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Home My WebLink AboutORD 1998-072 1996-1998M `per • ' ��i•\ w_ COUNTY OF HAWA: 'STATE OF HAWAII ''►'�'`' BILL NO. 242 (Draft 2) ORDINANCE NO. 98 d 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 -5a) TO RESIDENTIAL AND AGRICULTURAL (RA -2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-9:25. 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 northeast corner of this parcel of land, being the north corner of Lot 22 on the southerly side of Lot 30 (road lot), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,415.79 feet North and 13,168.83 feet West, thence running by azimuths measured clockwise from True South: 1. 90 52' 542.62 feet along Lot 22; 2. 940 01' 40" 494.10 feet along Lot 26; 3. 1890 52' 413.13 feet along Lot 26; 4. Thence along Lot 26, along a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 2310 56' 50" 13.40 feet; 5. 2740 01' 40" 254.31 feet along the Lot 29 (road lot); 6. Thence along Lot 29 (road lot), along a curve to the left with a radius of 250.00 feet, the chord azimuth and distance being: 2460 10' 41" 233.58 feet; 7. Thence along Lot 30 (road lot), along a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 2570 39' 51" 38.03 feet to the point of beginning and containing and area of 5.000 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 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. -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 the improvements at the Route 19/Kanehoa Road 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 archaeological clearance from the DLNR-HPD when it finds 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. 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 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- 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 year 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 declared invalid, such invalidity shall not affect the other parts of this ordinance. -4- 0 n SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: June 1, 1998 Date of 1st Reading: June 1, 1998 Date of 2nd Reading: June 16, 1998 Effective Date: July 2, 1998 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- 11 AGRICULTURAL (A -5a) A -40a TO RESIDENTIAL AND AGRICULTURAL (RA -2a) AREA = 5.00 ACRES C:) n z� w A -3a A -40a g Kawal ae N K e ui w —an. A -5a Ak5a A -5a A -5a A -5a Y, 1 1 415.79 N 13,168.83 W "PUU PA' A A -5a A- 5a — -- —-------5-re,ram --- /---'-----�"-� Walkoloa A -5a AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING COR CUL URAL (F THE A -5a) TO COUNTY RESIDENTAL BAND CHANGING AGRICULTURA DISTRICT CLASSIFICATION FROM AG ( ) AT OULI, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK . 6-2-9.25 MARCH 31, 1998 EXHIBIT „An (REZ) (DR. WILLIAM & PATRICIA BERLIN) � � �iz- Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Bobby Jean Leithead-Todd June 1, 1998 June 1, 1998 N/A Second Reading: June 16, 1998 To Mayor: June 19, 1998 Returned: July 2, 1998 Effective: July 2, 1998 Published: July 10, 1998 REMARKS: (DRAFT 21 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Dote .JUN 2 3 1998 Approved/ ed this day ?�, RMAN of 19 , COUNTY CLERK Bill No.: 242 ( Draft 2 ) Reference: C-831.01/rPyC-119 Ord. No.: 98 s 2 {ZOL1 'CA Vi�ffi AYES , - - NOES ABS EX Arakaklki U; ` , i Chung X Leithead-Todd X Ray x Reynolds X Santangelo X Smith x Tyler X Yagong I x 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Dote .JUN 2 3 1998 Approved/ ed this day ?�, RMAN of 19 , COUNTY CLERK Bill No.: 242 ( Draft 2 ) Reference: C-831.01/rPyC-119 Ord. No.: 98 s 2 ROLL CALL VOTE AYES NOES ABS. EX Arakaki X Chung X Leithead-Todd x Ray X Reynolds x Santangelo x Smith x Tyler X Yagong I X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Dote .JUN 2 3 1998 Approved/ ed this day ?�, RMAN of 19 , COUNTY CLERK Bill No.: 242 ( Draft 2 ) Reference: C-831.01/rPyC-119 Ord. No.: 98 s 2