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HomeMy WebLinkAboutBIL 220 Draft 01 2022-2024COUNTY OF HAWAI‘I  STATE OF HAWAI‘I  BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL – 10,000 SQUARE FEET (CN-10) AT HŌLUALOA, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY: 7-7-009:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 25-8-6, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Hōlualoa, North Kona, Hawai‘i, shall be Neighborhood Commercial – 10,000 square feet (CN-10): Beginning at a 1/2 inch pipe (found) at the Westernmost corner of this parcel of land, being also the Southwesterly corner of Lot 9 of Sunset View Terrace Lots – Unit 1 and being a point on the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229(1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 14,230.14 feet South and 11,122.36 feet East and running by azimuths measured clockwise from True South: 1. 244º 11' 133.33 feet along Lot 9 of Sunset View Terrace Lots – Unit 1 and along the remainder of Land Patent 8289, Land Commission Award 7228 to Loe to a 3/4 inch pipe (found); 2. 334º 11' 158.05 feet along Lot 33 and Lot 34 of Sunset View Terrace Lots – Unit 1 and along the remainder of Land Patent 8289, Land Commission Award 7228 to Loe to a 3/4 inch in concrete (found); 3. 93º 00' 140.35 feet along the Northerly side of Sunset Drive to a nail (found); Thence, following along the Northerly side of Sunset Drive on a curve to the right a radius of 20.00 feet, the chord azimuth and distance being: 4. 123º 35' 30" 20.36 feet to a 1/2 inch pipe (found); 5. 154º 11' 72.88 feet along the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229(1)) to the point of beginning and containing an area of 16,161 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY:                                                                                 COUNCIL MEMBER, COUNTY OF HAWAI‘I                               , Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: