HomeMy WebLinkAboutORD 1987-095 1984-1988y~
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COUNTY OF HAWAI "" ESTATE OF HAWAII
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Bill No. 399
(Draft 2)
ORDINANCE NO. 8'7 9S
AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO
GENERAL COMMERCIAL (CG-20) AT LANIHAU 1ST, NORTH KONA HAWAII,
COVERED BY TAX MAP KEY 7-5-04:29 (PORTION)
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-89, 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 Lanihau 1st, North Kona, Hawaii, shall be
General Commercial (CG-20):
Beginning at the Southermost corner of the parcel of land,
being also a point on the boundary between Lanihau 1st and
Lanihau 2nd, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"KAILUA (NORTH MERIDIAN)" being 687.93 feet North and
646.77 feet East and running by azimuths measured
clockwise from True South:
1. 114° 11' 40" 96.36 feet along the remainder
of Royal Patent 7456, Land
Commission Award 8559-B,
Apana 11 to William C.
Lunalilo, Certificate of
Boundaries No. 25 to a
point;
Thence, for the next three (3) courses following
along the Southerly side of Ololi Road (20-ft. wide):
2. 217° 46'
46.84 feet to a point;
Thence, following on a curve to the right with a
radius of 220.00 feet, the chord azimuth and distance
being:
LA/TN
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3. 234° 31' 126.81 feet to a point;
4. 251° 16' 182.63 feet to a point;
5. 295° 51' 70.51 feet along the
Southwesterly side of the
Hawaii Belt Road (F.A.P.
Route 11-Project
No. 11A-03-69) to a point;
6. 57° 35' 34" 332.20 feet along the boundary
between Lanihau 1st and
Lanihau 2nd and along
Grant 2035 to Z. Waiau to
the point of beginning and
containing an area of
• 0.706 Acre.
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 applicants shall
submit the required water commitment payment to the Department
of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval
of the change of zone. The zoning of the property shall not be
in effect until the water commitment payment is accepted by the
Department of Water Supply; (B) the applicants, successors or
assigns shall be responsible for complying with all of the
stated conditions of approval; (C) plans for the development of
the property shall be submitted for plan approval review within
one year from the effective date of the change of zone;
(D) construction of any improvements shall commence within one
year from the date or receipt of final plan approval and be
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...
completed within two years thereafter; (E) no direct access to
the property shall be allowed for the Queen Kaahumanu Highway
extension. Access shall be from an interior roadway system
which accesses onto Palani Road, and meets with the approval of
the Department of Public Works; (F) a drainage system in
accordance with the requirement of the Department of Public
Works shall be installed; and, (G) all other applicable rules,
regulations and requirements shall be complied with. An
extension of time for'the performance of conditions within the
ordinance may be granted by the Planning Director upon the
following circumstances: a) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicants, and are not the result of their
fault or negligence; b) granting of the time extension would
not be contrary to the general plan or zoning code; c) granting
of the time extension would not be contrary to the original
reasons for the granting of the change of zone; d) the time
extension granted shall be for a period not to exceed the
period originally granted for performance (i.e., a condition to
be performed within one year may be extended for up to one
additional year); and (e) if the applicant should require an
additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for
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appropriate action. Further, should any of the conditions not
be met or substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. in the event that any portion of the 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:
B,
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
September 2, 1987
September 2, 1987
September 16, 1987
September 25, 1987
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-8~ (KAiLUA URBAN
ZONE MAP) ANTI CLE 3, CHAPTER ~S (zON 1 N G
CODE OP THE HAWAII COUNTY CODE, BY
CHANGING THE l715TRICT CLA551FICATION
I=RON AGiQICULTURAL (A-fa) TO GENERAL
COMMERCIAL (C6-20) AT LANIHAU 1ST
NORTH KONA, t-1AWA11.
1°REPAR>=~ 8Y 1°LANNINC3 OEPAf~'TMENT
COUNTY O~ HAWAII
TM K = 7- 5 - 04 = ~°~ (PORTION) JuN~ Z3, 1967
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~-lo ~a2$~ iY AGRICULTURAL (A-la)
ROAD q~ TO 6ENEI'2A1.
X34, ~1. r COMMERCIAL (CG-~C
cG-'20 R'~~ol_oo ` ~~~ ~ AREA = O_706 ACRE
21746' ~~.
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/ ~ ~ 114 11' 40~
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LANIHAU
J1-IeppING
CENTER
EXHIBIT 11A"