HomeMy WebLinkAboutORD 1988-093 1988-1992~`
. ,,
COUNTY OF HAWA~~: =a;~TATE OF HAWAII
Bill No. 557
ORDINANCE NO.
88 9~
AN ORDINANCE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATIONS OF CONDITION E OF ORDINANCE
NO. 88 30 WHICH RECLASSIFIED CERTAIN LANDS 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. Ordinance No. 88 30 is amended as follows:
"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;
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' 70.98 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);
-2-
28. Thence along 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,
Land 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;
-3-
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° 05' 30" 38.43 feet;
42. 240° 10' 30" 306.44 feet;
43. 233° 25' 30" 179.95 feet;
Thence al ong a stonewall along the 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 district classi fication of the following area
situated at Kealakekua, South Kona, Hawaii, shall be
Residenti al-Agricultural (RA-2a):
-4-
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'
5. 120° 15'
6. 238° 43' 30"
1,118.00 feet along same;
720.04 feet along same;
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.
-5-
"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] 60
foot structural setback along the Napoopoo 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
-6-
dwelling 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 appropriate action. Further, should any of the
-7-
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 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.
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction: June 1, 1988
Date of 1st Reading: June 1, 1988
Date of 2nd Reading: June 15, 1988
Effective Date: June 30, 1988
-8-
G -a
i
_ ~ /
0 / , .
0 " ~
yr
W .W
~'l A 5q
f- ul i
>-»
~~ - -,
-a- s>
V A-.o
,v` ` - - -
~v \~ 1
J~
!
\ ccc:c
-
~ recFao
_
~
~
~~~ rtiNUC-
r~cAO-
~
1.~ ~.~ q_
MA MALAMOA ~
.'
-~
HIGHWAY-'
:1.3 oq..sG N
~`' ~ M~~ M~MNf
_ 0
i. ~~6.+9 C -~
"PYL3MIINC" 0
~Pr' ~
f~-- ~
PAf?CCL ~i~
.AGRICULTURAL (A-5a)
'-TO RE51p ENTIAL'~,. "~.
AGRICULTURAL (RA-'2a~~
- ~~AREA = 80.375 ACRES ~~
- .` i/ ~ '
i ~
~- ,~ ~~
~ - -~ ~ 'y "-.!'
i
i vA n
' ~
UNP ~ANNCO ;U~ J ~/
.OW~R GOV T.
MAiN ROAD
'V~^^
Gltiy -
\ O LJNPLhiNNCO ',U ~J
t°ARCgI ~
UNPLANNC-O (U)
~\ TO RESIpENTIAL-
~ ! AGI~tCULTURAL (RA-~ca~
K EALA rcB rcuA AREA = 31.366 ACf2E5
DAY
-
~ i
~.~
_
JIV F't-MNN~C
~
~'. ~
,` ~
AMENDMENT TO THE ZONING CODE
AM~ND1NCi S>=GTION 7.5-a$ (SouTN KONA ZONE
MAP) ART1Ct_E ~, C}-IAt°TER ~5, (ZONiNCi CODE OF
THE HAWA11 COUNTI' COOK, L9Y C11ANG1NG THC
DISTRICT CLA551FiCAT10N F>~oM UNIaLANNED
(U) AJ~te~ AGIQiCULTU~iAt_ (A-5a) To RE=SIDENTIAL=
AGRIGULTU(~?AL (1'2A-~q) AT t~EAL.AKCKUA ANt7
KAAWALOA, SOU'1't-I t[ONA, HAWAII_
I°REPARC~ BY FLANNIN6 17CPAf~zTMENT
couNTY aP HA/`1All
T1tiK• 8-2-02 = ~J3 AND POR- OF ~ DEC- ~ iQ.~F3-''
~^r `,~ • a
`' \\,1\\
l ~ \
~~ ~
y
f39-1~• /
i /.
rXHIBIT ~~A~t
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
ROLL CALL VOTE
S
A NOES ABS EX
Takashi Domingo
ntroduced By:
DAHLBERG
X
)ate Introduced: June 1, 1988 DE LUZ X
First Reading: June 1, 1988 DOMINGO X
'ublished: G X
JITCHAKU-INOUYE X
tEMARKS: KOKUBUN X
LAI X
SCHUTTE X
YAMASHIRO X
8 0 0 1
ROLL CALL VOTE
Second Reading: June 15 , 19 8 8 AYES NOES ABS EX
Po Mayor: June 16, 1988 DAHLBERG X
Returned: June 30 , 1988 DE LUZ X
Effective: June 30, 1988 DOMINGO X
Published: July 8, 1988 GREENWELL X
JITCHAKU-INOUYE X
REMARKS: KOKUBUN X
LAI X
SCHUTTE X
YAMASHIRO X
8 0 0 1
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above.
7~u1 aru/~.~Ge+.1iY
CORPO~ATiO,J (:. lJN~eL
COUt<TY OF HA'vVAll
A%~
O U CIL C A MAN
dUN 2 3 1988
Date _,
Approved/~ieepAreeed this c~Q~ day
of c5 19 ~
MAYOR, COUNTY OF HAWAII
.~. ~~,~
COUNTYCLE K
Bill No.:
Reference:
Ord. No.:
557