HomeMy WebLinkAboutORD 1990-159 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 3 s 3
ORDINANCE NO. 90 159
AN ORDINANCE AMENDING SECTION 25-95G (PUAKO-ANAEHOOMALU ZONE
MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, HY CHANGING THE DISTRICT CLASSIFICATION FROM VILLAGE
COMMERCIAL (CV-10) TO UNPLANNED (U); UNPLANNED (U) TO VILLAGE
COMMERCIAL (CV-10) AND FROM OPEN (O) TO UNPLANNED (U) AT
WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEYS 6-8-O1:PORTION OF 52 AND 6-8-22:PORTIONS OF 2 AND 35.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95G, 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 Waikoloa, South Kohala, Hawaii, shall be
Unplanned (U):
PARCEL 1:
Beginning at the South corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" being
13,440.13 feet North and 26,962.94 feet West, thence
running by azimuths measured clockwise from True South:
1. 134° 34' 53" 500.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 224° 33' 56" 369.48 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
3. Thence along the remainder of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
left with a radius of
630.00 feet, the chord
azimuth and distance being:
214° 40' 58" 216.26 feet;
4. 316° 08' 501.85 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
5. 41° 00' 570.04 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu to the point of
beginning and containing
an Area of 6.425 Acres.
(Refer to Parcel 1 as
shown on Exhibit "A")
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii shall be
Village Commercial (CV-10):
PARCEL 2:
Beginning at the West corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" being
13,440.13 feet North and 26,962.94 feet West, thence
running by azimuths measured clockwise from True South:
1. 224° 34' S3" 570.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 314° 34' 53" 550.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
3. 44° 34' 53" 570.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
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4. 134° 34' 53" 550.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu to the point of
beginning and containing
an Area of 7.197 Acres.
(Refer to Parcel 2 as
shown on Exhibit "A")
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Unplanned (U):
PARCEL 3:
Beginning at the North corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation station "PW HINAI" being
14,011.72 feet North and 27,535.67 feet West, thence
running by azimuths measured clockwise from True South:
1. 319° 57' 30" 54.37 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 314° 34' 53" 175.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
3. Thence along the remainder of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
right with a radius of
20.00 feet, the chord
azimuth and distance being:
359° 34' S3" 28.28 feet;
4. 44° 34' S3" 80.12 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
5. Thence along the remainder of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
left with a radius of
2030.00 feet, the chord
azimuth and distance
being: 39° 55' 26.5"
329.66 feet;
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6. 35° 16' 340.69 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
7. 201° 19' 838.13 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu to the point of
beginning and containing
an Area of 1.937 Acres.
(Refer to Parcel 3 as
shown on Exhibit "A")
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Unplanned (U):
PARCEL 4:
Beginning at the East corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
14,096.56 feet North and 27,130.48 feet West, thence
running by azimuths measured clockwise from True South:
1. 44° 33' S6" 158.91 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2
Thence along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
right with a radius of
240.00 feet, the chord
azimuth and distance being;
85° 15' 31" 93.66 feet;
3.
4
134° 34' S3" 97.57 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-H, Apana 1 to G.D.
Hueu;
Thence along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
left with a radius of
180.00 feet, the chord
azimuth and distance being:
276° 54' 46" 43.33 feet;
-4-
5. 270° 00' 93.53 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
6. Thence along the remainder of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
left with a radius of
193.41 feet, the chord
azimuth and distance being:
247° 16' S8" 149.38 feet
to the point of beginning
and containing an Area of
0.236 Acre. (Refer to
Parcel 4 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 applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) consolidation/resubdivision
plans shall be submitted 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) Final Plan Approval for the
Phase I of the commercial development shall be secured from the
Planning Department within one year from the date of final
subdivision approval. To assure adequate time for plan
approval review and in accordance with Chapter 25-244 (Zoning
Code), Hawaii County Code, as amended, plans shall be submitted
a minimum of forty-five days prior to the date by which plan
approval must be secured; (D) Phase I construction shall
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commence (building permit) within one year from the date of
receipt of Final Plan Approval and shall be completed
(certificate of occupancy) within two years thereafter;
(E) Final Plan Approval for the Phase II of the commercial
development shall be secured from the Planning Department
within one year from the issuance of a certificate of occupancy
for Phase I; (F) Phase II construction shall commence (building
permit) within one year from the date of receipt of Final Plan
Approval and shall be completed (certificate of occupancy)
within two years thereafter; (G) a drainage system shall be
installed meeting with the requirements of the Department of
Public Works; (H) should any unidentified sites or remains such
as artifacts, shell, bone, or charcoal deposits, human burials,
rock or coral alignments, pavings or walks be encountered, work
in the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall proceed
upon an archaeological clearance from the Planning Department
when it finds that sufficient mitigative measures have been
taken; (I) comply with all other applicable laws, rules,
regulations and requirements, including those of the
Departments of Health, Water Supply, and Public Works;
(J) 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 developers' election, be satisfied by performance in
accordance with the requirements of the Unified Impact Fees
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Ordinance; (K) 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; and, (L) 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 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 permit; 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 applicants should require an
additional extension of time, the Planning Director shall
submit. the applicants' 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
more appropriate designation.
-7-
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 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
i~
COU~CIL MEMBER, COUN OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
December 5, 1990
December 5, 1990
December 19, 1990
December 27, 1990
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A-1- Waikolo~, Soufh Kohala, 1s/arld of Hawaii, Hawaii
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6-8-~~= POR~ of ~ ~ 95
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/OH1V .4. WAGNER
County Clerk
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Sheet
Hilo, Hawaii %720
NOTE
On Bill No. 354 Ordinance No. 90-160
reference is made to a map attached hereto, marked
Exhibit A "
ROBEnT 5. SHIOJI
Deputy County Clerk
HARRY A. TAKAHASHI
IegislaNVe .9uditor
Said Exhibit is not part of the duplicate copies of
this ordinance, due to its size, but is available for viewing
in the Office of the County Clerk.
If further information is needed, call 961-8255.
~ti ~v ~ ~"
John A. Wagner
COUNTY CLERK