HomeMy WebLinkAboutORD 1988-115 1988-1992COUNTY OF HAWAII _ .,STATE OF HAWAII
Bill No. 4as
. Draft 2)
ORDINANCE NO. 88 115
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO SINGLE
FAMILY RESIDENTIAL (RS-10) AT KALAOA 4TH, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-05:86.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Cade) 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 Kalaoa 4th, North Kona, Hawaii, shall be
Single Family Residential (RS-10):
Beginning at the southeast corner of this parcel of land,
being also the northeast corner of Lot 231, Kona Palisade,
Unit I (File Plan 1061), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "MOANUTAHEA" being 7,041.67 feet South and
12,048.68 feet West, thence running by azimuths measured
clockwise from True South:
1. 95° 55' 248.72 feet along Lot 231,
Lot 229 and a portion of
Lot 228, Kona Palisade,
Unit I (File Plan 1061);
2. 99° 04' 258.00 feet along a portion of
Lot 228, Lot 227, Lot 226,
Lot 225 and a portion of
Lot 224, Kona Palisade,
Unit I (File Plan 1061);
I,A/TN
3. 106°• 41' 30" 234.50 feet along a portion of
Lot 224, Lot 223, Lot 222
and a portion of Lot 221,
Kona Palisade, Unit I
(File Plan 1061):
4. 105° 20' 327.00 feet along a portion of
Lot 221, Lot 220, Lot 219,
Lot 218, Lot 217 and a
portion of Lot 216, Kona
Palisade, Unit I (File
Plan 1061);
5. 102° 38' 30" 165.00 feet along a portion of
Lot 216, Lot 215 and a
portion of Lot 214, Kona
Palisade, Unit I (File
Plan 1061);
6. 179° 35' S0" 190.86 feet along a portion of
Grant 3750 to Kahananui;
7. 280° 03' 217.74 feet along the remainder
of Grant 1607 to Nawahie
(portion of Parcel B);
8. 284° 47' 30" 174.48 feet along same;
9. 288° 44' 126.97 feet along same;
10. 283° 06' 30" 20.28 feet along same;
11. 265° 03' 30" 125.28 feet along same;
12. 276° 38' 46" 627.36 feet along same;
13. 13° 30' 265.81 feet along the remainder
of Grant 1607 to Nawahie
(Lot 7, 50-Foot Road) to
the point of beginning and
containing an area of
6.606 Acres.
All as shown on the map att ached hereto, marked
Exhibit "A" and by reference mad e a part hereof.
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SECTION 2: This change in district classification is
conditioned upon the following: (A) the applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) subdivision plans shall be
submitted for tentative approval within one year from the
effective date of the change of zone. Final subdivision
approval shall be-secured within one year from the date of
receipt of tentative subdivision approval; (C) construction of
single family dwellings shall commence on twenty-five percent
of the proposed lots within three years from the date of
receipt of Final Subdivision Approval; (D) a drainage system
meeting with the approval of the Department of Public Works
shall be installed; (E) access to the proposed lots shall meet
with the approval of the Department of Public Works. Further,
the Oneone Street extension within the property and the private
roadway shall be constructed to dedicable standards in
accordance with the requirements of the Department of Public
Works; (F) the recommendations as outlined in the
Archaeological Reconnaissance Survey Report shall be complied
with; (G) should any unanticipated archaeological/historical
sites or features of importance be uncovered during land
preparation activities, work in the affected area shall cease
immediately and the Planning Director shall be notified. Work
in the affected area shall not resume until such time that
clearance is obtainea from the Planning Director; (H) all other
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applicable laws, rules, regulations and requirements be
complied with; (I) 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, (J) 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; 4) 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 5) 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.
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
~~
B , C HA w~Ti-
Hilo, Hawaii
Date of Introduction: February 17, 1988
Date of 1st Reading: February 7.7, 1988
Date of 2nd Reading: August 3, 1988
Effective Date: August 17, 1988
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AMENDMENT TO THE ZONING CODE
AMC-LADING SECTION Z5-87 (NORTH KONA 'zONE
MAP) ARTIC!_C- ~, CHAPTER' ~5 (ZONING CflDC--)
OF THE 1-1AWAll COUNTY COflE, EY CHANGiNCi
THE DISTRICT CLA551FICATION PIROM UN-
P~-ANNEb U) TO SINGLE FAMtI-Y iQC51DEN-
TIAL (RS-lo AT KALAOA 4TH, NORTH KONA,
HAWAII_
I°REI°ARED Bl' = 1°LANNING ~EI°AT~2TMENT
COUNTY O~ NA1NA11
T1vIK = 7-3-OS a 66 NOV. ZD, IgB7
EXHIBIT IIAII