HomeMy WebLinkAboutBIL 066 Draft 02 1998-2000• •
COUNTY OF HAWAI �;. '`:. STATE OF HAWAII
BILL NO. 66
ORDINANCE NO.
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 -5a) TO RESIDENTIAL AND AGRICULTURAL (RA -2a) AT OULI,
SOUTH KOI-IALA, 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 area situated at Ouli, South Kohala,
Hawaii, shall be Residential and Agricultural (RA -2a):
Beginning at the Northwesterly corner of this parcel 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 Award 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;
(Draft 2)
2. 274° 38' 279.53 feet along Lot 26 of Anekona Estates to a
point;
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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 Award 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 part 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
property shall be secured from the Planning Director.
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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.
L Restrictive covenants in the deeds of all t proposed lots w ithin the subject
property shall prohibit the construction of a second dwelling unit
on each lot. A copy of the proposed covenant(s) to he recorded
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Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant
shall he recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances for any
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portion of the subiect proper y. A copy of the recorded document
Shall be filed with the Planning Department upon its receipt from
the Bureau of Conveyances.
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]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:
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 year may be extended for up to one additional year).
[K]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
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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:
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date.
REFERENCE: Comm.
area to its original or more appropriate designation.
May 25, 1999
May 25, 1999
June 8, 1999
245.001
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
OUNCIL MEMBER, COUNTY OF HAWAII
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