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Home My WebLink AboutORD 1994-053 1992-1994t COUNTY OF HAWAT~ „rTATE OF HAWAII Y BILL NO. 227 (Draft 2) ORDINANCE NO. 34 53 AN ORDINANCE AMENDING SECTION 25-95F (KAWAIHAE-PUAKO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, HY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO MULTIPLE FAMILY RESIDENTIAL (RM-1.5) AT OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-02:PORTION OF 13. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95F, Article 3, 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 area situated at Ouli, Waimea, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the Southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUAKO" being 7,310.44 feet North and 1,711.44 feet east, thence running by azimuths measured clockwise from True South: 1. 188° 50' 235.00 feet along the remainder of R.P. 2237, L.C. 8518-B Apana 1 to Kanehoa (Certificate of Boundaries No. 63); 2. 172° 55' 125.00 feet along same; 3. 191° 50' 123.00 feet along same; 4. 201° 35' 205.68 feet along same; 5. 138° 00' 188.96 feet along same; 6. 297° 54' 30" 142.48 feet along same; 7. 282° 10' 20" 104.39 feet along same; 8. 16° 34' 42" 6.47 feet along same; 9. Thence along same, on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being: 8° 02' 02" 81.43 feet; 10. Thence along same, on a curve to the right with a radius of 25.00 feet, the chord azimuth and distance being: 322° 20' 42" 16.37 feet; 11. 341° 27' 06" 308.73 feet along same; 12. Thence along same, on a curve to the left with a radius of 630.00 feet, the chord azimuth and distance being: 336° 03' 58" 118.26 feet; 13. 330° 40' 50" 247.05 feet along same; 14. 89° 34' 487.05 feet along same to the point of beginning and containing an area of 4.592 acres, more or less. 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, successors or assigns shall be responsible for complying with all of the stated Conditions of approval; (B) the applicant shall comply with applicable conditions of SMA Use Permit No. 231 regarding the development of the Bluffs; (C) A drainage system shall be installed in accordance with the requirement of the Department of Public Works; -2- (D) Access(es) shall meet with the approval of the Department of Public Works; (E) Method of sewage disposal shall meet with the approval of the appropriate governmental agencies; (F) That a Solid Waste Management Plan meeting with the approval of the Department of Public Works shall be submitted prior to Final Subdivision Approval of the proposed development; (G) The applicant shall comply with all other applicable laws, rules, regulations and requirements of the affected agencies; (H) Should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (I) 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; (J) An annual report shall be submitted prior to the anniversary date of the effective date of the change of zone and shall address the status of the development and the compliance with the conditions of -3- approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; (K) An 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, 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 the 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 may be extended for up to one addition year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -4- Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the 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: G~ ` COUNCIL ME ER, C NTY OF HAWAII Hilo, Hawaii Date of Introduction: April 27, 1994 Date of 1st Reading: April 27, 1994 Date of 2nd Reading: May 11, 1994 Effective Date: May 18, 1994 APPROVED AS TO FORM AND LEGALITY: ll ~V~R_Q_g~ ~ l ~ ~~~ ~l;'UTY CORPORATION COUNSEL MAY 1 i 1^0.} DATE: -5- e Ra-'ae e ~~TH~ MAUNA KsA PAIR WAy~J" Ra -1o RO-2o e MAUNA K~A 60Lh coU R~J® e RM-2e \~ O v- 1.25 1 RM-2o I ~\ ~ e 1\\ Y~ 1 e\\J, RM- I-S L. ~ /~ \~ htAAHA ~ `-~'-~~` POINT ~~-~ i re,~,y~gy e e HAPUNA QO{- COU R~e A- I e e C-lo 7c.Vlt_~ ti 1 b Z ~ ~( D D Z ~ Z ~ ~ 9 0 Q Z C ~ .. A-fq RM-2e C/ O Q V / ~\ 7..910.44 N 1.711-44 Q ~ "~UAKO" 0 V- I-2S 0 NAPU NA I PRIM C6 HApUNA NoTr:~ 19QACM PARK V- I-26 1 /~//e \\ e /~ r ~ -~ ~ i ~! `- -~~ `' NAPUNA BAY RM-1-s e J / ~~~~. -- -' ~~~~-NAUNAOA '-~-' ~' peINT ~^ /~ e ~ O}eCTY [O) TO MUt~T1Pl-E ~C PAMtI.y RC~ICQNTIAI- (RM-I-S~ ARCA 4-SO'1 AGR+frS MENDMENT TO THE ZONING CODE AMENOINQ SECTION ~a3-'5 F CKAWAfFfiAE-pUAt<O ZONE MAP) ARTICLE 3, CHAI°TLR ~3 (20NiN6 COpt=) OF THe t'iAWAtI COUNT7' COpE Ey CtiANGiNG THC plGTiQICT Ci-A°1~iFICATtoN PROM OPCN (o) To MULT1Pl..C ~AMII_7' -QESIbENT1AL (RTYf-i-5) AT OuLI, WAIMLA, SOUTH t<OHA1_.A, NAWAtI_ PR~PARC~D t9y = PI..ANNING DEPART-MENT- CouNT7 af° IiAWAff = 6-2-ems _ ~eRTloty of f~ f 'e13. EXHIBIT °A" ~MAl1IVA KC'A I°ROIeEIQT1ES, 1IVC-~ c-45a OFFICE OF THE COUNTY CLERK County of Hawaii u~,. , HflW811 '94 f~FP i~ P; ~ i 2~ OFFfCF ^; ^^U!;.' Ci max Introduced By: ' Date Introduced: April 2 7 , 19 9 First Reading: April 27, 1994 Published: REMARKS: SernndReading: May 11, 1994 To Mayor. May 12, 1994 Returned: Maw 18. 1994 Effective: May 18. 1994 Published: may, 2 5 . 19 9 4 REMARKS: (Draft 2 r +„ - -.... ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X BONK ABRAMSON CHILDS DE LIMA DOMINGO HALE RATH ROSEHILL SCH[7TTE () ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X BONK-ABRAMSON X CHILDS X DE LIMA X DOMINGO X HALE RATH X ROSEHILL SCHUTTE X 7 2 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. AS'FgOVED !o PC'~~A •GALITY ..c,ailCN COUNSEL '!'=TY OF HAWAII ~ AWAY 1 7 1994 Approved/Bise}~yreved thisday of , 19 OR, CO OF HAWAII ~~ Bi11No.: 227 (Draft 2) Reference: Comm 950/PC-104 Ord. No.: ` ~