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Home My WebLink AboutORD 1972-540BILL NO, 938 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. `~'~Q AN ORDINANCE AMENDING SECTION 7,241 THE KA'U DISTRICT ZONE MAP, ORDINANCE NO, 63 (ZONING ORDINANCE), REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESORT-HOTEL (V-1,5) IN NINOLE AND WAILAU, KA'U, HAWAII, COVERED BY PORTIONS OF TAX MAP KEY 9-5-19, BE IT ORDAINED BY THE COUNTY COUNCIL IN AND FOR THE COUNTY OF HAWAII: SECTION 1, Section 7.24 of Ordinance No, 63 (Zoning Ordinance), Revised Ordinances of the County of Hawaii 1967, as amended, is hereby further amended by adding thereto the following subsection: "7.24 (d). The district classification of the following areas situated at Ninole and Wailau, Ka'u, Hawaii, shall be Resort- Hotel (V-1,5): Beginning at the northeast corner of this parcel of land on the boundary between lands of Ninole and Wailau and on the southerly side of proposed Ninole Loop Road, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 3,414,80 feet South and 2,432,49 feet East and running by azimuths measured clockwise from true South: 1. 3100 22' 432,70 feet along Land Commission Award 7715, Apana 15 to Lot Kamehameha; 2. 480 47' 208,81 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District boundary); 3. 700 30' 127,00 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 4, 62° 40' 96,00 feet remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 5. 780 20' 215,00 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 6, 550 05' 232.00 feet along remainder of Grant 828 to Kekaula (along State Land Use (Commission's Conservation District Boundary); 7. 68° 25' 200,00 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 8, 75° 30' 368,00 feet along remainders of Grant 828 to Kekaula, Grant 821 to Holoua, Land Commission Award 8979, Apana 1 to Kekapaa and Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); 9, 270 30' 275,50 feet along remainder of Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); 10, 540 00' 92,34 feet along remainder of Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); thence along edge of Ninole Fish. Pond, the direct azimuth and dis- tance between points at said edge of Pond being: 11, 680 10' 132,67 feet; 12, 910 25' 498,28 feet along remainder of Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); 13, 2580 35' 116.13 feet along remainder of Grant 821 to Holoua (along southeasterly side of proposed Hotel Access Road); thence along remainder of Grant 821 to Holoua (along southeasterly side of proposed Hotel Access Road) on a curve to the left with a radius of 300,00 feet, the chord azimuth and distance being: 14, 2350 OS' 239,25 feet; 15, 211° 35' 226.00 feet along remainder of Grant 821 to Holoua and Land Commission Award 7721, Apana 1 to Makaha (along the southeasterly side of proposed Hotel Access Road); thence along remainder of Land Commission Award 7721, Apana 1 to Makaha and Land Commission Award 8758, Apana 1 to Kaiolani (along the southeasterly side of proposed Hotel Access Road) on a curve to - 2 - the left with. a radius of 1,245.00 feet, the chord azimuth. and dis- tance being: 16. 208° 17' 30" 142.97 feet; thence along remainders of Land Commission Award 8785, Apana L to Kaiolani, Grant 821 to Holoua, Grant 828 to Kekaula and Land Commission Award 7313 to Kaawa (along the southeasterly side of proposed Hotel Access Road) on a curve to the right with a radius of 950.00 feet, the chord azimuth. and distance being: 17. 217° 10' 400,44 feet; 18. 2290 20' 118.85 feet along remainder of Land Commission Award 7313 to Kaawa (along the southeasterly side of proposed Hotel Access Road); thence along remainders of Land Commission Award 7313 to Kaawa and Grant 828 to Kekaula (along the southeasterly side of proposed Hotel Access Road) on a curve to the left with a radius of 317.45 feet, the chord azimuth and dis- tance being: 19, 209° 35' 214.54 feet; thence along remainder of Grant 828 to Kekaula (along the southeasterly side of proposed Hotel Access Road) on a curve to the right with a radius of 57.00 feet, the chord azimuth and distance being: 20. 2340 50' 80.61 feet; 21. 2790 50' 244.69 feet along remainder of Grant 828 to Kekaula (along the southerly side of proposed Ninole Loop Road); thence along remainder of Grant 828 to Kekaula (along southerly side of proposed Ninole Loop Road) on a curve to the left with a radius of 780.00 feet, the chord azimuth and distance being: 22. 2600 20' 520.74 feet; thence along remainder of Grant 828 to Kekaula (along southerly side - 3 - of proposed Ninole Loop Road) on a curve to the left with. a radius of 420,00 feet, the chord azimuth and distance being: 23, 2370 14' 58" 52,51 feet to the point of beginning and containing an area of 20,985 acres. "A11 as outlined in red on the map attached hereto, marked Exhibit "A" and by reference made a part hereof," SECTION 2, Section 1 of this ordinance shall take effect forthwith upon the conditions that (A) the area be serviced by a sewer system of such. design and capacity and meeting such standards and criteria as shall be required or imposed by the ordinance of the County and by other appli- cable laws; (B) there be a water system provided which. is capable of servicing the area and which is according to the standards of the Depart- ment of Water Supply; (C) all other applicable regulatians be complied with; (D) any future rezoning in the area will be considered after sub- stantial development has occurred in the rezoned area, Substantial development is defined as building permits issued, and ground broken on permanent structures on twenty-five (25) per cent of the zoned area for hotel development, For the purpose of computing the per cent of develop- ment of the first increment, it shall be understood to include the total acreage and units involved in any planned hotel or apartment, in addi- tion to, but not limited to the building site, amenities, open space, parking areas, etc.; and (E) direct access to Ninole Cove be provided by the applicant, The location and type of access shell be determined and approved by the Planning Director at the time of "Plan Appro'va1," SECTION 3, In the event that any portion of this ordinance is declared invalid, such invalidity shall not effect the other parts of this ordinance. SECTION 4, This ordinance shall take effect upon its approval, INTRODUCED BY: Hilo, Hawaii ouncilman, C my of Hawaii Date of Introduction: November 9, 1972 - 4 - Date of Adoption: November 29, 1972 Hilo, Hawaii Date: November 9. 1972 FIRST READING AYES NOES A/E Car enter EX De Luz X Edwards X Greenwell X H isaoka X Souza X Yadao X Yamada X Chr Matayoshi X 8 0 1 Publication Date: November 16, 1972 Hilo, Hawa1_ Date: November 29, 1972 SECOND & FINAL READING AYES NOES A/E Carpenter EX De Luz X ~ Edwards X Greenwell X '~ Hisaoka X Souza X Yadao X Yamada X Chr MaTayoshi X 8 0 1 Publication Date: December 10, 1972 We do hereby certify that the foregoing BILL was adopted by The County Council and published as indicated above. i` Approved~~/D//r((s'~+a_~ppreved this / - day of 19 County of Hawaii Bill No. 938 Reference: C'2159/PEDLC-90 M.B. No. ~Q~>' ;tOt~,~ ORD. 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FO.E ~ LEGAL G~ESC2/~T/oN ~~ OF TN/S /~F7.6CEG- ~~ ~EN~JMeNT TO THE COUNTY ZON/NG 02,0/N~,'NCE f7MEN,DMENT NO. 4 Off' SECT/ON 7, 2g .~fi~'(./ ,D/ST.L°/CT ZONE Mi~~° r~O,P• T/ON O~ 020/Nf7NCE NO_ ///, Ch'FlN6/NG T.~l~ ,C7/STi2/CT CL/~-7~3/~'ICi~T/ON F20M Or°EN (O~ TO 2E50.2T ^- HO TEL (Y^-/. ~) /N N//VOLE ~ IYf~~t-.9U, .~G.'-7'U, hAVY.9//_ QATE O/" PU.3L/C HEF/.@/NG' Oc! /¢, /D 7/ .pATC Of F,'PP20YFL+ O.E'~7J.pf1NCL° NO. A2EPA2E0 /~Y= /'/.~v~in9 /00/~~r>msnt Ceun fy of Ho wvii ~.~~ .. EYH/B/T of .~-5 -/..1 Oof_ /C, /772 Bill No. 938 - 1972 AN ORDINANCE AMENDING SECTION 7.24, THE KA'U DISTRICT ZONE MAP, ORDINANCE NO. 63 (ZONING ORDINANCE), REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO RESORT-HOTEL (V-1.5) IN NINOLE AND WAILAU, KA'U, HAWAII, COVERED BY PORTIONS OF TAX MAP KEY 9-5-19. This Bill proposes to amend the Ka'u District Zone Map by changing the district classification of land from an Open (O) to a resort-hotel (V-1.5) zoned district in Ninole and Wailau, Ka'u, Hawaii. Date Introduced: November 9, 1972 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on November 9, 1972, by the following aye and no vote: AYES: Councilmen De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 8. NOES: None. EXCUSED FROM VOTING: OF AS DISTRICT CLASSIF OPEN (OI TO RESOF IN NINOLE AND 1 NAWA11, COVERED E TAA MAP KEY 9~5-09. Thla BRI prppoFn ro amentl Me Ka'u Dbfritl Zpna Map Oy cheMlnptM tlMlrict b dpalflSNlan N INN frplll an Oarl 10) m e resod-0ptel IV~LSI xantl tllaNi<t In Nirole antl Wsilav, Ke'u, Newell. - Date InirOtlucW: Novamhsr 9, 19» Capin m me lorepeilq 8111, In full, an en ills in Me ONice N iM Caunty OINK lpr ae Mtl ezaminalbn py the puhlk. I Mreby wertlty that tM lorlpNrlp EIII MFMO 9yf9fY71np al IM meetlN of IM COIntY Cauncll en NeysmMr v, 1917, W the lolbwin9 eye end rowfP. AYES: COUn<Ilmen De Lut. Etlweitls. Greenwell, Niteoka, Sputa, Yatleo, Yamatls and CMirmanMatayoMF=1. NOES: Nona.. EXCUSED FROM VOTING: ~COUn~ d1mM CNpenler-1. TatleMl SuxulU COUNTY CLERK COUNTY OF NgWgl I Councilman Carpenter - 1. COUNTY CLERK COUNTY OF HAWAII (116-Ifppeil TriOam~MeyMtl: ORDINANCE NO. 540 (Bill No. 938-1972) AN ORDINANCE AMENDING SECTION 7.24, THE KA'U DISTRICT ZONE MAP, ORDINANCE NO. 63 (ZONING ORDINANCE), REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESORT-HOTEL (V-1.5) IN NINOLE AND WAILAU, KA'U, HAWAII, COVERED BY PORTIONS OF TAX MAP KEY 9-5-19. Date Approved: November 29, 1972 Date Effective: December 1, 1972 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on November 29, 1972, by the following aye and no vote: AYES: Councilmen De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 8. NOES : t7one. EXCUSED FROM VOTING: Councilman Carpenter - 1. ~~ C~'Y CLEA~AF/ COUNTY OF HAWAII COPiae of M. rorapoMp f)rtlinenn, h full, era on file in Ma dflcRRal tha CPUs/y Clark f0~ uN and akeMlnaliM OY Me PWII<. 1 MrekY cMIW Mef the rorp11n0 Or~ an.ln Pelaltl tacaltl ~flfr1 n101np et fM mtMiny of m. COUnfY 'Ceuntll on NPYNnpN 71, INi. OY Ma rolkm~inp eYa erp m vOro: AYES:,WuncilmMW Luc, Etlwartle. ~/aaNwNl, Nleeekq MucO. YetleO, ifYwdi aanpelRlrE~yy NOE4: Nme: '~ ~ ' ~~~~ E%CUSEO. F1~OM. V0T1N0:~ (OUn. <nmwl CMpwIrol-1. TepeMISYNkI COUNTY CLERK (h/ N~ 9k7gM-M1Nk: Dac. 10, 111]) Oafe ApprWNl: NOYambr 19, Iqf ONe EMMIw: OacalnDM 4, IW1