HomeMy WebLinkAboutORD 1978-370 1976-1980BILL NO. 401
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO .. 3~0
AN ORDINANCE AMENDING SECTION 7.02, THE NORTH KONA ZONE MAP OF
CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
SINGLE FAMILY RESIDENTIAL (RS-15) AT AUHAUKEAE 1ST AND 2ND, NORTH
KONA, HAWAII, COVERED BY TAX MAP Kf'sY 7-5-10:PORTIONS OF 8 & 9.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF FIAWAII:
SECTION 1. Section 7.02 of Chapter 8 (Zoning Code), Article 2,
Hawaii County Code, as amended, is hereby further amended by adding
thereto the following subsection:
"7.02(ss). The district classification of the following
area situated at Auhaukeae 1st and 2nd, North Kona, Hawaii,
shall be Single Family Residential (RS-15):
Beginning at the southeast corner of this parcel of land on
the southwesterly side of Hie:naloli-Kahuilui Road, the coor-
dinates of said point of beginning referred to Government
Survey Triangulation Station "KAHELO" being 6,332.13 feet
North and 6,731.21 feet East, thence running by azimuths
measured clockwise from True South:
1. 64° 31' 20" 781.81 feet along Royal Patent 7845,
Land Commission Award 7715,
Agana 13 to Lota Kamehameha;
2. 66° 41' 30" 512.07 feet along same;
3. 80° 18' 787.56 feet along same;
4. 83° OS' 431.33 feet along same;
5. 83° 43' 30" 645.60 feet along same;
6. 83° 09' 20" 1,169.29 feet along same;
7. 154° 11' 40.8" 269.62 feet along the remainder of
Grant 1746 to James Kole;
8. Thence along the remainders of Grant 1746 to James Kole
and Royal Patent 7580, Land
Commission Award 11,216,
Agana 37 to ^~. Kekauonohi
on a curve to the left with
a radius of 5,829.58 feet,
the chord azimuth and dis-
tance being: 150° 36' 20"
729.87 feet;
Thence following along Grant
1752 to H. Kawelo (Kona
Heights, Increment I, File
Plan 1075) for the next
fifteen (15) courses, the
azimuths and distances being:
9. 253° 00' 21-`i,53 feet;
10. 257° 10' 11f.1.80 feet;
11. 256° 49' 24~i,30 feet;
12. 264° 47' 138,40 feet;
13. 278° 24' 4~i.20 feet;
14. 242° 59' 77..10 feet;
15. 256° 50' 77.50 feet;
16. 265° 26' 49.80 feet;
17. 242° 53' 3"1.60 feet;
18. 254° 10' 3£3.70 feet;
19. 263° 09' 59.00 feet;
20. 265° 27' 12'7.90 feet;
21. 255° 51' 201.60 feet;
22. 285° 11' 26.90 feet;
23. 263° 09' 24:L.50 feet;
24. 262° 20' 29'1.30 feet along Grant 1752 to
H. Kawelo (Kona Heights,
Increments I and II, File
Plans 1075 and 1077);
Thence following along Grant
1752 to H. Kawelo (Kona
Heights, Increment II, File
Plan 1077) for the next
nineteen (19) courses, the
azimuths and distances being:
25. 256° 13' 198.40 feet;
26. 263° 34' 132.90 feet;
27. 254° 08' 86.50 feet;
28. 247° 16' 101.90 feet;
29. 252° 13' 62.80 feet;
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30. 281° 14' 20.60 feet;
31. 248° 10' 237.10 feet;
32. 249° 12' 55.70 feet;
33. 246° O1' 10(1.00 feet;
34. 257° 43' 30" 12i'.00 feet;
35. 273° 04' 23.70 feet;
36. 253° 39' 19`..40 feet;
37. 273° 04' 23.20 feet;
38. 253° 00' 29E3.50 feet;
39. 254° 36' 30" 13(1.50 feet;
40. 249° 39' 95.20 feet;
41. 251° 04' 5]..10 feet;
42. 245° 02' 142.90 feet;
43. 253° 35' 253.24 feet;
44. 338° 03' 450.86 feet along the southwesterly
side of Hienaloli-Kahuilui
Road;
45. 340° 08' 283.41 feet along same;
46. Thence along same on a curve to th e left with a radius
of 56 0.00 feet, the chord
azimu th and distance being:
328° 09' 232.54 feet;
47. 316° 10' 13~i.73 feet along the southwesterly
side of Hienaloli-Kahuilui
Road to the point of begin-
ning and containing an area
of 10 7.863 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) the area be zoned in three
(3) increments. The first increment shall consist of a maximum of
fifty (50) contiguous acres; the second, a maximum of thirty (30)
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contiguous acres; and the third increment, the remaining area. The
effective date of zoning for subsequent increments shall be after
development has occurred in the previous increment or combination
of increments. Development is defined as building permits issued
for single family residential dwelling units and construction
partially completed - partially completed in the sense of waving
roofs on a minimum of twenty-five 1;25) percent of the units for the
previous increment or combination of increments. In lieu of the
actual construction of the dwellings, the petitioner or its autho-
rized representative may enter into an agreement with the Planning
Department which would bond and assure the County that the dwellings
will be constructed within a given period. Such agreement shall
meet with the approval of the Corporation Counsel and the Planning
Director. In doing so, developments of the subsequent increment(s)
may proceed prior to the actual construction of the dwellings in
the previous increment(s); (B) the petitioner/representative submit
a subdivision plan for the first increment and secure tentative
approval within one (1) year from i:he effective date of the change
of zone. The petitioner/representative shall also be responsible
for securing final subdivision approval for the first increment.
The petitioner/representative shal]L also be responsible for obtain-
ing final subdivision approval for the subsequent increments. All
other concerns, such as drainage and roadway and access requirements,
shall be considered at the time of subdivision review and approval;
(C) a hydrologic/drainage study be prepared by the petitioner/
representative and be submitted with the subdivision plans for the
first increment to the Planning Department and the Chief Engineer;
(D) the method of sewage disposal shall conform to the rules, regu-
lations, and requirements of the State Department of Health;
(E) the rules, regulations and requirements of the County Department
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of water Supply shall be complied ~,rith; (F) all proposed work shall
not interfere with any known historical sites. In the event that
unanticipated historical sites or archaeological remains are found,
the petitioner shall contact the State Historic Preservation Officer
and the Planning Department; (G) a channelized intersection with a
left turn storage lane on Hualalai Road into the subdivision access
road be provided meeting the approval of the Chief Engineer con-
currently with the development of t:he first zoning increment; (H)
all other applicable rules and regulations be complied with; and
(I) the proposed 60 foot access leading to the subject area shall
be constructed prior to or immediately upon granting of prelimi-
nary subdivision approval of the first zoning increment and shall
be used to accommodate traffic associated with the construction
of improvements within the proposed subdivision and that the use
of Aloha Kona Drive for the construction of improvements to service
the proposed subdivision shall be limited to the construction of
the water line, water storage tanks, and other water development
activities. 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:
C7,~ ~?
COUNCILMAN, COUNTY F HAWAII
Hilo, Hawaii
Date of Introduction: June 3, 1978
Date of Adoption: June 17, 1978
Effective Date: June 30, 1978
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Hilo, Hawaii
Dote: June 3 , 19 78
FIRST READING
AYES NOES A/E
Dahlberg X
Domingo X
FujII X
Garcia X
Kawahara X
Lai X
Sameshima X
Tajiri X
Chr. Yamashiro X -
9 0 0
Publication Date:
JUN 1 1 1978
Hilo, Hawaii
Date: June 17, 1978
SECOND 8 FINAL READING
AYES NOES A/E
Dahlberg X
Domingo X
Fujii X
Garcia X
Kawahara X
Lai X
Sameshima X
Tajiri X
Chr. Yamashiro X
9
0
0
Publication Date: _. JUL_7 1978 _.
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
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Council chair
-;
County Clerk
Approved/I"--~-'1~ /:/h~~i L. ~ v ~ day~7of
-- -_ _~16~..~_ -. 7 9-f-
Mayor, County of Hawaii ~~
Bill No. __ 401_
Reference: C807/PC-32__
M.B. No. ___
Ord. No. _- _ i7 ! y__