HomeMy WebLinkAboutBIL 096 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 96
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE
MAP), ARTICLE 8, CHAPTER 25 (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 6-2-9:10.
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, 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 (RA-2a):
Beginning at the Northwesterly comer of this parcel of land being the
Northeasterly corner of Lot 12, File Plan 1845 along the Southerly side of Kanehoa
Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "Puu Pa" being 11,223.25 feet North and 11,380.33 feet West,
thence running by azimuth measured clockwise from True South;
1. 274° Ol' 40" 298.61 feet along the Southerly side of
Kanehoa Street;
2. 9° 52' 00" 750.24 feet along the Westerly side of Lot 8,
File Plan 1845 to the middle of
Keanuiomano Stream;
Thence along the middle of
Keanuiomano Stream in all its
windings for the next two courses,
the direct azimuth and distance
being:
3. 64° 27' 29" 223.43 feet;
4. 90° 09' 47" 116.63 feet;
5. 189° 52' 00" 868.97 feet along the Easterly side of
Lot 12, File Plan 1845 to the point of
beginning and containing an azea of
5.588 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 applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, 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 Use Rural District.
C. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
D. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director.
E. Access to the subject property from Kanehoa Street shall meet with the
requirements of the Department of Public Works.
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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 determined by the
Planning Director in 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-
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.
H. The applicants 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. 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 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 applicants, its successors or
assigns, and that are not the result of their fault or negligence.
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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 may be extended for up to one additional year).
5. If the applicants should require an additional extension of time, the
Planning Director shall submit the applicants' request to the County
Council for appropriate action.
K. Should any of the conditions not be met or substantially complied with in a
timely fashion, the 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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C CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date: 344
REFERENCE: Comm.
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AGRICULTURAL (A-5a) A - eoa
TO RESIDENTIAL AND
AGRICULTURAL (RA-2a) = o
AREA = 5.588 ACRES ~
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1 1 ,223.25 N
1 1 ,380.33 W
A - 5a ~~PUU PA"Q
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RA-2a
A-5a
A - 5a
A-5a
KEPNUIO MANO STREAM
A - 5a
WAIKO LOA
STREAM A - 5a
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-2a)
AT OULI, SOUTH KOHALA, HAWAII.
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-2-09:10 MARCH 26,1999
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