HomeMy WebLinkAboutORD 1988-050 1988-1992COUNTY OF HAWAII _ _STATE OF HAWAII
Bill No. 49s
(Draft 2)
ORDINANCE NO.
88 50
AN ORDINANCE AMENDING SECTION 25-95F (KAWAIHAE-PUAKO ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAiJAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-15) AND OPEN (0) TO SINGLE FAMILY RESIDENTIAL (RS-Sa) AT OULI,
SOUTH KOHALA, HAWAII COVERED BY TAX MAP KEY 6-2-02:5.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95F, 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 Ouli, South Kohala, Hawaii, shall be Single
Family Residential (RS-Sa):
Beginning at the Southeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "PUAKO" being
12,711.75 feet North and 2,696.50 feet East and running by
azimuths measured clockwise from true South:
Thence, for the next five (5) courses following along
Parcel D;
1. 133° 30'
77.82 feet to a point;
Thence, following on a curve to the left with a radius
of 105.00 feet, the chord
azimuth and distance being:
2. 108° 00' 90.41 feet to a point;
3. 82° 30' 116.00 feet to a point;
4. 93° 37' 552.11 feet to a point;
LA/TN
5. 103° 50' 274.54 feet to a point;
Thence, for the next three (3) courses following along
the seashore with all its
windings, the direct
azimuths and distances
being:
6. 161° 04' 30" 54.62 feet to a point;
7. 266° 15' 30" 159.00 feet to a point;
8. 200° 41' 30" 421.90 feet to a point;
9. 223° 00' 340.00 feet along the remainder
of Parcel E and along the
existing RS-15 zoned area
to a point;
Thence, run ning along the centerline of waiulaula
Gulch with all its
windings the direct
azimuth and distance being:
10. 303° 21' 20" 865.05 feet to a point;
Thence, for the next three (3) courses following along
the Westerly side of the
Old Kawaihae-Puako Road:
11. 8° 36' 30" 29.08 feet to
12. 17° 31' 102.48 feet to
13. 26° 25' 30" 301.61 feet to
beginni
an area
more or
a point;
a point;
the point of
zg and containing
of 13.27 acres,
less.
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 applicant, successors
or assigns shall comply with all of the stated conditions of
approval; (B) subdivision plans shall be submitted to the
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Planning Department within one year from the effective date of
the zone change; (C) a drainage system shall be installed in
accordance with the requirements of the Department of Public
Works; (D) all other applicable laws, rules, regulations and
requirements be complied with; (E) an annual progress report
shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the zone change. The
report shall address the status of the development and the
compliance with the conditions of approval. This condition
shall remain in effect until all of the conditions of approval
have been complied with and the Planning Director acknowledges
that further reports are not required; and (F) an initial
extension of time for the performance of conditions within the
ordinance may be granted by the Planning 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 negligence; 2) granting of
the time extension would not be contrary to the general plan or
zoning code; 3) granting of the time extension would not be
contrary to the original reasons for the granting of the change
of zone; and 4) the time extension granted shall be for a
period not to exceed tine 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 5) if the
-3-
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 rezoning of the area
to its original or more appropriate designation.
SECTION 3. Should the council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified
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:
J,n ~a~i
COUNCIL MEMBER ,'COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 6, 1988
Date of 1st Reading: April 6, 1988
Date of 2nd Reading: April 20, 1988
Effective Date: Play 2, 1988
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SINGI.._E FAM11-Y
RESIDENTIAL (RS-Sa)
AREA = 13.7 AC2E5
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KAA LA
poiNT
AMENDMENT TO THE ZONING CODE
AMEND1Nd SECTION '25-~5F (KAYVAIHAE -PLAKO
ZONE MAP) ARTICLE 3, CHAPTEI'~ ~5 (ZONINd CODE
O~ THE HAWAII COUNTY CODE, BY CHANGING THt
bISTRICT CLASSIPICATtON F1~OM SINGLE FAMILY
RESIDENTIAL (RS-15) ANL~ OpEh! (O) To SINGLE
FAMILY IQESIDENTIAL (125-5q) AT OL~LI, SOUTH
KOHALA, HAWAII.
F'RE1°AT~tC~ HY = PLANNING C~EpA1"~'Tt`'1CNT
COUNTY of 1""IAW All
'TMK = 6-2-0~=5
JAN_ 7 f°..~88
EXHIBIT ~~A~~