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Home My WebLink AboutORD 1985-086 1984-1988COUNTY OF HAWAII STATE OF HAWAII BILL NO. 88 ORDINANCE NO. 85 f36 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-3a) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-05:9. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:: SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, 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 Agricultural (A-3a): Beginning at the Southeasterly corner of this parcel of land, being also a point on the Westerly side of the Hawaii Belt Road (F.A.P. No. F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 8,933.55 feet South and 8,514.56 feet West and running by azimuths measured clockwise from True South: Thence, for the next five (5) courses following along Parcel 3 and along the remainder of Grant 2972 to Kaapau and Kama: 1. 97° 09' 45" 784.77 feet to a point; 2. 98° 43' 243.85 feet to a point; 3. 92° 16' 170.70 feet to a point; 4. 100° 40' 188.45 feet to a point; 5. 95° 46' 1,044.55 feet to a point; 6. 175° 27' 15" 632.52 feet along Lot 1, Hi'olani Street, Lots 13, 14, and 15 of Y.ona Acres Subdivision Unit I, Increment "B" (File Plan 1550) to a point; 7. 276° 38' 13" 2,525.83 feet along Lots 30, 29, 28, 27 and 26, Ili'Ili Street, Lots 32, 33, 34 and 35 of Kona Acres Subdivision, Unit I, Increment "B" (File Plan 1550) to a point; 8. 6° 46' 209.40 feet along the Westerly side of the Hawaii Belt Road (F. A. P. No. F-10(5)) to a point; Thence, following along Parcel 3 and along the remainder of Grant 2972 to Kaapau and Kama on a curve to the left with a radius of 2,904.79 feet, the chord of azimuth and distance being: 9. 2° 41' 42" 412.50 feet to the remainder of Grant 2972 to Kaapau and Kama the point of beginning and containing an area of 34.892 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the petitioners, their successors or assigns, shall be responsible for complying with all of the stated conditions of approval; (B) a variance application, requesting a variance from the subdivision code water requirement, shall be submitted to the Planning Department within one year from the effective date of the change of zone; (C) subdivision plans shall be submitted within -2- one year from the effective date of the variance. Final subdivision plans shall be submitted within one year from the effective date of the tentative subdivision approval; (D) restrictive deed covenants for all of the lots shall be submitted to the Planning Department for review and approval prior to its submittal to the Bureau of Conveyances for recordation with final subdivision plat maps. 'T'hese covenants shall include but not necessarily be limited to a restriction on the further conveyance of the subject parcels, beyond the families .of the ten original heirs, unless one of the following conditions are met: (1) a valid commitment for water service is available, (2) water service is available to the subject parcel, or (3) a water catchment system, that satisfies any County standards which may be adopted for such a system, is available to the subject parcel. The restrictive covenants contained herein are encumbrances running with the land, and shall be binding on all parties and persons claiming under them until such time that the change of zone ordinance is amended; (E) a 10-foot wide, no vehicle access, planting screen easement shall be provided along the frontage of all lots bordering the State Highway. No access will be given to the State Highway; and (F) all applicable rules, regulations and requirements shall be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated. -3- 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: r OUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: November 6, 1985 November 6, 1985 November 20, 1985 November 26, 1985 -4- UN PLA NN GO j (V) 1 UN PLANNL'~ (U) W Q F / KONq 2 'n 1 PALISgpE'~~ IIIYI F KA'tM7NANt ore7v~ Q " 7 Q 7° A !u) I O I J A-In ~ ~ j A-1e UN PLAN rvcp lu) G° _- -___._ ___-.__ ~ __ . tHV MO STREET ~ T _._ A-1° 'KONA ~ A-le ~ AGR C-5' 1 - L I 276° B~1B'~ 2,525.Sp ~ -1 a `~ \uNpLAlvNi=a (u) To ~ A\~ V`~~~ ~ ~~ „-1° ~~ ~~ ~gGRICULTURAL (A-3a)~~~ ~ ~~ ~ ~~~ Q ~~~ ~~~ ~. t ~ ~~ ARGA= 34.>3~Z ACRES- ~ ~A ~a N~ \\\\~\\,\~ . ~ aQ It'OI...ANIN ~ \ ~ ~~ ~ ~ ~~C A la °'S°46' 1--7,044.55 97'09'45" ~ 784. ~'] ~-0 l00° 40' g'1° I6' 9B° 4B' UNPLANNEp (u) IB0.45 170.70 248.85 8,939.55 S Na ~_._~ .. ___.__-_ .. 8.514.56 W ~ 'MOANUTAH EA~ ~ UNPLANNED (V) UNPLAN NEO (U~ A-lo ~ .. ~G L tJNPLANN EA-(U~ -- I _.~ ~ VIENDMENT TO THE ZONIN6 CODE AMENDING SECTION ~5-87 (NORTH hCONA ZONE MA1°) ARTICLE 3, CHAI~TCR ~.S (ZONING coon) OF THE HAWAII COUNTY COt.~~, sY CHANGING THE C~18TRiCT c~-ASSIFICAT1oN FROM UNP~-ANNEp (U) -r0 AGRtCUt_TURAL (A-tea) AT KAL.AOA 5TH, NORTH KONA, HAWAII. PREPAR~A ~Y I°L-ANNiNG L~~I°ARTM7=NT COUNTY o1= HAYVAf I 'TMK= 7-9-05 = ~ SEFT- 11, 1.'765 EXH1l31T A~