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HomeMy WebLinkAboutBIL 257 Draft 01 2004-2006OFFICE INFORMATION ONLY Meeting: Planning Committee — May 1, 2006 Action: Referred to the Planning Director and Commission; never taken up again. Re: Rill 257; Comm. 791 (2004-2006 term) COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 257 AN ORDINANCE AMENDING ORDINANCE NO. 84-36, WHICH AMENDED ORDINANCE NO. 566, AND WHICH MODIFIED A CONDITIdN TO THE DISTRICT RECLASSIFICATION FROM VILLAGE COMMERCIAL (CV -10) AND RESORT -HOTEL (V-1.25) TO GENERAL COMMERCIAL (CG -20) AT LANIHAU 1ST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: (3)7-5-004:010 AND 028, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this bill is to amend Ordinance No. 84-36 by deleting condition C to allow for the removal of physical barriers and the use of Ololi Road as a through street from Kopiko Street to Kuakini Highway. SECTION 2. Ordinance No. 84-36 is amended as follows: "SECTION 1. Section [25 89;] 25-8-5, Article [3 ] 8 Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to modify a condition to property reclassification in Ordinance No. 566, effective May 12, 1980, to read as follows: The district classification of the following area situated at Lanihau 1st, North Kona, Hawaii, shall be General Commercial (CG -20): (Area 1) Beginning at the Northwest corner of this parcel of land, being also the Northeast corner of Lot B (Tax Map Key: 7-5-04:34) and on the Southeasterly side of Palani Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" being 78.51 feet South and 548.88 feet West and running by azimuths measured clockwise from True South: Following along the Southeasterly side of Palani Road on a curve to the left with a radius of 5,779.60 feet, the chord azimuth and distance being: 2110 37' 50.3" 168.24 feet to a 1/2 inch pipe in concrete; Thence following along the Southeasterly side of Palani Road on a curve to the left with a radius of 5,779.60 feet, the chord 6. 570 36' 146.00 feet along Grant 2035 to J. L. Waiau to a azimuth and distance being: 2. 2090 06' 54" 339.22 feet to a 1/2 inch pipe in concrete; 3. 2070 26' 296.93 feet along the Southeasterly side of Palani to a 1/2 inch pipe; 8. 460 25' 30" Road to a 1/2 inch pipe in concrete; 4. 2320 56' 30" 442.71 feet along R. P.6851, L.C. Aw. 8452, Grant 1861, Apana 2 to Kahiamoe to a spike Apana 12 to A. Kehokalole (Certificate of 9. 430 59' 228.92 feet along the Southerly side of the Old Boundaries No. 45) to a 1/2 inch pipe in Honokohau-Kailua Road and Grant 1861, concrete; 5. 2940 11' 496.20 feet along the remainder of R. P. 7456, L. C. 31.83 feet along the Southerly side of the Old Aw. 8559-B, Apana 11 to Wm. C. Lunalilo Apana 2 to Kahiamoe to a 3/4 inch pipe in (Certificate of Boundaries No. 25) to a concrete; 11. 1310 56' 1/2 inch pipe in concrete; 6. 570 36' 146.00 feet along Grant 2035 to J. L. Waiau to a 1/2 inch pipe in concrete; 7. 450 56' 507.91 feet along Grant 2035 to J. L. Waiau and portion of Grant 1861, Apana 2 to Kahiamoe to a 1/2 inch pipe; 8. 460 25' 30" 297.29 feet along Parcel B and along the Southerly side of the Old Honokohau-Kailua Road and Grant 1861, Apana 2 to Kahiamoe to a spike in concrete; 9. 430 59' 228.92 feet along the Southerly side of the Old Honokohau-Kailua Road and Grant 1861, Apana 2 to Kahiamoe to a 1/2 inch pipe in concrete. 10. 360 29' 31.83 feet along the Southerly side of the Old Honokohau-Kailua Road and Grant 1861, Apana 2 to Kahiamoe to a 3/4 inch pipe in concrete; 11. 1310 56' 20.02 feet crossing over the Old Honokohau-Kailua Road and along the remainder of R. P. 7456, L. C. Aw. 8559-B, Apana 11 to Wm. C. Lunalilo (Certificate of Boundaries No. 25); -2- 12. 430 55' 44.73 feet along the Northerly side of the Old Honokohau-Kailua Road; 13. 460 04' 30" 118.62 feet along the Northerly side of the Old Honokohau-Kailua Road; 14. 1310 20' 30" 243.98 feet along Lot C and B and along the remainder of R. P. 7456, L. C. Aw. 8559-13, Apana 11 to Wm. C. Lunalilo (Certificate of Boundaries No. 25) to the point of beginning and containing an area of 11.822 Acres. (Refer to Area 1 as shown on Exhibit A.) The district classification of the following area situated at Lanihau 2nd, North Kona, Hawaii, shall be General Commercial (CG -20): (Area 2) Beginning at the South corner of this parcel of land, being also the East corner of Parcel B and on the North boundary of Grant 1854 to Ipunui, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" being 55.95 feet South and 392.10 feet East and running by azimuths measured clockwise from True South: 1. 1500 14' 250.37 feet along Parcel B and remainder of Grant 1861, Apana 2 to Kahiamoe; 2. 1310 11' 30" 144.69 feet along remainder of Grant 1861, Apana 2 to Kahiamoe; 3. 2250 56' 395.21 feet along L. C. Aw. 8559-B, Apana 11 to Wm. C. Lunalilo (Certificate of Boundaries No. 25); 4. 3420 00' 453.10 feet along Grant 2035 to Waiau; 5. 500 38' 246.81 feet along Grant 1854 to Ipunui to the point of beginning and containing an area of 2.814 Acres. (Refer to Area 2 as shown on Exhibit A.) All as outlined in red 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 petitioner or its authorized representative shall submit plans for and secure final plan approval for any proposed development for the subject area within one (1) year from the effective date of approval of the change of zone; (B) construction of -3- the proposed development shall commence within one (1) year from the date of receipt of final plan approval and be completed within two (2) years thereafter; [(C 4 o pie.-ef shall be ..ti,....donea c.._.we r r y =�_�=->-a P==�, Tsieal haF�ipr-1 rApAting with the appmval of the Depaftmen4 of Publie Works, shall be ] (C) the maximum height limit of any proposed structure(s) shall be three stories but not higher than 45 feet; and [(€)] n all other applicable rules, regulations, and requirements, including those of the Department of Water Supply and the State Department of Health, shall be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate zoning designation may be initiated." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. SECTION 6. This ordinance shall take effect upon the acceptance of the Kuakini Highway Improvements Project (Palani Road to Hualalai Road), Federal Aid Project No. STP -0110(1), County Job No. P-3278, is accepted by the County of Hawaii. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFRY:; f:: Gomm. 791 /INTRODUCE BY: N 1. 41��4 J — COUNCIL M BER, COUNTY O HAWAII me �+Nr �nwwco • ii•i�i♦Oi�i Oi•Oi♦i�i�p• •••moi•♦•iii• ��♦♦ii mit• / / Z = N F N SU HCTION 7.Oq -I , V LA6E COMMERCIAL 1 GV -10) TO GENERAL � Cdh'1M ERGIAL (CG-ZO) i AREA = ILBcZ ACRE6 j 5VO8 EGTION Zoq ( -�) RESORT - HdTEL (V-I.HS) TO GENERAL C_OMMEROIAL (CG-�c0) NOTE , Q P ROI.O 7` a� y 30NO CVYnNOQB. AMEFRNDMEN'r TO THE 7-MNiNG �apE AMeNOMENT NO. To SECTION 7.04, THE KAILUA URBAN ZONE MAP, ARTICLE al CHAPTER H ZONING cOOE) of THE HAWAII COUNTY COOS, AS AMENDED, f]-/ CHANGING TH1= DISTRICT CLASSIFICATION FROM VILLAGE COMMERCIAL (CV -10) AND RESOIQT- Hc�TEL (v-I.zS) TO GENERAL COMMr=RCIP.L (cG-zO) AT LANIHAU 1ST AND Zc,NO, NORTH MONA, HAWAII. OATS OP PUf3 LIC r1EARING = F`�B- 13, I^�BO �FF�=GYNE r_w.Tc OtQ �INANC7= NUMF3ER: FRc-nAR Eta Cy : PL ANIJ IIJG OC-I�AfQT7�1 L=NT COUIVT7 of HAWAII c nr�ib i-1 H.