HomeMy WebLinkAboutORD 1990-130 1988-1992COUNTY OF HAWAII. _ STATE OF HAWAII
BILL NO. 319
ORDINANCE NO. 90 130
AN ORDINANCE REPEALING ORDINANCE NO. 874, WHICH AMENDED
SECTION 7.05, CURRENTLY SECTION 25-90, THE KAILUA-HONALO URBAN
ZONE MAP, ARTICLE 2, CHAPTER 8, CURRENTLY ARTICLE 3, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE 1983, AS AMENDED, AND
CHANGED THE DISTRICT CLASSIFICATION FROM DOUBLE FAMILY
RESIDENTIAL (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5)
AT HOLUALOA 1ST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-6-17:19 AND 79, AND REDESIGNATING THE SUBJECT PROPERTIES
BY THE DISTRICT CLASSIFICATION OF DOUBLE FAMILY
RESIDENTIAL (RD-3.75).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 874 which amended Section 25-90
(The Kailua-Honalo Urban Zone Map), Article 3, Chapter 25
(Zoning Code) of the Hawaii County Code as amended is hereby
repealed in its entirety.
[SECTION 1. Section 7.05, Article 2, Chapter 8
(Zoning Code) of the Hawaii County Code, as amended, is
further amended to add a new subsection, to read as
follows:
"7.05 (bb). The district classification of the
following area situated at Holualoa 1st and 2nd, North
Kona, Hawaii, shall be Multiple Family
Residential (RM-2.5):
Beginning at a spike in concrete at the southeast corner
of this parcel of land and on the east side of Alii Drive,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAHELO" being
3578.53 feet South and 2183.96 feet East, thence running
by azimuths measured clockwise. from True South:
1. 148° 08' 60.24 feet along the East side
of Alii Drive to a nail;
2. 146° 09' 40.02 feet along the East side
of Alii Drive to a spike
in concrete;
3. 238° 08' 210.24 feet along Lots 27 and 4a
(Portion of Lot 4) to a
spike in concrete;
4. 328° OS' 100.24 feet along the West side
of a 25-feet wide road to
a spike in concrete;
5. 58° OS' 208.84 feet along Lot 61 C
(Portion of Lot 61) to the
point of beginning and
containing an area of
20,962 Square Feet.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
This subsection is conditioned upon the
following: (A) the petitioner or his authorized
representative shall be responsible for complying with all
conditions of the change of zone; (B) plans for the
project shall be submitted for Plan Approval within one
year from the effective date of the change of zone
ordinance; (C) construction shall commence within one year
from the date of receipt of Final Plan Approval and shall
be completed within two years thereafter; (D) the eight
units shall be offered for sale in compliance with the
following: The petitioner shall provide housing
opportunities for low and moderate income Hawaii residents
by selling on a preferential basis, on its own or in
cooperation with the County, the residential units to be
developed on the subject property, to residents of the
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State of Hawaii of low and moderate family income as
determined by the Housing Administrator from time to
time. The preferential residential units shall be sold at
prices not exceeding prices that enable such purchasers to
qualify for and obtain state-assisted financing (i.e.
Act 105 or Hula Mae) or federally-insured or assisted
financing intended to encourage home ownership by low and
moderate income families. The foregoing condition may be
fully or partially released by the Housing Administrator
as to all or any portion of the subject property upon
adequate assurance of satisfaction of this condition by
the petitioner; (E) all units shall have a recorded
covenant prohibiting transient vacation rental or time
sharing of the units as defined by Chapter 514E, Hawaii
Revised Statutes; (F) the two lots shall be consolidated
prior to the issuance of a building permit for the
proposed structure; (G) the requirements of the Department
of water Supply and the Department of Health shall be
complied with; and (H) all other applicable rules,
regulations, and requirements shall be complied with.
Should any of the foregoing conditions not be met, the
rezoning of the property to its original or more
appropriate designation may be initiated."]
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SECTION 2. The properties shall be reclassified back to
its original Double Family Residential (RD-3.75) zoned district
as shown on the map attached hereto, marked Exhibit "A" and by
reference made a part hereof.
SECTION 3. Material to be repealed is bracketed.
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:
~' ~
COUNCI MEMBER, LINTY 0 AWAII
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
October 3, 1990
October 3, 1990
October 17, 1990
October 20, 1990
-4-
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RS J-5' RS-7.5 ry
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MULTII°~-E FAM1L'y ~ ~ Z
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AREA = 20, aJ62 SQ. FT. 1' '~ ..~
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m ~' ~~~y/
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"KAHELO''D
146°09' 14B° o®'
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AMENDMENT TO THE ZONING CODE
REPEAt_ OF OR OINANCE NO- 874, WHICH AM EN bEb SECTION 705,
CU RF2ENTt-7' °JECTION '25-90, THE KAILUA - HONALO UR®AN ZONE
MAP, ARTICLE '2, CHAPTC-R $, CURRENTLY AIQTICLE 3, CHA1°T ER
ZS (20NING CODE) OF THE HAWAII COUNTY CODE, A3 AM ENt7ED,
AND CHANGED THE bIST14tCT CLASSI F1CATt Ott FROM pOUl31--E
FAMILY REStt'~C NTIAL (RD-3-75) TO MULTiPLG FAT~'I1LY IiCSI-
pC--NTIAL (tQM-'2-S) AT HO LU ALOA 1sT ANb 2NO NoT2TH KONA,
HA WAIL UPON THE iQC PEAL OF 01~O1NANCE' NO, 874, THE
gUC-j..JCCT 1°ROi°ET2TY sHALL BE pESIGNATEO IBY THC- 015T>?ICT
CLASSIFICATION OF pOUTJLE FAMILY lRES1bE NTIAL (Rb-3_75)
P1"2E PARED RY = PLANNING f~EPARTMCNT
COUNTY of FIAWAII
TMK = 7- 6-17 = 19 AND 79 MAY 29, 1°JJo
EXHIBIT IIAII