HomeMy WebLinkAboutORD 1979-423 1976-1980BILL No. 453
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. 41Gi~
AN ORDINANCE AMENDING SECTION 7.02(gg) THE NORTH KONA DISTRICT ZONE
MAP, ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE,
AS AMENDED, FORMERLY ORDINANCE 605, 1973, RELATING TO THE CONDITIONS
IMPOSED UPON THE MULTIPLE FAMILY RESIDENTIAL ZONE - 1,250 SQUARE FEET
(RM-1.25) AT MAIHI 1ST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-9-03:10.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 7.02(gg), Article 2, Chapter 8 of the
Hawaii County Code, as amended, is hereby further amended to read as
follows:
"Sec. 7.02(gg). The District Classification of the following
area situated at Maihi 1st and 2nd, North Kona, Hawaii, shall be
Multiple Family Residential (RM-1.25):
Beginning at a spike in concrete at the southwest corner
of this parcel of land, the coordinates of which referred to
Government Survey Triangulation Station "PUU OHAU" being
11,793.77 feet North and 8,122.08 feet East, and thence running
by azimuths measured clockwise from true South:
Along the northeasterly side of
Mamalahoa Highway for the following
twenty-nine (29) courses:
1. 147° 47' 30"
2. 134° 06' 30"
3. 126° 35'
4. 115° 10'
5. 118° OS' 30"
6. 137° 13'
7. 149° 17'
8. 154° 24'
9. 166° 15'
10. 136° 27'
11. 122° 34'
12. 88° 50'
13. 90° 44'
13.06 feet to a pipe in concrete;
46.57 feet to a pipe in concrete;
30.96 feet to a nail in concrete;
19.92 feet to a pipe in concrete;
25.74 feet to a pipe in concrete;
31.32 feet to a pipe in concrete;
66.37 feet to a pipe in concrete;
24.33 feet to a nail in concrete;
72.81 feet to a pipe in concrete;
72.45 feet to a pipe in concrete;
26.96 feet to a pipe in concrete;
71.46 feet to a pipe in concrete;
55.67 feet to a pipe in concrete;
14. 112° 27' 30.04 feet to a pipe in concrete;
15. 131° 03' 42.21 feet to a pipe in concrete;
16. 149° 18' 30" 31.36 feet to a pipe in concrete;
17. 163° 50' 30" 40.69 feet to a pipe in concrete;
18. 167° 06' 30" 39.09 feet to a pipe in concrete;
19. 155° 33' 27.18 feet to a nail in concrete;
20. 136° 30' 18.65 feet to a pipe in concrete;
21. 121° 56' 22.29 feet to a nail in concrete;
22. 110° 51' 30" 30.02 feet to a pipe in concrete;
23. 112° 22' 38.99 feet to a pipe in concrete;
24. 123° 37' 41.87 feet to a pipe in concrete;
25. 139° 19' 49.03 feet to a pipe in concrete;
26. 154° 21' 30" 81.30 feet to a nail in concrete;
27. 143° 38' 30.85 feet to a pipe in concrete;
28. 139° 18' 30" 34.15 feet to a pipe in concrete;
29 155° 27' 30" 70.21 feet to a pipe in concrete;
Thence, al ong ston ewall, along
Grant 11 72 to Kamoehalau at Honalo
for the followi ng seven (7) courses:
30. 270° 49' 76.00 feet to a spike in concrete;
31. 256° 35' 35.10 feet to a pipe in concrete;
32. 268° 13' 92.00 feet to a pipe in concrete;
33. 278° 47' 77.81 feet to a pipe in concrete;
34. 266° 39' 88.92 feet to a pipe in concrete;
35. 266° 10' 123.80 feet to a pipe in concrete;
36. 261° 33' 123.50 feet to a pipe in concrete;
Thence, al ong the westerly side of
the Old Go vernment Road for the
following eleven ( 11) courses:
37. 355° 55' 124.51 feet to a pipe= in concrete;
38. 330° 42' 99.72 feet to a pipe in concrete;
39. 328° 13' 30" 224.21 feet to a pipe' in concrete;
40. 331° 46' 31.59 feet to a pipe in concrete;
41. 336° 06' 30" 61.39 feet to a pipe in concrete;
42. 341° 33' 30" 46.28 feet to a pipe in concrete;
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43.
44.
45.
46.
47.
48.
351° 44' 42.02 feet to a pipe in concrete;
358° 12' 66.25 feet to a pipe in concrete;
4° 00' 50.06 feet to a pipe in concrete;
1° 22' 30" 56.78 feet to a spike in concrete;
358° 40' 73.55 feet to a pipe in concrete,
thence;
84° 59' 127.80 feet along stonewall, along Grant
974 to Ehu at Kuamoo, to the point
of beginning and containing an
area of 8.31 Acres.
"All as outlined in red on the map marked 7.02(gg) and made a
part hereof."
"This section shall take effect forthwith upon the conditions
that (A) the development occur in [five (5)] three (3) increments of
[30, 30, 36, 48 and 36] 60, 48, and 68 units respectively. Zoning
for subsequent increments shall become effective only after sub-
stantial development has occurred on the previous increment. Substan-
tial development is defined as building permits issued and construction
of permanent structures commenced on [33] 25 percent of the units
within the previous increment. [This would assure the construction
of a minimum of 25 percent of 45 units of the total 180 units
proposed;] In lieu of the actual construction of the units, the
petitioner or its authorized representative may enter into an agree-
ment with the Planning Department which would bond and assure the
County that the units 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, development of the subsequent
increment(s) may proceed prior to the actual construction of the units
in the previous increment(s); (B) construction conform substantially
to that as [submitted] represented and that construction begin [within
one (1) year of the date of approval of the change of zone] by
June 20, 1979; (C) the rental price of the units be within a range
to serve the low and moderate price income group. The income range
and affordable rental shall be determined by appropriate agencies
prior to occupancy of the units; and (D) the proposed 1/2 acre play
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area be developed as part of the [second] first increment. Minimum
improvements shall include but not be limited to acceptable grading
and grassing of the area. Should any of the conditions not be met
or if performance of the conditions is deemed unsatisfactory in terms
of the level of progress made and delinquent by the County Council or
the Planning Director, action shall be taken to immediately rezone
any portion or all of the subject area to its former zoning."
SECTION 2. Material to be repealed is bracketed. New material
is underscored. In printing this ordinance, the brackets, bracketed
material and underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance
or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or appli-
cations of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNC~ER, COUNTY O~HAWAII
Hilo, Hawaii
Date of Introduction: March 7, 1979
Date of Adoption: March 21, 1979
Effective Date: March 28, 1979
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