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Home My WebLink AboutBIL 268 Draft 01 1994-1996ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-95B (UPOLU POINT - KAAUHUHU HOMESTEAD ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO AGRICULTURAL (A -3a) AT KAHEI, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-01:119. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95B, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as � Y follows: The district classification of the following area situated at Kahei, North Kohala, Hawaii, shall be Agricultural (A -3a): Beginning at the Southeast corner of this parcel of land, on the West side of Homestead Road, being also the Northeast corner of Lot 8-13 (Map 9) of Land Court Application 1122, the coordinates of which referred to Government Survey Triangulation Station "PUU O NALE" being 2,189.67 feet North and 5,888.04 feet East and running by azimuths measured clockwise from true South: 1. 500 16' 30" 29.33 feet along Lot 8-B (Map 9) of Land Court Application 1122; 2. 800 16' 30" 352.56 feet along Lot 8-B (Map 9) of Land Court Application 1122; 3. 820 13' 35.97 feet along Lot 8-13 (Map 9) of Land Court Application 1122; 4. 1700 18' 45" 294.59 feet along Lot 8-13 (Map 9) of Land Court Application 1122; In 5. 1000 59' 16.48 feet along Lot 8-B (Map 9) of Land Court Application 1122; 6. 770 49' 148.35 feet along Lot 8-B (Map 9) of Land Court Application 1122; 7. 1410 34' 41.54 feet along Lot 8-B (Map 9) of Land Court Application 1122; 8. 1390 07' 478.00 feet along Lot 8-B (Map 9) of Land Court Application 1122; 9. 2290 02' 198.55 feet along Grant 4817 to Manuel Assencao; 10. 2560 45' 210.26 feet along Lot 8-E-2 (Map 10) of Land Court Application 1122; 11. 3510 55' 1511 526.93 feet along Lots 8-E-2 and 8-E-3 (Map 10) of Land Court Application 1122; 12. 2590 39' 203.02 feet along Lot 8-E-3 (Map 10) of Land 122; Court Application 1122; 13. 13. 3500 43' 18.49 feet along Lot 8-E-3 (Map 10) of Land Court Application 1122; 14. 2600 50' 4511 286.74 feet along Lot 8-E-3 (Map 10) of Land Court Application 1122; 15. 2760 04' 41.01 feet along Lot 8-E-3 (Map 10) of Land Court Application 1122; 16. 2970 31' 25.96 feet along Lot 8-E-3 (Map 10) of Land Court Application 1122; 17. 3200 50' 42.07 feet along Lot 8-E-3 (Map 10) of Land Court Application 1122; 18, 520 38' 14.83 feet along the Northwesterly side of Homestead Road; 19. 100 10, 202.80 feet along the West side of Homestead Road; In 20. 30 20' 3 5.99 feet along the West side of Homestead Road to the point of beginning and containing an area of 6.493 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, 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 Agricultural District. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. Plans should reflect the 5 -foot wide future road -widening strip fronting the subject property. D. The pavement width of the Homestead Road fronting the subject property shall be widened to 20 feet for the entire frontage of the subj ect property prior to securing Final Subdivision Approval. As agreed to by the applicants, in lieu of providing actual roadway improvements, the applicant shall contribute their fair share towards infrastructural improvements prior to Final Subdivision Approval. The applicants shall provide the amount of the fair share contribution for review and approval by the Department of Public Works. -3- R f ,# E. The applicants shall dedicate a 5 -foot wide future road -widening strip of land fronting the subject property, beyond the existing 40 -foot wide right-of-way, to the County of Hawaii in accordance with the Subdivision Code requirement. The applicants shall dedicate said future road -widening strip to the County of Hawaii in accordance with the Department of Public Works. F. Should any remains of historic sites, such as rock walls, terraces, platforms, marine smell 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. G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the easements of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. H. 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 applicant, successors or assigns, and that are not the result of their fault or negligence. in 4 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). I. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the 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: COUNCIL MEMBER,, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 1156 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- A - 20a 3. �o �v A -20a A -ZOa A - 20a A - 20a �° �O K O HA LA MT. To Kvmueiv RD. ' A -20a 2C)a -=KYNNERSLEY P A 5 A- 5a A -3a A -ZOa A -3a AGRICULTURAL (A -5a) TO ( , AGRICULTURAL (A -3a) AREA: 6.439 ACRES Q Q� A -3a A -3a A -20a IFA - 20a A -5a m k O Z A -3a V A -20a A - 20a A - 20a HOMESTEAD A- 5a A - 20m A -gin I I A -3a A - 20a rA- O p,0 A -5a A -20a A - 5s A -5a A - 20a �4 A - 5s .7 A 20a A - 20a A - 20a A -3a A -5a A -5a A -20a II A -20a I 2,1 89.67 N 5,888.04 E A -20a " PUU O NALE" AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-95B (UPOLU POINT — KAAUHUHU HOMESTEADS ZONE MAP) ARTICLE 3,CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO AGRICULTURAL (A -3o) AT KAHEI, NORTH KOHALA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 5-5-1:119 'kHIBIT "A" MARCH 4, 1995 ' (ROBERT KARPOACH)