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Home My WebLink AboutORD 2000-095 1998-2000 COUNTY OF HAWAII ~ STATE OF HAWAII a y~l~, r .fe L BILL NO. 283 (Draft 3) ORDINANCE NO. 00 95 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 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 hereinafrer 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 parcel 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 ]eft 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. NRH 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. '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. -2- 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 the easement off Anekona Street shall meet with the requirements of the Department of Public Works. P. A 10-foot wide planting screen easement along Kawaihae Road shall be provided, and no direct vehicular access to or from Kawaihae Road shall be permitted. G. 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. H. 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 mitigation measures have been taken. I. Restrictive covenants in the deeds of all the proposed residential 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(s) shall be recited in an instmment executed by the applicant and the County Planning Director 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. J. The applicants shall comply with all applicable laws, rules, regulations :tnd requirements of affected agencies for approval of the proposed subdivision within the subject property, including the Department of Health. K. 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. L. 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 far 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). -4- 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. M. Should any of the conditions not be net 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: J ~~c GG-C C~CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: August 9, 2000 Date of 1st Reading: August 9, 2000 Date of 2nd Reading: August 23, 2000 Effective Date: September 1, 2000 APPROVED AS TO FORJ'kI~A~N~D LEGALITY CORPORATION COUNSEL DATED: AU6 ~ G 2000 -5- 1 ?,276.13 N AGRICULTURAL TO RURAL ~-'„3z1.a~ w "PUU PA"~ b = o AREA = 5.0014 ACRES ~ o n AGf:ICL1LTIJRA~ AG~ICLILTUI.'AI. z - w ~ v ~ o KOWa~hae ~ V1 ~ to Wq~MEq P~. Kq k'AIHq f ~ z F ROgO Y 'Yy r° W°ime AGI:ICU~ruI:AL ° ~'D pur;Au - - ~ AGRICULTURAL ~r~' ~ f~~~~~i AN HOA ~J' Jy ~ri ~~0 PU AGR~ICULTIIRAL r er P.IIRAL i AGRICL1LfURAL RURAL ~ AGRI IILTLIR L RURAL - AGRICULTURAL " _ Stream r i AGRicuLruRAL ° F o r i m ~ y 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" (susr.N ~ sNE~ooN saENCER) Z OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii (praft 3) ROLL CALL VOTE ' ~ A{~S NOES ABS EX U' Introduced By: Bobby Jean Leithead-Todd Arakaki ~ X Date Introduced: August 9, 2000 Chung X FirslReading: August 9, 2000 ~ar3onoff X Published: N/A Jacobson X Leithead-Todd X REMARKS Pisicchio X Smith X Tyler X Yagong X 7 1 1 0 Second Reading: August 23, 2000 ROLL CALL VOTE To Mayor: August 25, 2000 AYES NOES ABS EX Returned: September 5, 2000 Arakaki X Effective: September 1, 2000 Se tember 18, 2000 Chung X Published: p Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. r APPROVED AS T FORM Ail' CORPORATION COUNSEL COUNTY OF HAWAII ~ CF. (IL CHAIRMAN Date AUG C 2CG~3 `t, COUNTP CLERK Approved/~//e~,~a~l+~err~d this / ~ day ~f /J~-~ , 20 d'~ BillNo.: 283 (Draft 3) V " MAYOR, CO( TYOFHAWAII Reference: ~C-78S473s.002/PC-108 Ord. No.: yy~