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Home My WebLink AboutBIL 345 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 3-45 (Dratt ORDINANCE NO. AN ORD[N4NCE AMENDING SECTION ?5-8-7 (NORTH AND SOUTH KOH.4L4 DISTRICT ZONE MAP), ARTICLE 8. CHAPTER 25 (ZONING CODE) OF THE H4W'A[[ COLRJTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FRObt 4GRICULTUR4L (4-~a) TO RESIDE\TIAL 4\D AGRICULTURAL (RA ?a) 4T OUL[. SOUTH KOHAL.4 H4W'AII. COVERED BY TAX MAP KEY 6-2-I 1 28 BE IT ORDAINED BY THE COLR~'C[L OF THE COLrVTY OF HAWAII SECTION l Secuon 25-8-7. 4rticle 8. Chapter 25 (Zoning Code) of the Hawau County Code, is amended to change the distract classiticatton of property described hereinafter as follows The distract classtticatton of the following area situated at Oult, South Kohala. Hawau, shall be Residenttal and Agricultural (RA-2a) Beginning at the north comer of this parcel of land, being the east comer of Lot 29 and on the southw•esterl~ side of Easement " 22" (for road and utility purposes). being a portion of Lot 30. the coordinates of said point of beginning referred to Government Survey Tnangulatton Station "PUU PA" being 10,803 21 feet north and 17,773 84 feet west, thence running by azimuths measured clockwise from true South 1 Following along Easement " 22" (for road and utthty purposes). being a portion of Lot 30, along a curve to the left with a radius of 45 00 feet, the chord azimuth and distance being 298° 59' 46 69 2 357° 44' X76 l9 feet along Lot 27 to the middle of Keanuiomano Stream, Thence following along the middle of Keanwomano Stream, with all its windings, the direct azimuths and distances for the next three (3) courses being -1- 3 74° 06' 10" 9 02 feet to a on boulder, 4 81 ° 23' 30" 245 47 feet to a on boulder. 5 76° 58' 20" 159 86 feet, 6 164° 06' 48" 325 33 feet along Lot 4, portion of Ro~•al Patent 2237, Land Commission Award 8518-B, .4pana 1 to James Young Kanehoa, 7 230° 10' 30" 563 21 feet along Lot 29 to the point of beginning and contatmng an area of 5 002 acres, more or less All as shown on the map attached hereto, marled Exhtbrt "A" and by reference made a part hereof SECTIO?J 2 Thts change m dtstnct classrtication is condmoned upon the following The applicant. its successors or assigns shall be responstble for compl~mg w•tth all of the stated conditions of approval B The applicant, successors or assigns shall be responstble for compl~tng with all requirements of Chapter 205, Haw•au Revised Statutes, relating to permissible uses within the State Land l se Rural Dtstnc[ C The required ~~arer conunitment payment shall be submitted to the Department of ~~'ater Supple m accordance with its "~l'ater Commitment Gwdeltnes Pohc~" wrthm mneq (901 dais trotn the effective date of this ordinance D Final Subdn tston Appm~al for the wbdn tston shall be secured within tine (51 years from the effeune date ofthu ordinance E Access to the subject propem from hanehoa Street shall meet ~iith the reywrements of the Department of Public ~b'orks f At the time improvements at the Route 19 Kanehoa Street intersection are made b~ the Department of Transportation. the applicants shall pad their fair share amount for the required improvements ~~hich will be determined by the Plannm~ Director in consultation with the Department of Transportation G Should an} remains of histonc snes such as rock walls. terraces. plattorms. marine shell concentrations or human bunals be encountered. work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DL\R-HPD) shall be unmediately notified Stibseyuent work shall proceed upon an archaeological clearance from [he DLNR-HPD when a finds that sufficient mmgative measures have been taken H Restrictive covenants in the deeds of all the proposed residential lots within the subtec[ property shall prohibit the construction of a second dwelltne unit on each lot A copy of the proposed covenant(s) [o be recorded with the Bureau of Come~ances 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 m an instrument executed by the applicant and the County Planning Director and recorded with the Bureau of Conveyances for am- portion of the subtec[ property A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances [H]1 The appLcant shall comply with all applicable laws, rules, regulations and regwremen[s 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 Lnified lmpact Fees Ordinance setting forth cntena for tmposruon of exactions or the assessment of tmpact fees, condtttons included herein shall be credited towards the regwrements of the Lnrtied lmpact Fees Ordinance [J]K .4n imnal extension of time for the performance of condtttons wnhm the ordinance may be granted by the Plaiutmg Director upon the following circumstances 1 The non-performance is the result of conditions that could not ha+e been foreseen or are beyond the control of [he applicant, ns successors or assigns, and that are not the result of their fault or negligence Grantm~ of the time extenston would not be contras to the General Plan or Zoninc Code Granting of the time extenston +aould not be contran• to the oncinal reasons for [he granting of the change of zone q The nine extenston granted shall be for a penod not to exceed the penod ongmally granted for performance (i e . a condition to he performed +arthm one year may he extended for up to one addrnonal year) If the applicant should requne an additional extenston of time the Planning Director shall subnu[ the applicant's request to the Counh Council for appropnate action [K]L Should am' of the condtttons not be met or substanualh complied ++uh m a nmeh fashirni the Dtrector ma+ uuuate rezonm~~ of the subtect area to ns ongmal or more appropnate dest~_nauon --t- SECTIO\ ~ [n [he event [hat am portu~n of this ordinance is declared imahd, such mcalidrt~ shall nut atfect the other parts of [his ordinance SECTION ~3 Thts ordinance shall tabe effect upon ns apprm al WTRODUCED BY ' ~ t ,,,ciG, COU\CIL h1E'~1BER. 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