HomeMy WebLinkAboutORD 1988-152 1988-1992COUNTY OF HAWAII_ ~.~~_;~STATE OF HAWAII
Bill No.
ORDINANCE NO.
~8 152
AN ORDINANCE AMENDING SECTION 25-95F (KAWAIHAE-PUAKO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO SINGLE
FAMILY RESIDENTIAL (RS-20) AT LALAMILO, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-6-02:3, 4, 5 & 6.
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 properties described hereinafter
as follows:
The district classification of the following area
situated at Lalamilo, South Kohala, Hawaii, shall be
Single Family Residential (RS-20):
Beginning at a + on solid rock at the northwest corner of
this lot and on the east side of proposed 40-foot road,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUAKO" being
2199.70 feet North and 807.80 feet East, as shown on
Government Survey Registered Map 2826, and running by
azimuths measured clockwise from true South:
1. 287° 00' 200.00 feet along government land;
2. 28° 58' 300.00 feet along same;
3. 107° 00' 200.00 feet along Lot 9, Wailea Beach
Lots;
4. 208° 58' 300.00 feet along the east side of
proposed 40-foot road to the
point of beginning and
containing an area of 1.3774
acres (refer to parcel 1 as
shown on Exhibit "A")
636
The district classification of the following area
situated at Lalamilo, South Kohala, Hawaii, shall be
Single Family Residential (RS-20):
Beginning at the South corner of this lot, on the
North-west side of a 40-foot road reserve, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "PUAKO" being 2094.80 feet North and
704.00 feet East, as shown on Government Survey Registered
Map. No. 2826, and running by true azimuths:
1. 110° 31' 82.90 feet along Government Reserve;
2. 190° 18' 200.00 feet along same to a spike;
3. 290° 31' 147.60 feet to a stake;
4. 28° 58' 199.00 feet along 40-foot road
reserve to the point of
beginning and containing an
area of 0.52 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.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicants, successors
or assigns shall be responsible for complying with all the
stated conditions of approval; (B) single family dwellings
shall be constructed on two of the lots, exclusive of the
existing dwelling, within three years of the effective date of
the zone change; (C) all other applicable laws, rules,
regulations and requirements, including those of the Department
of Public Works relative to roadway and drainage flood control
improvements, be complied with; (D) should the council adopt a
- 2 -
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; (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 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
- 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. In the event that any portion of the 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.
INTRODUCED BY:
CO NCIL ME• BER, C.' NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 5, 1988
Date of 1st Reading: October 5, 1988
Date of 2nd Reading: October 19, 1988
Effective Date: October 27, 1988
- 4 -
TRUG NORTH
SCALC- = 1"=soo'
U NP~ANN EO (U)
F
UNPLANNCO (U)
0
0
0
~..-l o
~0° SB'
~,I°~°~~"~o N ~
300.00
'pu AKO' D 200.00 ~~.~ ._
\
2B° S B'
~~
1°.J.°J.oC
r _
1107°00'
2°J O°5Y
'
,
'200.Oe
RS-IS
~
14260 ~______, `_
I
~~
_ ~
s
~
.
1
\. "`
1^ O
~w~l
a
\
^ `
\ ~ !
C
\0
V '..
3e@\ q
Rg lg
cv-io ~'~~ I\ C _ o
~~
\~~~
KANEKANAKA
pe1NT
L A1C0
/0~~1 \~~-~04.0o E~ o \
p UAKO" 0
W AILC-A 13 AY
O PARCCL I
cf~>=N (c) T°
!31NGLE FAMiI-Y
R ESIDENTtAL (RS-~O~
AREA = 1-3774 ACRC-S
~~~~
O PARCCL 2 OHAI~--
OpEN ~O~ T'o POINT
SINGLE FAM1~-.Y
IQCSI~ENTIAL (RS-2O~
AREA = o_S~ Ac ~iC
RS Is
R s-i S
R ,_Is
TS..
S
.s 's /
~~
/N/
~/ O
AMENDMENT TO THE ZONING CODE
AMCNDINQ SECTION ~5-OAS F (KAWAIHAC - PUAKO
ZONE MAI°) ARTICLE 3, CHAPTER '25 (ZONING
COpt~) OF THE HAWA II COUNTY CODE , BY CHANG-
ING THC- t71STR1CT GI_ASSlF1CATION FI''ZOM
OPETV (o~ -TO 51NGLC FAMIt-Y RcS1DC-NT1AL
(RS-20) AT ~--ALAMiLO, 5oU-I'H KOHALA, HAWAII_
PREpARE~ HY = PLANNING DEPARTMENT
ccuN'rY oP HAWAtI
TMK 6-6-0~=3,4,5 4t 6 AUC~.J, 188
EXHIBIT IIA"