HomeMy WebLinkAboutORD 1991-026 1988-1992COUNTY OF HAWAII ..STATE OF HAWAII
BILL NO. 393
ORDINANCE NO. 91 26
AN ORDINANCE AMENDING SECTION 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-15) AT KEAUHOU 1ST, NORTH KONA,
HAWAII COVERED BY TAX MAP KEY 7-8-17:ROAD REMNANT.
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 Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Keauhou 1st, North Kona, Hawaii, shall be
Single Family Residential (RS-15):
Beginning at the east corner of this parcel of land and at
the north corner of Deed: State of Hawaii to Gilbert K.
Hakoda and Yaeko Hakoda dated June 30, 1976 and recorded
in Liber 11538, Page 591, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "KAILUA" (North Meridian) being 26,373.06 feet
South and 17,197.84 feet East, thence running by azimuths
measured clockwise from True South:
1. 34° 19' 64.74 feet along Deed: State of
Hawaii to Gilbert K.
Hakoda and Yaeko Hakoda
dated June 30, 1976 and
recorded in Liber 11538,
Page 591;
2. 166° 10' 27" 33.48 feet along L.C. Aw. 9754
to Kapela 2;
3. 166° 32' 57" 82.10 feet along L.C. Aw. 9754
to Kapela 2;
4. 152° 55' 57" 20.32 feet along L.C. Aw. 9754
to Kapela 2;
5. 230° 00' 32.65 feet along Parcel 1 of
Road Remnant;
6. 159° 10' 33.00 feet along Parcel 1 of
Road Remnant;
7. 258° 42' 10.00 feet along R.P. 4475, L.C.
Aw. 7713, Ap. 7 to V.
Kamamalu;
8. 339° 10' 139.92 feet along L.C. Aw. 9754
to Kapele 2 to the point
of beginning and
containing an Area of 5667
Square Feet.
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 assigns shall be responsible for complying with all 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 approval; (C) comply with all other applicable laws,
rules, regulations, and requirements; (D) should the Council
adopt a Unified Impact Fees ordinance setting forth criteria
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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 change of zone. The report shall include, but not be
limited to, the status of the development and to what extent
the conditions of approval are being complied with. 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, (F) an
extension of time for the performance of conditions within the
permit 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; 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). Further,
-3-
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.
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:
" _ ~--
COUN IL MEMB COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: March 6, 1991
Date of 1st Reading: f4arch 6, 1991
Date of 2nd Reading: Plarch 21, 1991
Effective Date: 24arch 21, 1991
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION '25-87 ~NORT1i KONA ZONE MAP
ARTICI_.C- 3, CHAPTETQ "25 (ZONING CODE) OF THE
HAWAII COUNT? CODE 13~' CHATdG1NG THB bISTR1CT
C<_ASStFiCAT10N FROM UNPI---ANNCD ~V) To 51NGLE
FAMILY 1~CS1lDENT1Al_ Lf~S-i9) AT }Gt=AVHOt.1 1ST,
NORTH KONA, HAWAfI_
PREpAREO t9Y = PLANNING [~[-~PA14TM>sNT
COUNTY Gr HAWAII
TMK ' 7- 9-17 c ROAD REfr1NANT DE'G_ 7, 1°90
EXHIBIT °A~~