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Home My WebLink AboutBIL 283 Draft 01 1998-2000 COiJNTY OF HAVVA~I ~ ~ STATE Off' HAWAII BILL NCI. 283 ORDINANCIE 1V0. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT 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 6-2-11:36. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL 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 northeast corner of this pazcel of land, being the north corner of Road Lot "A" and on the southerly side of Kawaihae-Waimea Road (F.A.P. NRH 11-C), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 12,276.13 feet North and 17,321.87 feet West, thence running by azimuths measured clockwise from True South: 1. Following along Road Lot "A", along a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 331° 23' 40" 42.43 feet; 2. 16° 23' 40" 45.00 feet along Road Lot "A"; 3. Thence along Road Lot "A", along a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 5° 24' 08.5" 133.47 feet; 4. Thence along Lot 33, along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 45° 42' 18.5" 31.22 feet; 5. 97° 00' 708.64 feet along Lot 33; 6. 182° 20' 357.03 feet along Lot 33; 7. Thence along Kawaihae-Waimea Road (F.A.P. NRH 11-C), along a curve to the right with a radius of 1,116.00 feet, the chord azimuth and distance being: 284° 26' 40" 75.95 feet; 8. 286° 23' 40" 669.80 feet along Kawaihae-Waimea Road (F.A.P. NR.H 11-C) to the point of beginning and containing an area of 5.0014 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. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director. -2- D. Access to the subject property from the easement off Anekona Street shall meet with the requirements of the Department of Public Works. E. A 10-foot wide planting screen easement along Kawaihae Road shall be provided, and the property's frontage on Kawaihae Road shall be marked "No Access Permitted." F. At the time improvements at the Route 19/Anekona 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 azchaeological clearance from the DLNR-HPD when it finds that sufficient mitigation 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. -3- 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 aze beyond the control of the applicants, its successors or assigns, and that aze not the result of their fault or negligence. 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 yeaz). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. _ 843 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- 12,276.13 N AGRICULTURAL TO RURAL ' 7.321 .a~ w "PUU PA°~ o AREA = 5.0014 ACRES AGRICULruRAL ° AGRICULruRA~. w 1o Kow lhae fY o ~ ti- ~n WgIMEA p~. - - KAWgIHgE n _r x v Ro4p r ti c AGRICULTURAL ro~'amep no RURAL AGRICULTURAL ~w A ~J i V ~ ~J G~ AGR~ICUITIJRAL r r RURAL r ~ L i 1 AGRICULTURAL RURAL ~ N_ AGRI ULTUR L d RURAL A G R I C U L T U R A L = Stream AGRICULTURAL o r m ~ F ~ o i a i r i v b r i AMENDMENT TO THE STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAP, H-14 ,FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT OULI, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 6-2-11:36 JUNE 6, 2000 EXHIBIT "A" (susaN a< sHE~ooN sPSNCEa>