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Home My WebLink AboutBIL 347 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 347 (Draft 2) ORDINANCE NO. Ati ORDINANCE AMENDING SECTION 2~-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 2~ (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 22 BE IT ORDAINED BY THE CODICIL OF THE COLR~ITY 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 of property described hereinafter as follows The district classification of the following azea situated at Ouli, South Kohala, Hawau. shall be Residential and Agricultural (RA-2a) Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly comer of Lot 20 of Kanehoa Subdivision (File Plan 1845) and bung a point on the Southerl}• side of Lot 30 (Roadway) of Kanehoa Subdivision (File Plan 1840. the coordinates of said point of beeinning referred to Government Survey Triangulation Station "PUU PA" being 1 1,329 15 feet North and 12,884 46 feet West and running by azimuths measured clockwise from True South l 9° 52' 815 56 feet along Lot 20 of Kanehoa Subdivision (File Plan ] 845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point. Thence, for the next two (2) courses following along the middle of Keanuiomano Stream, in all of its meanderings, the direct azimuths and distances being 2 91° 48' 03" 178 18 feet along Government Land (State of Hawau) to a point, 3 61 ° 19' 1 ~ 1 6~ feet along Government Land (State of Hawau) to a point, 4 189° 52' 971 69 feet along Lots 26 and Z~ of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa to a point, Thence, for the next three (3) courses following along the Southerly side of Lot 30 (Roadway) of Kanehoa Subdrvtston (File Plan 1840 5 297° 00' 99 11 feet to a point, Thence, followtng on a curve to the lefr with a radius of 350 00 feet, the chord azimuth and distance being 6 28~° 30' S0" l39 39 feet to a point, 7 274° Ol' 40" 61 91 feet to the point of beginning and containing an azea of 5 821 Acres All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof SECTION 2 This change in district classification is conditioned upon the following A The applicant, its successors or assigns shall be responsible for complyine with all of the stated conditions of approval B The applicant, 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 Lse Rural Dtstnct C The required water commrtmen[ pa}ment shall be submitted to the Departmznt of ~4'ater Supply in accordance with its "Water Commitment Gwdelmes Pohcv" within ninety (90j days from the efiecuce date of this ordinance D Final Subdivision Approval for the subdivision shall be secured within Yiye (~l years from the effective date o[ this ordinance E Access to the subject property from Kanehoa Street shall meet with the requirements of the Department of Public Works F At the time improvements at the Route 19/Kanehoa Street intersection aze made by the Department of Transportation, the applicant shall pay their fair share amount for the required improvements which will be determined by the Planning Director m 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- Histonc Preservation Division (DLNR-HPD) shall be immediately notified Subsequent work shall proceed upon an azchaeological cleazance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken H Restrictive covenants in the deeds of all the proposed residential lots within the subtect property shall prohibit the construction of a second dwelline unit on each lot A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Plannme Director for review and approval prior to the issuance of Final Subdivision Approval A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County Plannine Director and recorded with the Bureau of Conveyances for any gortion of the subject property A copy of the recorded document shall be filed 3 with the Plannine Department upon its receipt from the Bureau of Conveyances [H]I The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property, including the Department of Health [I]J 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 requtrements of the Unified Impact Fees Ordinance [J]K An initial extension of time for the performance of conditions within the ordinance may be 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, its successors or assigns, and that are not the result of their fault or negligence 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 contran~ to the original reasons for the granting of the change of zone 4 The time extension eranted shall be for a period not to exceed the period ongmall~ granted for performance (i e , a condition to be performed within one pear may be extended for up to one additional ~•eai i It the applicant should regwre an addmonal extension of time the Planntne Dtrector shall submit the applicant's request to the Count Council for appropriate action [K]L Should any of the conditions not be met or substantially complied with m a timely fashion. the Dtrector may inmate rezoning of the subject area to its onemal or more appropriate designation SECTION 3 In the event that any portion of this ordinance is declared im•alid, such meahdity shall not affect the other parts of this ordinance SECTION 4 Thts ordinance shall take effect upon its approval INTRODUCED BY COL+TICIL vtE'vIBER, COLR``TY OF HAWAII Hilo. Hawau Date of Introduction Date of 1st Readtng Date of 2nd Readtng Effective Date StSf ERF~ICE, Catni. 9 7 0.0 01 ,APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED 5 A-IV. 2 H d' ~ II J . p, W ~ y ~ u ae o Kawaihae A J. A ~O. i i i A ~ ~ I I ~ Kpm i ~ A 5. i ~+elp ' ! i ; ~ 1 i; j I ' I I ~ i i I A 5s i ~ I I I I' i i i ~ i ~ I i ~ ~ ~A ~ 'x'29 7 ~ ~ I' _ i .I e.l ' 2.88G 46 W i i ' I~ PLv ~G l!L ' A - 5• ' A i; ,A 3• i ~ j I I, ~ A 5• i i i ~I i I; I _ ; r 1, PNO.. i ~ KEPNV~OM .-p~~FtEAM AGRICULTURAL (A-5o} " 5. TO RESIDENTIAL AND I AGRICULTURAL (RA-2o) " - 5' AREA = S.E21 ACRES WAIKOLOA STREAM AMENDMENT 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-2o) AT OULI, SOUTH KOHALA, HAWAII. PREPARED BY• PLANNING DEPARTMENT COUNTY OF HAWAII VY -J-J ~L SL-T ?E Cvl7 v-' ~"hDPCM wELSC+: EXHIBIT °A"