HomeMy WebLinkAboutORD 1990-144 1988-1992COUNTY OF HAWAII.. ' STATE OF HAWAII
BILL NO. 23s
(Draft 2)
ORDINANCE NO. 90 144
AN ORDINANCE AMENDING SECTION 25-115 (PAPAIKOU-ONOMEA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO AGRICULTURAL (A-3a) AT PAUKAA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-7-38:3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-115, Article 3, Chapter 25 (Zoning
Code) 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 Paukaa, South Hilo, Hawaii, shall be
Agricultural (A-3a):
Beginning at the Northeast corner of this parcel of land,
on the West side of Mamalahoa (Old Belt Road) Highway, and
being the Southeast corner of Lot 4 of Paukaa Farm Lots,
same being a portion of Royal Patent 8335, Land Commission
Award 7715, Apana 16 to Lota Kamehameha (Certificate of
Boundaries No. 181), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "ALALA" being 25,231.52 feet South and 5,464.38
feet East, and thence running by azimuths measured
clockwise from true South:
1. 344° 57' 152.63 feet along the West side
of Mamalahoa (Old Belt
Road) Highway;
2. 347° 00' 148.47 feet along the West side
of Mamalahoa (Old Belt
Road) Highway;
3.
4
5.
6.
7.
72° 07' 82.77 feet along the North
boundary of Lot 17 of
Paukaa Village, same being
a portion of R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181);
63° 49' 49.70 feet along the North
boundary of Lot 17 of
Paukaa Village, same being
a portion of R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181);
46° 42' 108.80 feet along the North
boundary of Lots 17, 19
and 36 of Paukaa Village,
same being portions of
R.P. 8335, L.C.Aw. 7715,
Ap. 16 to Lota Kamehameha
(Certificate of Boundaries
No. 181);
36° 16' 172.60 feet along the North
boundary of Lots 36 and 38
of Paukaa Village, same
being portions of R.P.
8335, L.C.Aw 7715, Ap. 16
to Lota Kamehameha
(Certificate of Boundaries
No. 181);
46° 40' 207.32 feet along the North
boundary of Lots 38 and 48
of Paukaa Village, same
being portions of R.P.
8335, L.C.Aw 7715, Ap. 16
to Lota Kamehameha
(Certificate of Boundaries
No. 181);
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8.
9.
10
11
13° 30'
5°
20'
18°
00'
108° 00'
62.90 feet along the West
boundary of Lots 48 and 49
of Paukaa Village, same
being portions of R.P.
8335, L.C.Aw. 7715, Ap. 16
to Lota Kamehameha
(Certificate of Boundaries
No. 181);
82.30 feet along the West
boundary of Lots 49 and 50
of Paukaa Village, same
being portions of R.P.
8335, L.C.Aw. 7715, Ap. 16
to Lota Kamehameha
(Certificate of Boundaries
No. 181);
30.00 feet along Lot 1 of Paukaa
Farm Lots, same being all
of R.P. 4683, L.C.Aw. 4735
to Maa and portions of
R.P. 4689, L.C.Aw. 4969 to
Kalama and R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181);
5.81 feet along Lot 1 of Paukaa
Farm Lots, same being all
of R.P. 4683, L.C.Aw. 4735
to Maa and portions of
R.P. 4689, L.C.Aw. 4969 to
Kalama and R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181);
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12. Thence along Lot 1 of Paukaa Farm Lots, same being
all of R.P. 4683, L.C.Aw.
4735 to Maa and portions
of R.P. 4689, L.C.Aw. 4969
to Kalama and R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181), on a curve to
the right with a radius of
180.00 feet, the chord
azimuth and distance being:
134° 10' 30" 158.80 feet;
13. 160° 21' 418.27 feet along Lot 1 of Paukaa
Farm Lots, same being all
of R.P. 4683, L.C.Aw. 4735
to Maa and portions of
R.P. 4689, L.C.Aw. 4969 to
Kalama and R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181);
14. Thence along Lot 4 of
Paukaa Farm Lots, same being a
portion of R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181), on a curve to
the left with a radius of
450.00 feet, the chord
azimuth and distance being:
237° 22' 30" 202.07 feet;
15. 224° 24' 194.00 feet along Lot 4 of Paukaa
Farm Lots, same being a
portion of R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181);
-4-
16. Thence along Lot 4 of Paukaa Farm Lots, same being a
portion of R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
on a curve to the right
with a radius of 300.00
feet, the chord azimuth
and distance being:
243° 25' 00" 195.51 feet;
17. 262° 26' 195.04 feet along Lot 4 of Paukaa
Farm Lots, same being a
portion of R.P. 8335,
L.C.Aw. 7715, Ap. 16 to
Lota Kamehameha
(Certificate of Boundaries
No. 181) to the point: of
beginning and containing
an area of 7.189 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
conditioned upon the following: (A) the applicant, successors
or its assigns shall be responsible for complying with all of
the stated conditions of approval; (B) subdivision plans shall
be submitted to the Planning Department 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) a drainage
system shall be installed in accordance with the requirements
of the Department of Public Works; (D) access shall meet with
the approval of the Department of Public Works; (E) all other
applicable laws, rules, regulations and requirements shall be
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complied with, including those of the Department of Water
Supply; (F) should the council adopt a 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; (G) an annual progress report shall be
submitted to the Planning Director prior to the anniversary
date of the effective date of the change of zone. 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 and the Planning Director acknowledges that further
reports are not required; (H) an 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 applicant,
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
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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 shall initiate rezoning of the area to its original or
ore 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 9. This ordinance shall take effect upon its
approval.
BY:
~ ~~
COUNCIL MEM{3ER, CO NTY OF HAWAII
I
Hilo, Hawaii
Date of Introduction: November 8, 1990
Date of 1st Reading: November 8, 1990
Date of 2nd Reading: November 21, 1990
Effective Date: November 30, 1990
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pAUKAA POINT
AMENDMENT TO THE ZONING CODE
AMENDING SECTION ZS-115 (PApA1hCOU-ONON}EA
ZONE MAID) ARTICLC ~, CHAPTC-R ~S (,ZONING
CODE) OF THE HAYVAI I COU1VTy CODE , By
CHANGING THC- p15TR1CT CLA351FlCATIdN
FROM AGRiCUI.TUI?AL (A-~Oc~) T'O AGRZICUL.-
TUt?AL (A-3Q) AT PAUKAA, SOUTH HILOt HAWAtI.
PRcPA1ctE[~ 13y PLANNING t7EPAt~TMENT
couNTY of HAY`lAfl
K = 2 -7- .90 = °J
JAN_ 17, 1°-~°~O
EXHIBIT IIAII