HomeMy WebLinkAboutORD 1988-024 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. 473
ORDINANCE NO. 88 ~~
AN ORDINANCE AMENDING SECTION 25-95H, (WAIKOLOA VILLAGE ZONE
MAP), CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS
AMENDED, RELATING TO THE MODIFICATION OF ORDINANCE N0. 515
WHICH RECLASSIFIED CERTAIN LANDS FROM MULTIPLE FAMILY
RESIDENTIAL (RM-3.0) TO VILLAGE COMMERCIAL (CV-10) AND FROM
VILLAGE COMMERCIAL (CV-10) TO MULTIPLE FAMILY RESIDENTIAL
(RM-3.0) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-8-03:6 & 7.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. [Section 7.06 of Ordinance No. 63 (Zoning
Ordinance), Revised Ordinances of the County of Hawaii 1967, as
amended, is hereby further amended by adding thereto the
following subsections:] Section 25-95H, Article 3, Chapter 25
of the Hawaii_County Code is amended to change the district
classification of property described hereinafter as follows
["7.06 (g-1).] The district classification of the
following area situated at Waikoloa, South Kohala, Hawaii,
shall be Village Commercial (CV-10):
Beginning at the southwest corner of this parcel of land
on the northerly side of Waikoloa Road, being also the
southeast corner of Lot 110 of Waikoloa Village Unit 1-A,
File Plan 1188, the coordinates of which referred to
Government Survey Triangulation Station "PUU HINAI" being
9,039.49 feet north and 3,836.35 feet west and running by
azimuths measured clockwise from true south:
1. 221° 59' 32" 591.00 feet along Lot 110 of
Waikoloa Village Unit
1-A, File Plan 1188;
2. 257° 00" 275.00 feet along Lot 110 of
Waikoloa Village Unit
1-A, File Plan 1188;
3. 190° 41' 53" 301.61 feet along Lot 110 of
Waikoloa Village Unit
1-A, File Plan 1188;
Thence along the westerly side of Paniolo Avenue, on a
curve to the right with a radius of 460.00 feet, the chord
azimuth and distance being:
4. 348° 31' 28" 499.32 feet;
5. 21° 23' 42" 306.21 feet along the westerly
side of Paniolo
Avenue;
Thence along the westerly side of Paniolo Avenue, on a
curve to the right with a radius of 20.00 feet, the chord
azimuth and distance being:
6. 64° 46' 32" 27.47 feet;
Thence along the northerly side of Waikoloa Road, on a
curve to the left with a radius of 1,042.00 feet, the
chord azimuth and distance being:
7. 89° 02' 50.5" 682.22 feet to the point of
beginning and an area
of 280,101 square
feet or 6.430 acres.
["7.06 (g-2).] The district classification of the
following area situated at Waikoloa, South Kohala, Hawaii,
shall be Multiple Family Residential (RM-3.0):
Beginning at the northeast corner of this parcel of land,
the coordinates of which referred to Government Survey
Triangulation Station "PUU HINAI" being 10,221.09 feet
north and 2,694.37 feet west and running by azimuths
measured clockwise from true south:
1. 18° 03' 09" 690.13 feet along Lots 6 and 9 of
Waikoloa Development,
File Plan 1172;
Thence along the easterly side of Paniolo Avenue, on a
curve to the left with a radius of 540.00 feet, the chord
azimuth and distance being:
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2. 155° 11' S4" 361.30 feet;
3. 135° 39' 14" 111.54 feet along the easterly
side of Paniolo
Avenue;
Thence along the easterly side of Paniolo Avenue, on a
curve to the right with a radius of 460.00 feet, the chord
azimuth and distance being:
4. 161° 38' 47" 403.19 feet;
5. 187° 38' 20" 49.91 feet along the easterly
side of Paniolo
Avenue;
6. 288° 03' 09" 592.90 feet along Lot 328 of
Waikoloa Village Unit
1-B, File Plan 1189
to the point of
beginning and
containing an area of
5.336 acres.
["All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof."]
"SECTI ON 2. [Section 1 of this ordinance shall take
effect forthwith upon the condition that the owner or lessee of
the commercially-zoned area be responsible for securing a
building permit and assuring construction started for a
commercial "ranch center" complex within one year from the
official 'date of approval of the change of zone. Should this
condition not be met, the Planning Director may act to rezone
the land to an appropriate zoning classification.] This change
in district classification is conditioned u on the followin
(A) The petitioner, successors, or its assi ns shall be
responsible for complyin with all of the stated conditions of
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approval; (B) Plans for the proposed development shall be
submitted to the Plannin De artment for lan a royal review
within one year from the effective date of this amendment
(C) Construction of the proposed development shall commence
within one vear from the date of receipt of Final Plan Approval
and be completed within two years thereafter• (D) An annual
progress report shall be submitted to the Planning Director
prior to the anniversary date of the amendment The pro ress
report shall include, but not be limited to, the status of the
development, and the extent to which conditions have been
complied; (E) All other applicable rules, re ulations, and
requirements shall be complied with• and (F) An extension of
time for the performance of conditions within the ordinance may
be granted by the Plannin Director upon the following
circumstances: 1) the non-performance is the result of
conditions that could not have been foreseen or are beyond the
control of the applicants, successors or assigns, and that are
not_the result of their fault or ne li ence• 2) rantin of the
time extension would not be contrary to the eneral lan or
zoning code; 3) ranting of the time extension would not be
contrary to the on final reasons for the grantin of the chan e
of zone; and 4) the time extension ranted shall be for a
period not to exceed the period originally granted for
performance (i.e., a condition to be erformed within one year
may be extended for up to one additional vear)• and 5) if the
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applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezonin of the area
to its original or more ap ro riate desi nation."
SECTION 3. Material to be deleted is bracketed. New
material is underscored.
SECTION 4. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: February 3, 1988
Date of 1st Reading: February 3, 1988
Date of 2nd Reading: February 17, 1988
Effective Date: February 29, 1988
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