HomeMy WebLinkAboutORD 1988-117 1988-1992COUNTY OF HAWAIL, ®:~; :,STATE OF HAWAII
Bill No. 4 a 7
(Draft 2)
ORDINANCE NO.
$8 117
AN ORDINANCE AMENDING SECTIOPJ 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 7-3-05:87.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Cade, 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 147, Kona Palisade,
Unit I (File Plan 1061), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "MOANUTAHEA" being 7,113.32 feet South and
10,820.04 feet West, thence running by azimuths measured
clockwise from True South:
1. 100° 37' 30" 129.58 feet along a portion of
Lot 147, Kona Palisade,
Unit I (File Plan 1061);
2. 98° 56' 262.00 feet along a portion of
Lot 147, Lct 140, Lot 139
and a portion of Lot 138,
Kona Palisade, Unit I
(File Plan 1061);
LA/TN
3. 87°' S5' 30" 574.00 feet along a portion of
Lot 138, Lot 131, Lot 130
and a portion of Lot 124,
Kona Palisade, Unit I
(File Plan 1061):
4. 95° 55' 219.71 feet along a portion of
Lot 124, Lot 123 and
Lot 119, Kona Palisade,
Unit I (File Plan 1061);
5. 194° 30' 265.16 feet along the remainder
of Grant 1607 to Nawahie
(Lot 7, 50-Foot Road);
6. 276° 38' 46" 1,142.51 feet along the remainder
of Grant 1607 to Nawahie
(portion of Parcel B);
7. 6° 50' 192.29 feet along the remainder
of Grant 1607 to Nawahie
(Lot 6, 50-Foot Road) to
the point of beginning and
containing an area of
5.655 Acres.
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
conaitioned 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
-Z-
receipt of Final Subdivision Approval; (D) a drainage system
meeting with the approval of the Department of Public Works
shall be installed; (E) access(es) to the proposed lots shall
meet with the approval of the Department of Public Works.
Further, the Oneone Street and Keokeo Street extensions within
the property shall be constructed to dedicable standards in
accordance with the requirements of the Department of Public
Works; (F) submit an archaeological report to the Department of
Land and PJatural Resources, Historic Sites Section and the
Planning Department documenting archaeological sites
satisfactory to an intensive survey level prior to any grubbing
and/or land alteration; (G) submit a data recovery program for
the burial site for review and approval by the Department of
Land and Natural Resources, Historic Sites Section and the
Planning Department. Reinterment of the burial shall comply
with applicable regulations, and shall be completed prior to
any grubbing or land alteration; (H) 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 obtained from the Planning
Director; (I) an annual progress report shall be submitted to
the Planning Director prior to the anniversary date of the zone
-3-
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) all other applicable rules, regulations and requirements be
complied with; and, (K) 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
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.
-4-
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:
~ ` r
~CiDNCIL-F ~ REHBE ~ `AAKAIf
OAI
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
February 17, 1988
February 17, 1988
August 3, 1988
August 17, 1988
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AMENDMENT TO THE ZONING CODE
AMCNDINC3 SECTION ~5-87 (NOf@TH KONA ZONE
MAI°) AIZTICI_.C 3, CHAI°TEI~ ~5 (ZONING CODE
OP THE HAWAII COUNTY CODE, SY CHA1VGfNG THE
DISTRICT CLASSIFICATION FI~oM UNP1_ANNCt~
~U) TO StNGI_C FAMtt_Y t~ESI1~ENTIAL ~f~2S-10~ AT
KALAOA 4TH, NORTH KONA, HAWA11_
PRE1°AR ED 19Y _ PLANNfNG D1=PART NICNT
COUNTY OF HAWAII
TMK = 7-~-os = 87 Nom .30, Ig87
EXHIBIT IIA~~