HomeMy WebLinkAboutORD 1988-030 1988-1992COUNTY OF HAWAII ..,:.STATE OF HAWAII
Bill No. 4 s 1
(Draft 2)
ORDINANCE NO.
X38 .3D
AN ORDINANCE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) AND
AGRICULTURAL (A-Sa) TO RESIDENTIAL-AGRICULTURAL (RA-2a) AT
KEALAKEKUA AND KAAWALOA, SOUTH KONA, HAWAII, COVERED BY TAX MAP
KEY 8-2-02:33 AND PORTION OF 2.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-88, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Kealakekua and Kaawaloa, South Kona, Hawaii,
shall be Residential-Agricultural (RA-2a):
Parcel 1
Beginning at the northeast corner of this parcel of land
and on the southwesterly side of a Lower Government Main
Road, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "PALEMANO"
being 11,204.46 feet North and 3,786.46 feet East thence
running by azimuths measured clockwise from True South:
Along the Lower Government Main Road for the next
twenty-six (26) courses, the direct azimuths and
distances being:
1. 329° 47' 21.89 feet;
2. 338° 35' 55.33 feet;
3. 323° 51' 30" 136.42 feet;
LA/TN
4. 310° 30' 30" 126.04 feet;
5. 321° 38' 37.87 feet;
6. 337° 55' 30" 172.27 feet;
7. 325° 45' 136.57 feet;
8. 331° 58' 70.48 feet;
9. 341° 16' 43.54 feet;
10. 335° 25' 72.33 feet;
11. 323° 41' 65.93 feet;
12. 330° 43' 30" 163.02 feet;
13. 337° 56' 50.75 feet;
14. 356° 42' 70.71 feet;
15. 6° 31' 73.85 feet;
16. 18° 28' 65.59 feet;
17. 4° 56' 30" 40.41 feet;
18. 334° 48' 53.35 feet;
19. 325° 08' 61.54 feet;
20. 315° 11' 55.98 feet;
21. 319° 53' 30" 149.59 feet;
22. 337° 39' 40.71 feet;
23. 353° 24' 79.89 feet;
24. 12° 50' 71.01 feet;
25. 30° 47' 30" 107.39 feet;
26. 18° 07' 25.10 feet;
27. 137° 45' 104.95 feet along the remainder
of Royal Patents 3607 and
7533, L.C. Aw. 8452:9 to
A. Keohokalole (Lot 7);
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28. Thence aleng same on a curve to the left with a radius
of 30.00 feet, the chord
azimuth and distance being:
92° 45' 42.43 feet;
29. 47° 45' 232.23 feet along the remainder
of Royal Patents 3607 and
7533, L.C. Aw. 8452:9 to
A. Keohokalole (Lot 7);
30. 317° 45' 184.28 feet along the remainder
of Royal Patents 3607 and
7533, L.C. Aw. 8452:9 to
A. Keohokalole (Lot 7 and
6);
31. 325° 00' 140.00 feet along the remainder
of Royal Patents 3607 and
7533, L.C. Aw. 8452:9 to
A. Keohokalole (Lots 6 and
5);
32. 41° 20' 103.17 feet along the remainder
of Royal Patents 3607 and
7533, L.C. Aw. 8452:9 to
A. Keohokalole (Lot 4-A);
33. 28° 15' 407.85 feet along the remainder
of Royal Patents 3607 and
7533, L.C. Aw. 8452:9 to
A. Keohokalole (Lots 4-A
and 3);
34. 113° 47' 38" 2,564.11 feet along the remainder
of Royal Patents 3607 and
7533, L. C. Aw. 8452:9 to
A. Keohokalole;
Thence along a stonewall along Boundary Certificate 134,
Lano Commission Award
8452:10 to A. Keohokalole
for the next nine (9)
courses, the direct
azimuths and distances
being:
35. 255° 09'
36. 256° 06' 30"
20.17 feet;
26.44 feet;
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37. 246° 48' 30" 99.61 feet;
38. 234° 44' 316.94 feet;
39. 234° 40' 30" 161.22 feet;
40. 234° 45' 30" 132.01 feet;
41. 240° OS' 30" 38.43 feet;
42. 240° 10' 30" 306.44 feet;
43. 233° 25' 30" 179.95 feet;
Then ce along a stonewall along t he remainder of Boundary
Certificate 134, Land
Commission Award 8452:10
to A. Keohokalole for the
next nine (9) courses, the
direct azimuths and
distances being:
44. 149° O1' 43.18 feet;
45. 228° 14' 94.26 feet;
46. 156° 38' 72.55 feet;
47. 245° 58' 47.39 feet;
48. 229° O1' 30" 161.95 feet;
49. 208° 34' 30" 60.40 feet;
50. 158° 57' 30" 32.91 feet;
51. 226° 26' 112.88 feet;
52. •239° 20' 729.45 feet to the point of
beginning and containing
an area of 80.375 Acres.
(Refer to Parcel 1 as
shown on Exhibit "A").
The di stri ct classif ication of the following area
situ ated at Kea lakekua, South Ko na, Hawaii, shall be
Resi dential -Agr icultural (RA-2a) :
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Parcel 2
Beginning at the northeast corner of this parcel of land
and on the southerly boundary of Boundary Certificate 134,
L.C. Aw. 8452:10 to A. Keohokalole, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "PALEMANO" being 9,697.02 feet North
and 1,796.78 feet East thence running by azimuths measured
clockwise from True South:
1. 293° 47' 38" 2,564.77 feet along the remainder
of R.P. 3607 and 7533,
L.C. Aw. 8452:9 to
A. Keohokalole;
2. 28° 15' 374.17 feet along the remainder
of R.P. 3607 and 7533,
L.C. Aw. 8452:9 to
A. Keohokalole (Lot 3);
Thence on the Land Use District Boundary (Urban-
Conservation) as adopted
and certified by the State
Land Use Commission on
March 11, 1982 for the
next three (3) courses,
the direct azimuth and
distances being:
3. 111° 15' 1,138.86 feet along the remainder
of Royal Patents 3607 and
7533, L.C. Aw. 8452:9 to
A. Keohokalole;
4. 102° 10' 1,118.00 feet along same;
5. 120° 15' 720.04 feet along same;
6. 238° 43' 30" 353.40 feet along Boundary
Certificate 134, L.C. Aw.
8452:10 to A. Keohokalole;
7. 240° 52' 348.70 feet along same to the
point of beginning and
containing an area of
31.366 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A").
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
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SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors
or its assigns shall comply with the stated conditions of
approval; (B) subdivision plans shall be submitted to the
Planning Department within one year from the effective date of
the zone change. Final subdivision approval shall be secured
within one year from the date of receipt of tentative
subdivision approval; (C) an annual progress report shall be
submitted to the Planning Director prior to the anniversary
date of the change of zone. The progress report shall include,
but not be limited to, the status of the development, the
extent to which conditions have been complied, the number of
lots sold, number of homes constructed, and the type of
agricultural activity, if any, conducted on the properties;
(D) a drainage system shall be installed in accordance with the
requirements of the Department of Public Works; (E) either
guardrails meeting the approval of the Department of Public
Works or a minimum 100 foot structural setback along the
IJapoopoo Road boundary shall be provided for future road
improvements. If a setback is provided, the appropriate deed
restrictions shall be included for all proposed lots;
(F) pursuant to Chapter 46-4(C)(2), HRS, ohana dwelling units
may be permitted provided the Chief Engineer determines that
the existing Mamalahoa Highway-Napoopoo Government Road
intersection is adequate to service additional ohana dwelling
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units which could be created by the proposed subdivision. Such
a determination shall be based upon a traffic impact study
which shall be submitted and approved by the Chief Engineer;
(G) the developer's share of any intersection improvement costs
at Mamalahoa Highway and Napoopoo Road shall be determined by
the Planning Department on a pro rata basis; (H) all other
applicable rules, regulations and requirements shall be
complied with; and (I) 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,
successors or assigns, and that 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; and 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. Should the council adopt A Uniform Impact Fees
Ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may be satisfied by performance in accordance with the
requirements of the Uniform Impact Fees Ordinance.
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:
Hilo, Hawaii
Date of Introduction: February 17, 1988
Date of 1st Reading: February 17, 1988
Date of 2nd Reading: march 2, 1988
Effective Date: ^^arch 7, 19E8
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AMENDMENT TO TI'IE ZONING CODE
AMC-NtbING SC-CTION "~.5-88 (SouTH KONA zoNC
MAP) A(~TIC~E 3, Ct-4APTCt~ ~5, (zoN1NG COOC~ of
THE HAWAII COUNTY CO[~E, t3Y CHANGING THG
pISTf~iCT' CLASSIFICATIOI~t TOM UNI~I..ANNC-b
(U) Al~tp AGI^~1CU1.._TU(~2AL (A-Sa) To IQCSI~C-NTIAL
AGI~ICUf_TUI?AL (I2A-2 q) AT hCEALAKCKUA ANO
KAAWALOA, sovT-H KoNA, HAwAII_
(°RE pARCt] BY =PLANNING 1~C1~AI~TMENT
coUNTY OF f--IAWAtI
TMK°8-2-02=33 ANA POR-OF 2 1~>=C-~, 1°87
EXHIBIT ~~A~~