdmgs, the direct azimuths and dtsLmces for the next three (3) courses being -1- 3 74° 06' 10" 9 02 feet to a on boulder, 4 81° 23' 30" 24~ 47 feet to a on boulder, 5 76° 58' 20" i 59 86 feet, 6 164° 06' 48" 32~ 33 feet along Lot 4, portton of Royal Pa[ent 2237. Land Commts~ton Award 8518-B, Apana 1 to fames Young Kanehoa, 7 230° 10' 30" 563 21 feet along Lot 29 to the pott~t of begtnnmg and containing ar area of 5 002 acres. more or less All as shown on the map attached hereto, marked Exhtbrt "A" and by reference made a part hereof SECTION 2 Thts change m dtstrtct classtficahon is condfioned upon the followme A The applicant, its successors or assigns shall be responstble for complying with all of the stated condrttons of approval B The applicant, successors or assigns shall be responstble for complying v tth all requirements of Chapter 205. Haw•au Revised Statutes, relating [o pemusstble uses wrthm the State Land lise Rural Dtstnct C The regwred water commitment payment shall be submitted to the Depai tment of Water Supply m accordance with its "Water Commitment Gmdehnes Policy" within ninety (90) days from the effective date of this ordinance D Final Subdivision Approval for the subdivision shall be secured within five (5) years from the effective date ofthts ordinance -2- E Access to the subJect property from Kanehoa Street shall meet with the regmrements of the Department of Public ~'~'orks F At the time improvements at the Route 19/Kanehoa Street intersection are made by the Department of Transportation, the applicants shall pay their fair share amount for the required improvements which will be detennmed by the Planning Director m consultation with the Department of Transportation G Should any remains of htstonc sites, such as rock walls, ten•aces, platforms, manne shell concentrations or human bunals be encountered, work m the immediate area shall cease and the Department of Land and Natural Resources-H~stonc Preser<•at~on Drv~s~on (DLNR-HPD) shall be immediately notified Subsequent work shall proceed upon an archaeological clearan~ a from the DLNR-HPD when it finds that sulfic~ent mitieative measures have b~ en taken H The applicant shall comply with all applicable laws, rules, regulations and regmrements of affected agencies for approval of the proposed subdrvtsmn w•nhm the subJect properly, including the Department of Health I Should the Council adopt a L'ntfied Impact Fees Ordinance setting forth •~ntena for ~mposmon of exactions or the assessment of impact fees, condmons included herein shall be credited towards the regmrements of the lintfied Impact F ees Ordinance J An ~mtial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances -3- ] The non-perforntance rs the result ofconditrons that could not ha•~e been foreseen or aze beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence Z Granting of the time extension would not be contrary to the General Plan or Zoning Code 3 Granting of the time extenston would not be contrary to the ongiiral reasons for the granting of the change of zone 4 The time extenston granted shall be for a period not to exceed the period originally granted for performance Q e , a condition to be perforn ~ed within one year may be extended for up to one additional year) 5 If the applicant should require an addttronal extenston of time, thr Planning Director shall submit the applicant's request to the Courty Council for appropriate action K Should any of the conditions not be met or substantially complied with ui a timely fashion, the Director may inmate rezoning of the subject area to its ongutal or more appropriate designation SECTION 3 In the event that any portion of this ordinance is declazed invalid, such im•ahdity shall not affect the other parts of this ordinance -4- SECTION 4 Thts ordinance shall take effect upon ~[s approval INTRODUCED BY I COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawau Date of Introduchon Date of 1st Reading Date of 2nd Reading Effectwe Date REFERENCE: Comm. o~c}. APPROVED AS TO FORM AND LEGAL]TY CORPORATION COLNSEL DATED -5- .-<r_a 0 „.<-;a ~ ° p u z , w a,*a ~,e - T-~ v I ~ ~d ~ N Ol j >-xa ' 2a ~ KqK, ~ v~ -y AIHAf ~~r._ga = I ' ROgO r a- a _yy I ~ I -4a i ~ ~ ,~a ~ \ I i i I i e~ ~ I I i ~ ' I I i~-,, I ; _ ' I I ~ ~ i~ - ~ RF': a ~ ..d ~ - 3a ' f , ' 17,773 84 W ~ I I ~ , I / ~ a l i" d / / ~ _ - Y ' 9 d / I j ~ / ~ p_c.a I AGRICULTURAL (A-5a) TO i~" I RESIDENTIAL AND AGRICULTURAL (RA-2o) AREA = 5.002 ACRES A/MENDMENT TO THE ZONING CODE 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 AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII EXHIBIT "A" ,F u~„ter to„~",