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Home My WebLink AboutORD 1999-050 1998-2000 a COUNTY OF HAWAZ K ~ STATE OF HAWAII . BILL NO. 12 (Draft 2) - ORDINANCE NO. 99 50 AN ORDINANCE 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-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:6. 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 Southwesterly comer of this parcel of land, being also the Southeasterly corner of Lot 5 and being a point on the Northerly side of Road Lot "B" of Anekona Estates, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,120.02 feet North and 16,049.54 feet West and running by azimuths measured clockwise from True South: 1. 196° 23' 40" 750.00 feet along Lot 5 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa to a point; 2. 286° 23' 40" 222.82 feet along the Southerly side of Kawaihae-Waimea Road (F.A.P. No. NRH 11-C) to a point; 3. 5° 39' 735.72 feet along Lot 7 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; Thence, following along the Northerly side of Road Lot "B" of Anekona Estates on a curve to the right with a radius of 1,550.00 feet, the chord azimuth and distance being: 4. 101 ° O 1' 20" 290.24 feet to a point; 5. 106° 23' 40" 71.02 feet along the Northerly side of Road Lot "B" of Anekona Estates to the point of beginning and containing an azea of 5.0001 Acres. All as shown on the map attached hereto, mazked 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 within five (5) years from the effective date of the Change of Zone ordinance. E. Access to the subject property from Kanehoa Street shall meet with the -2- requirements of the Department of Public Works. F. At the time improvements at the Route 19/Anekona Street intersection are 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 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 fords 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. Restrictive covenants in the deeds of all the proposed lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. -3- 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 requirements of the Unified Impact Fees Ordinance. 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 applicants, its 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 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 yeaz may be extended for up to one additional year). L. 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: / " CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: April 6, 1999 Date of 1st Reading: April 6, 1999 Date of 2nd Reading: April 21, 1999 Effective Date: May 4, 1999 P VED AS TO F AND LEGALITY S lac,,, : CORPORA ION COUNSEL w DATED: y~~~9 -5- A-40a AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) ~ ~ A - ~ O a o AREA = 5.001 ACRES z = w - ~ v A-90a ~ rn A-3a A-3a ~r A-3a P~. / A-5a / K'4 i'N A F i KgW'4iH4i r `moo r "col, A-5a q 4 A-5a 1 1 , 1 20.02 N 16,049.54 W "PUU PA"~ KAN H 4 _ r - ~l i A-5a - i A-5a KLD ..gym _ ~-~~r e /nJ~° _ _ A-5a A-5a ,~4 WdI~.O~Od . ~ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE B, 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. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-2-11:06 DECEnn B=P t, 7998 fuiCNnE~ + .y iH~r v EwiMGiO) EXHIBIT "A" OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii (DRAFT 2). ROLL CALL VOTE AYES NOES ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X Date Introduced: April 6 1999 Chung X -First Reading: April 6 1999 Elarionoff X Published: N/A - Jacobson X ' Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 Second Reading: April 21 1999 ROLL CALL VOTE To Mayor: April 23 1999 AYES NOES ABS EX Returned: May 4 1999 Arakaki X Effective: MaY 4, 1999 Chung X Published: MaY 19, 1999 (HTH & WHT) Elarionoff X May 24, 1999 (RFD Publications) Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 1 DO HEREBY CERTIFY that the,foregoing BILL >1~as adopted by the County Council published as indicated above. APPROVED AS TO ~~EGAL Y; . DEPUTY CORP RATION COUNSEL COUN(T~Y/OF HAAWAII CO C/L tRMAN Date 11 Z¢/r COU K Approi~ecUBiserrpr+'^'~this ~ dam' BiIINo.: 12 (Draft 2) }'OR. COU YOF2•HA•.W1A11 Reference: C-44.02/PC-8 ord. No.: 99 5