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Home My WebLink AboutORD 1999-078 1998-2000 r,,,. CO~JNTY OF HAWAT~. ~ STATE OF HAWAII . .q : y ~_z :a BILL NO. ~F (Draft 2) ORDINANCE NO. ~9 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 6-2-11:27. 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 azea situated at Ouli, South Kohala, Hawaii, shall be Residential and Agricultural (RA-2a): Beginning at the Northwesterly comer of this pazcel of land, being also the Northeasterly corner of Lot 28 of Anekona Estates and being a point on the Southerly end of existing Easement 22 for Road and Utility Purposes, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 10,780.59 feet North and 17,733.00 feet West and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the remainder of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa: Thence, following along Lot 30 of Anekona Estates, and along the Southerly end of existing Easement 22 for Road and Utility Purposes on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being: 1. 224° 12' 03" 61.99 feet to a point; 2. 274° 38' 279.53 feet along Lot 26 of Anekona Estates to a point; 3. 339° 33' 473.85 feet along Lot 26 of Anekona Estates to a point; Thence, for the next two (2) courses following along Government Land (State of Hawaii) and along the middle of Keanuiomano Stream, the direct azimuths and distances being: 4. 68° 07' 30" 196.62 feet to a point; 5. 74° 06' 10" 293.36 feet to a point; 6. 177° 44' 576.19 feet along Lot 28 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa to the point of beginning and containing an area of 5.002 Acres, more. or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a pazt hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, 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 properly shall be secured from the Planning Director. -2- E. Access to the subject property from Kanehoa Street shall meet with the 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 finds that sufficient mitigative measures have been taken. H. The applicant 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 -3- be filed with the Planning Department upon its receipt from the Bureau of Conveyances. 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 Duector 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 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 year may be extended for up to one additional yeaz). 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. -4- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~L MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: May 25, 1999 Date of 1st Reading: May 25, 1999 Date of 2nd Reading: June 8 , 1999 Effective Date: June 24, 1999 APPROVED AS TO FORM AND LEGALITY ~ . CORPORATI/ONjC~/OUNSEL DATED: ~ < -5- A-40a 0 A-90a ~ oN o z . w A''~a ~ A_3a ~ o ~ to K'' ~ A-3a WA('WEA A - a A-5a KAK, P4 AlI1A Rp i ~i A-5a AO A-la A-5a 9 ~o k'p;~ Dp .1:,-.` A-5a ~ - li r 't1 A-5a ~ i 1 RA-2a ~ l ) 1 l A-5a A-5a A-5a A-la - - A' S a ~ . _ _ 10.780.59 N scream 7 7,733.00 W "PUU PA"~ AGRICULTURAL (A-Sa) TO A-5a RESIDENTIAL AND AGRICULTURAL (RA-2a) A-5a AREA = 5.002 ACRES , o , e ~ F ~ o i c i o , ~ ' yr AMENDMENT TO THE ZONING CODE CHAPTDERG25E(ZONINGSCODE) (0~ THE HAWAI~ COUNTY CODE,ISBYI CHANG NG MHE) DISTRICT 8, CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-20) AT OULI, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-2-17:27 MARCH 19, 1999 (R09ERT P. MMx) EXHIBIT "A" MSY O~_~I 9 '?J•u- ~ William G.Davi Stephen K. Yamashiro ,j ~ Mamging Dir¢tar Mayor ~ Henry Cho ?•h'e~ wi'MJ Dryufy Managing Dire ~LIriC1T~~1 ICI £UttitT 25 Aupuni Street, Room 215 Hilo, Hawaii 967201252 (908)961-8211 • Fax (808) 9616553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawau 96740 (808) 329-5226 Fax (808) 32(x5663 June 17, 1999 co ~7 O~ c Mr. Alan S. Konishi County Clerk ~y County of Hawaii o ~ ~ m 25 Aupuni Street ~ ~ (T Hilo, Hawaii 96720 ~ ~ ~ c"' C' z - cn Dear Mr. Konishi: Pursuant to Section 3-12 of the County Charter, I am retunvng Bill 64, Draft 5 and Bill 66, Draft 2 to you, so that they might become law without signature. My concern is based upon the opinion of the Corporation Counsel that parts of these bills constitute contract zoning and attempt to impose conditions which can not be enforced. Sincerely, hen K. biro Mayor SKY:ch Enclosures FGcommZ:a/AKonishiBilLs.ltr ` OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii ~Lr L-~~J~~~ (DRAFT 2) L-l~ ROLL ~ L T AYES S ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X COIJ~ J?'Y CLE Date Introduced: May 25 1999 Chung X U / First Reading: MaY 25 1999 Elarionoff X Published: NiA Jacobson X Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 Second Reading: June 8 1999 ROLL CALL VOTE To Mayor. Jtute 14 1999 AYES NOES ABS EX Returned: June 23, 1999 Arakaki X Effective: Jtme 24 1999 Chung X Published: July 6, 1999 Elarionoff X 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 was adopted by the County Council published as indicated above. APPROVED AS TO FOR A AND LEGA IT . u n ~ , PUTY CORPORATION COUNSEL COUNTY OF HJAWAII COUNCt CHAIRMAN Date 1 ~ 1~'~~(~'' CO NT L 'RK Approved/Disapproved thrs dpl' of 19 BiIINo.: 66 (Draft 2) MAYOR. C'OUNTYOFHAWAII Reference: C-245/PC-25 Ord. No.: ~