Loading...
HomeMy WebLinkAboutORD 1978-359 1976-1980BILL NO. 395 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~9 AN ORDINANCE AMENDING SECTION 7.05, THE KAILUA-HONALO URBAN ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO RESORT-HOTEL (VH-.75) AT KEAUHOU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-12:58, 59 & 60. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.05 of Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, is hereby further amended by adding thereto the following subsection: "7.05 ( s). The district classification of the following area situated at Keauhou 2nd, North Kona, Hawaii, shall be Resort- Hotel (VH-.75): Beginning at the East corner of this parcel of land, the same being the common corner of Lots D, E-1, 18 (Roadway), and Area 15-A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 2178.61 feet North and 843.58 feet East, and running thence by azimuths measured clockwise from True South: 1. 69° 33' 30" 381.47 feet along Area 15-A; 2. 166° 34' 30" 240.21 feet along same; Thence along the coastline for the next four (4) courses, the direct azimuths and distances being: 3. 247° 42' 30" 90.92 feet; 4. 231° 25' 30" 86.28 feet; 5. 254° 41' 30" 83.35 feet; 6. 263° 42' 30" 108.05 feet; 7. 344° 26' 30" 100.00 feet along R. P. 7044, L. C. Aw. 7366, Ap. 2 to Kukahi and Lot E-2; 8 339° 33' 30" 134.69 feet along Lots E-2 and E-1 . to the point of beginning and containing an area of 2.121 acres. ~~ "All 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) prior to development of the subject proper- ties, the petitioner or its authorized representative shall comply with the Planning Commission's Rules and Regulations (Rule No. 9) Relating to Environmental Shoreline Protection; (B) prior to landscaping or con- struction of any structures on the subject properties, such plans shall be submitted to the Planning Department for review and approval; (C) development of the properties, whether it be for landscaping and/or the construction of a structure, shall commence within one year from the effective date of approval of the change of zone; (D) upon construction of any structure(s), the minimum setback requirements shall be observed, otherwise, the subject properties shall be consolidated; (E) all proposed work shall not interfere with any known historical sites. In the event that unanticipated historical sites or archaeological remains are found, the petitioners shall contact the State Historic Preservation O:Eficer and the Planning Department; and (F) all other applicable rules and regula- tions, including those of the County 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 zoning designation may be initiated, 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: COUNCILMAN, COUNTY ~ HAWAII Hilo, Hawaii Date of Introduction: June 3, 1978. Date of Adoption: Jun e 17, 1978 Effective Date: June 30, 1978 -2- -T T2UE NORTH _ OCALC- ~ 1" =ZOO' - \ .~ .,~ ~.- - ~ -.r ._. ~, -. i- ~ ~~' - _ P KALEOPPP ~.. , `- \ ~ ~ ~ ~ 1 ~~ _\ z 1'CEAtJ 1-rGU BA7' SINGI-E FAM11.._y 2C-SIOLNTIAI- (~c5-10) TO IEES02T A2CA=Z•IZI ACIEGS ..~,_,~ :, j / ~ i j NI ~~~\ JGf ~O/ TL Iv N'S ~ STAOiUM _ _, _ . ~ ~~~ ~ ~., _ `~, KC-/iU HOU ~o~~ ~ CoUICSC- -, i' / \ ~~~ ~ .. ~a 170. GI N i 643.56 c '."KBAUH OU COAST" 0 ~., -. KONA sLJfL'F HoT~~ ,i .. , KAUFULAELAC- POINT N~T L S'C--r- c2DINANGE Nom- 35°.~ PoR:- MC-TES ANU pOUN~S I7r Sf_'R°IPTION OF -THE AC-30~/C- zoNL CHANGC--. AMC-Nt~M'ENT TO THE ZONING CCI~C--= AM~NOMC-.NT NO, 18 TO SC-CTION 7.05, THC- KAILUA- HONALO Utz[3AN zoNa MAp OF CHAI°TCt~. B (ZONING COC7C~, A2TIGLE 2, HAWAII COUNTY COLIC, AS AMENt7ED, Lay CHANGING THE ~ISTI~.ICT CLASSIPICA- TION r2oM SINGLE PAMIL-.•y rcCSII~C-N'f'1P~L. (1'c5-lo) T'o r"cES02T - HOT CL (vH-•75) AT r<cAUHOU 'zND, NORTH fGONA, r-I/~V~l P.11. DATE OP PUC~LIC HC-A 21NG - AP21L_ I~~ 178 7JA1 C- Or' A1°I°I'aOyAL =JUNE -B O, f~78 02t77NAN CB No.95°~' I°tcsEl°A2CD B'Y I°LANNINC DC-I°Af~.TM C-NT CCSU NTy OP HAt^IAII TMK~~ 7-8-~z~ ~o F' C-XHIdIT "A" ~~ o P , ~s P ~ ~ KALEOPPP w _ z ~~ ~ ~ ~ ~_ ~,~, ~ ~ 1'CEAU h-tOU BA'y SINGLE FAMIt_y 2~SIO~NTtA~- (25-10) TO 18t=502T HOTEL. (vH --75) A2EA=~c-IZt AC2tc5 ~~ . .Pj. ~~, ~~ ~~ -------~ KAURU LAC-LAC- I'°O I N T N^TE MCI ES ANO POUNDS DC--SC,E IPTION OF THE ApOV C- ZONE CHANGC- O ~O~ _~MC-NDMENT__ TO T!~-1E ZONING coac- AM~NCIVICNT NO. JS TO SC-CTION 7.05, THC- KAII_UA- HoNALO ur'c.~AN ZONE MAF~ OF CHAI°TC-1~ S (zONING COpC--~, AJcTIGLH"`- HAWAII COUNTT COI~C--, AS AMENJ7E7~, p'y CHANGING THC DISTIc.iCT CLASSI ~ICA- TION ~=1~oM SINGER PAMfL'/ 2CSII~C-NTIA,L (25-IO~ To Cc't-502'7' - H6TCL (v1--f-.7~r-) AT KCAUHOU "~cND, N02TH KONA, HA1/VAII- C>ATE OP F'Uduc HC-A 21NE, - AP 21L Imo, I~-7 E' aATc Or AFI°IzOyAI_ JUNE .BO, I°-..~78 02C~1NAN CB N~+- 35°~ 1°R°CI°A R'_r=b 3>' ~ I°LANNINC OC-f°A2TM C-NT -IZ SB, S~ ~~ ~xHlr_3tT ,.~ '-. . ~ i ~~'!.. 2' It *~ G g +. ' J ~ tl Y~ n ~ ~ ~ s I ~ 1"~Gy~R F~~wp~.~S 1.~'~ry ~ ~ T N ~ 4 I~ •~~p r .~P ... ~~ ~~ KALEOPP"P~ '~_ ~ ~ ~~. ~ ~ fil 1, z ~~ ~ ~~ ~ ,, ~ _ , y ~; -- ~ ~ I«AU i---ou BAT 1 ~ N ~~~"~ ~~~ ~, - ~~ SINGLE FAMIL.'y 2C-SI~LNTIAt_ (25-10) To 18ESOZT HOTEL (YH --75) A2EA=Z-IZI ACIECS KAUrtULAELAC- NCTC POINT cL=r Cr~DINANC C- ~J f'- ,3_°ig r'c ~. MG-TES ANO BOUNDS CJC SOIE II TION Of= TF-1H A60v C- zONE CHANGC- P moo' ,hMC-NI~MENT TO THE ZONING CODE AM~NDMCNT NO. )S TO SCC.TION 7.05, THC- KAILUA- HoNALO UIZ.[3AN zoN~ MAP OF CHAI°TCtz. 8 (ZONING CO~E~, A2T1CL..E H, HAWAII COUNTY COLIC, AS AMENOt=D, C3'Y ChiANGING THE UIST2.ICT CLASSIFICA- 'T'ION Ff~oM SINGLE PAMiI_% fcCSIOC-NTIP~I._ (25-10~ To 2f=SOrc_T - h-IOTCL (vH--75) AT KCAUHOU zNa, NOf~Tt-i KONP., HAl/`tfall. C~ATf= Of= PUOLIC HC-Ar'-ING AP2II_ 13, 1.78 OAI C Op= At°I°2nVAl- ~ JUNC- 80, 1°~7B 02C~1NANCE NO. 359 I°It°CI°P.2~fJ B7' ~ PLANNING OC-I°Alc-~-TMC-NT COU N'T-7 OF I--1AfNAlI -IZ _ sB, s.~ ~ ~o FEC-3. .n I~~cs C->CH1dIT "A" Hilo, Hawaii n.,•e. ~Tnne 4 1978 FIRST READING AYE$ NOES A/E Dahlberg 7{ Domingo X Fujii 7{ Garcia X Kawahara X Lai X Sameshima X Tajiri X Chf. Yamashiro X 9 0 0 Publicafion Date JUN 1 1 t978 Hilo, Hawaii n,..e. June 17 1978 SECOND & FINAL READING AYE$ NOES A/E Dahlberg }{ Domingo X Fujii X Garcia X Kawahara X Lai X Sameshima X Tajiri X Chr. Vamashiro X i 9 0 0 Publication Dafe:. JUL r t97~___ We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~+ p re rr•*l ,. q. f~ I z• °/ l+ ~?. J `i`~!~ C -..2 ... ._.__ i_--_ _.._________-_ __. _._..__ Approvedthi ~O TVday ofU ~~ _. Mayor, County of Hawaii Bill No. _ 395 Relerencec C-793/PC-32 M.B. No. - Ord. No. - V \ / ~ \ County Clerk ~{' ~ ~1 i. it .t: '~•' COUNTY OF HAWAII PLANNING DEPARTMENT 26 AUPUNI STREET HILO, HAWAII D6720 HERBERT T. MATH YOSIII M •eor SIDNEY M. FURE Dlrceior DUANE KANUf1A Depmr Director Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Countlr o£ HaL•raii Hilo, Hal^~aii Dear Chairman Yamashiro and tdembers: T•iay 1 , 1978 Rezoning Request - Interisland Resorts, Ltd. Tax P•Zap Key 7-8-12:58 throuoh 60 The Planning Commission, after a duly held public hearing on April 13, 1978, voted to recommend for your approval the proposed legislative bill to change the district classification from a Single Family Residential - 10,000 square foot (RS-10) to a Resort-Hotel' - 750 square foot (VH-. 75) zoned district at Keauhou 2nd, North Kona, Hawaii. The Commission's favorable recommendation eras based on the follooring considerations: 1. That the proposed change of zone conforms to the General Plan Land Use Allocation Map c^rhich designates the area for Resort uses. The General Plan further identifies the Keauhou-Kona area, orhich the subject properties are situated within, as a major resort area. A major resort area is identified as a self-contained resort destination area urhich provides basic and support facilities for the needs of the entire development. Resort developments, ~dhether they be hotels or hotel-supported facilities, are created and estab- lished to satisfy the needs and desires of both visitors and residents. As such, one (1) of the stated goals of the Resort element is "To provide for resort development that maximizes conveniences to its users." According to the petitioners, the P/ ~o~. No. 793 To: PC Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 2 purpose of this particular request is for the utilization of the affected properties as part of the overall Kona Surf Hotel operation, primarily for landscaping purposes. They have no immediate plans for constructing any improvements. It is therefore felt that even if the subject properties are developed for additional "oven space" or eventually used for the construction of a low-rise type of restaurant or for other similar uses, these uses will not dominate the visual aspects of Keauhou Bay. Furthermore, o:hen the petitioner applies for a Special Management Area Use Permit, mitigating conditions may be imposed to preserve the visual and environmental integrity of the Bay. Additionally, as its policy, the Resort element states that the County shall designate and allocate resort areas in appropriate proportions and, .also that zoning. of resort areas shall be granted when the proposed development is consistent ~•~ith and incorporates the stated goals, policies, and standards of the General Plan.. It is determined that the proposed resort- related usage of the subject properties would be in a direction of fulfilling the stated coals, policies and standards of the Resort element of the General Plan. 2, That the granting of this particular request for its intended purpose would also be in the direction of fulfilling the Economic policies of the General Plan which :state that "The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors," and that "The County of Ha~:aii shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County." The visitor industry has emerged and is one of the major economic forces within the County. The groorth of Hawaii County in terms of employment and economic activity has been greatly attributed to the visitor industry. Although there presently is the question of the stability of the visitor industry, it is felt that the resultant effect of this particular zone change and other similar types of resort development, could possibly help to strengthen this portion of the island's economy. ': Honorable Stephen K, Yamashiro, Chairman and Members o£ the County Council Page 3 3. That the subject area is conveniently located. adjacent to the employment generators within Keauhou-Kona and other public and private services. All essential utilities are also available to the area. As such, it is determined that the request also conforms to the General Plan's Land Use and Resort elements which state to "Zone urban-type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities", and to "Promote and encourage the rehabilitation and utilization of resort areas iahich are serviced by basic facilities and utilities." 4. That there are no severe geologic or topographic conditions oinich cannot be properly rectified or which would render the land unusable for the proposed use, namely, for resort-related activities. For your favorable consideration, an amendment to Section 7.05, the Kailua-Honalo Urban Zone T~,ap, of the County Zoning Code is transmitted. We are enclosing a copy o£ the application and a copy of the staff background for your information. Sincerely, J. GJalsh Hanley Vice Chairman, Plannin Commission lgv Enclosures e°'~''s cc Mr. G. William Paulson Chief Engineer, Public L~7orks Manager, Water Supply e oon n~rf-n - H r c(". ~, COUNTY CLERK ~ ~~`~~ _iH ~'~/~ OFFICE OF THE COUNTY CLERK COUNTY ^F HAWAII HILO, HAWAII 96720 June 19, 1978 Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI I hereby transmit Ordinance Bill No. 395 Yasuki Arakaki DEPUTY COUNTY CLERK Harry A. Takahashi LEGISLATIVE AUDITOR passed by the County Council on second final reading. • ~. ~-~/ R.B. Lega i COUNTY CLERK Encl. Dated: JUN ?. 0 1978 Bill No. 395 - 1978 AN ORDINANCE AMENDING SECTION 7.05, THE KAILUA-HONALO URBAN ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO RESORT-HOTEL (VH-.75) AT KEAUHOU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-12:58, 59 & 60. This Bill amends Section 7.05, The Kailua-HOnalo Urban Zone Map, Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, by changing the district classification from Single Family Residential (RS-10) to Resort-Hotel (VH-.75) at Keauhou 2nd, North Kona. Date Introduced: June 3, 1978 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 June 3, 1978, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 9. NOES: None. COUNTY CLE COUNTY OF HA All ~ ' : ,Iw. n;:. ORDINANCE NO. 359 (Bill No. 395-1978) AN ORDINANCE AMENDING SECTION 7.05, THE KAILUA-HONAIA URBAN ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO RESORT-HOTEL (VH-.75) AT KEAUHOU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-12:58, 59 & 60. Date Approved: June 17, 1978 Date Effective: June 30, 1978 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 June 17, 1978, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 9. NOES: None. ~. ~. ~/ COUNTY CLE COUNTY OF HA All I NIn ~*i fib: JWy _'. _ ~ .