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Home My WebLink AboutBIL 266 Draft 01 2004-2006 ~~JJM<Y O~ y J•'~~ COUNTY OF HAWAII STATE OF HAWAII .'~.N'i~ BILL NO. 266 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL (CN-10) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AT KALAOA 5`h, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-61 a-10, 17, 18, 20-22, POR. 11, 12, 19, 24-26, 50, 53, 54. BE [T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Single Family Residential (RS-] 0): Beginning at the Southwesterly corner of this parcel of land, along the Northerly side of Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,657.68 feet South and 20,806.56 feet West, and running by azimuths measured from true South: 1. 202° 10' 00" 650.94 feet along the remainder of Lot R-3 of Pu`uhonua Subdivision -Phase II, Increment 1-A (File Plan 2327), being also along the remainder of Grant 2972 to Kaapau and Kama; 2. 292° 10' 00" 510.00 feet along the remainder of Lot 12 of Pu`uhonua Subdivision -Phase II, Increment 1-A (File Plan 2327), being also along the remainder of Grant 2972 to Kaapau and Kama; -I- 3. 22° 10' 00" 483.79 feet along the remainder of Lot 12 of Pu'uhonua Subdivision -Phase II, Increment 1-A (File Plan 2327), same being also along the remainder of Grant 2972 to Kaapau and Kama; 4. 94° O1' 14" 536.69 feet along the Northerly side of Homestead Road to the point of beginning and containing an area of 6.643 Acres. 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, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. 1. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. Restrictive covenants in the deeds of all lots within the subject area 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 within one year from the effective date of this ordinance. A copy of the approved covenants shall be recited in an instrument executed by the applicant and the County and recorded with the -2- Bureau of Conveyances for any portion of the subject property(ies). A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. 3. 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 - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- SHPD when it finds that sufficient mitigation measures have been taken. 4. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 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: J~~ ' COUNCIL BER, COUNTY HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- _~n Q-~ y. a A-Sa - RS-10 A-5a z ~ f F- i. `r- - - f ~ i w - I ~S' ia. - I ~ a; i - ~ I_~ --i i i_ i I I... ~ I i -I i i I_. _ _ j_ - - i _ A-5a I. aI tKEIrA~l N~1NIiSTi i-- i I_ i nl , w I r ~ i xl i~i-I-1-i 1 ir_ i i-- r i- -~~.~Q ~ i l_ : lik i I ~ - - q / RSi 10 R4 ~ - ~ ks,ho RM 7ss~sa s - ~ 2p,80&.56 W "tAf)ANUTAHEA"C~ RM-4 RM-4 y. !NAPA E T~'~ A-Sa S~ ~ ~ / ' COMMERCIAL NEIGHBORHOOD (CN-10) ,NA° nIST ~ TOSJNGl.6FAMILYRESIDENTIAL(RS~10~ - 6.643 ACRES A-Sa h~ RM-4. A-Sa Q- RS-10 RM-4 - 710 355 0 710 1 420 2130 2 840 3 550 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL (CN-10) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AT KALAOA 5th, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 7-3-061:001-010, 17, 1 Q 20-22, and Portions of 11, 12, 19, 24-26, 50, 53 and 54 Date' December 21, 200 EXHIBIT "A" (Sonny Ventures, LLC 1189)