HomeMy WebLinkAboutORD 2006-085 2004-2006 ~tv os q
COUNTY OF HAWAII STATE OF HAWAII
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~'6 85BILI. NO. z66 _
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"', NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-61:1-10,
17, 18, 20-22, POR. 11, 12, 19, 24-26, 50, 53, 54.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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-10):
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;
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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° Ol' 14" 536.69 feet along the Northerly side of Homestead
Road to the point of beginning and
containing an azea 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, platfonns,
marine shell concentrations or human burials be encountered, work in the
immediate azea 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:
7 1`
COUNCIL BER, COUNTY HAWAII
Hilo ,Hawaii
Date of Introduction: May 17 , 200 6
Date of 1st Reading: May 17, 2006
Date of 2nd Reading: June 5 , 200 6
Effective Date: June 16, 2006
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710 355 0 710 1 420 2 130 2 840 3 550
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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, 18, 20-22, and Portions of 11, 12, 19, 24-26, 50, 53 and 54 Date . December 21, 200
EXHIBIT "A" (Sonny Ventures, LLC.1189)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: K. Angel Pilago ROLLCALLVOTE
Datclntroduced: May 17, 2006 ~G,.d ~ ~;ti~A~S '~N SC ABS EX
First Reading: May 17, 2006 Arakaki X
Published: N/A _ Higa ~ X
Hoffmann X
REMARKS. Holschuh X
Ikeda X ~
Isbell X
Jacobson X
~ Pilago X
Safarik X
8 0 1 0
Second Reading: June 5, 2006
To Mayor: June 7, 2006 ROLL CALL VOTE
Returned: _June 16, 2006 AYES NOES ABS EX
Effective: Jung 16, 2006 Arakaki X
Published: __June 23, 2006 Higa X
Hoffmann X
KEM.4RKS: Holschuh X
Ikeda X
Isbell X
- Jacobson X
Pilago X
_
Safarik X
9 0 0 0
L DO HEREBY CERTIFY (hat the, foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AN LE LITY:
COUNCIL AIRMAN
D UTY CORPORATION COUNSEL
COUNTY OF HAWAII
~ COUNTY CLERK
Date
266
Bill No.:
l~ C-817/PC-68
.4pprov 'Die~approved ~hrs_ day Reference:
Ord No.: ~ 6 85
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