HomeMy WebLinkAboutORD 1991-049 1988-1992COUNTY OF HAWAII ...:.STATE OF HAWAII
BILL NO. 4 2 5
(Draft 2)
ORDINANCE NO. 91 ~9
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 SINGLE FAMILY
RESIDENTIAL (RS-20) TO OPEN (O) AND FROM OPEN (O) TO SINGLE
FAMILY RESIDENTIAL (RS-20) AT OULI, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-2-02:PORTION OF 12.
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 Ouli, South Kohala, Hawaii, shall be Open (O):
PARCEL A:
Beginning at the Northeast corner of this parcel of land,
on the Westerly side of Queen Kaahumanu Highway, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUAKO" being
8,511.02 feet North and 4,979.32 feet East, thence running
by azimuths measured clockwise from True South:
1. 11° 15' 257.50 feet along the Westerly
side of Queen Kaahumanu
Highway;
2. 281° 15'
3. 11° 15'
101° 15'
4. Thence along the remainder
5
6
7
15.00 feet along the Westerly
side of Queen Kaahumanu
Highway;
50.00 feet along the Westerly
side of Queen Kaahumanu
Highway;
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63), on a curve to the
right with a radius of
120.00 feet, the chord
azimuth and distance being:
56° 15' 169.71 feet;
5.00 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
Thence along the remainder
188° 50'
8. 119° 20'
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63), on a curve to the
left with a radius of
330.00 feet, the chord
azimuth and distance being:
97° 46' 40.10 feet;
235.83 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
195.10 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63};
-2-
9. 108° 53' 240.81 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
10. 219° 25' 50" 74.76 feet along Lot 10 of The
Revised Second Increment
of the Mauna Kea Fairways,
Unit 1 Planned Unit
Development (File Plan
1512);
11. 288° 53' 225.00
12. 305° 50' 105.00
13. 255° 50' 255.00
The district classification
situated at Ouli, South Kohala,
Family Residential (RS-20):
feet along Lot 10 of The
Revised Second Increment
of the Mauna Kea Fairways,
Unit 1 Planned Unit
Development (File Plan
1512);
feet along Lot 10 of The
Revised Second Increment
of the Mauna Kea Fairways,
Unit 1 Planned Unit
Development (File Plan
1512);
feet along Lot 10 of The
Revised Second Increment
of the Mauna Kea Fairways,
Unit 1 Planned Unit
Development (File Plan
1512) to the point of
beginning and containing
an Area of 2.078 Acres.
(Refer to Parcel A as
shown on Exhibit "A".);
of the following area
Hawaii, shall be Single
PARCEL B:
Beginning at the West corner of this parcel of land, the
coordinates of said point of begining referred to
Government Survey Triangulation Station "PUAKO" being
7,950.55 feet North and 4,141.24 feet East, thence running
by azimuths measured clockwise from True South:
-3-
1. 207° 27' 30" 45.04 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
2. 312° 40' 257.90 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
3. 274° OS' 37.93 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
4
Thence along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63), on a curve to the
right with a radius of
330.00 feet, the chord
azimuth and distance being:
229° 11' 467.50 feet;
5
6
7.
8° 50' 208.41 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
51° 00' 64.30 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
60° 45' 58.00 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
-4 -
8. 48° 00' 79.00 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
9. 65° 40' 70.00 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
10. 94° 10' 116.00 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
11. 121° 40' 142.00 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-H,
Apana 1 to Kanehoa
(Certificate of Boundaries
No. 63);
12. 133° 40' 157.62 feet along the remainder
of R.P. 2237, Land
Commission Award 8518-B,
Agana 1 to Kanehoa
(Certificate of Boundaries
No. 63) to the point of
beginning and containing
an Area of 2.106 Acres.
(Refer to Parcel B 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 its assigns shall comply with Conditions A through I of
Change of Zone Ordinance No. 86 46; (B) the applicant,
-5-
successors, or assigns shall comply with all conditions of
Special Management Area Use Permit No. 232 (85-17); (C) a
drainage system shall be installed in accordance with the
requirements of the Department of Public Works; (D) all other
applicable laws, rules, regulations and requirements shall be
complied with; (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
applicant, successors or assigns, and that are not the result
of their fault or negligence; 2) the 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 be performed within one year may be extended for
-6-
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
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:
COUNCIL MEMBER COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 1, 1991
Date of 1st Reading: May 1, 1991
Date of 2nd Reading: C4ay 15, 1991
Effective Date: May 22, 1991
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATED:
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PAfQCG-L B
OPEN (O) TO
SINOLC FAMILY
RESIDENTIAL (RS-"20~
AREA = ~.f 06 ACRES
A-la c
WUEEN KAAMvM ANU
53 N /
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THE MAVNA KEA
o FAIR WAYS"
RS -'moo
PARCCL A
SINGLC FAMILY
RC-SIbENT1AL (RS-~O~
TO OPEN (O)
AREA =-2_078 ACRES
B,04.O2 N
~4,9J4.31 E O
PUAKO" p
VNPLArvNEO (u)
O
PROPOSED SOVTH KOHALA
fiC-DORY' GOLP COURSE
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ML-10 R9-t5 ~ e
AMENDMENT TO THE ZONING CODE
AME'.NDINC4 SECTION ZS-Oi1= (KAWA1hiAE-PLIAKO ZONE
MAP) ARTICLE 3, CHAPTER ~~3 (ZONING CODE) O}~ THE
HAWAiI COUNT? CODE Ay CHANGING THE D18TR1CT
CL.Ai°.31FICATION FROM S1NC3L_E PAMIl.7' }[E5IDENTIAL
(RS-~.o) '['O OPEN (o) ANO PROM OPEN (o) To SINGLE
FAMILY RESIt7ENT1AL (RJ-2o) AT ovLt~ $otJ'TH
KOHA~-A, HAWAII.
PRE PAREb BY PLANNING DEPARTMENT
COUNTY of HALYAft
TMK = 6-O.-o~ =PORTION OF I~ MARCH I, 191
EXHIBIT ItNt1 (MAUNA KCA PRePERT16~J)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
(DRAFT 2)
I
I
I
I
1 L
ROLL CALL VOTE
f1L1ULL LLl:CLL Dy: ••"~"
)ate Introduced: May 1, 1991
AYES
NOES
ABS
EX
first Reading: May 1, 19 91 ARAKAKI X
'ublished: DE LIMA X
DOMINGO
ZEMARKS: HALE X
KOKUBUN
LAI X
MAKU
K
A
ANE
RUDDLE X
SCHUTTE
Second Reading: May 15, 1991
ROLL CALL VOTE
ioiviayor:
Returned: ....r
Atay ~.,,
23, ~,.~
1991
AYES
NOES
ABS
EX
Effective: May 22, 1991 ARAKAKI X
Published: Nlay 2 8 ; 19 91 DE LIMA X
DOMINGO X
REMARKS HALE }{
: KOKUBUN X
LAI X
MAKU
K X
A
ANE
RUDDLE X
SCHUTTE X
0 1
I DO HEREBY CERTIFY that the (ore~oin,Q BILL was adopted by the County Coancil and
published as indicated above.
' i
Itii ~ ~C"~ BRAT: ":.. C~~U: SE'.
COUNTY G; N;'f/-r•.II
>~~~ ._MAY__~._0_t991
~:~ ~ J
Approued~e~roce~' this - day
of ~ 19 ~-.
~~
MAYOR, CO NTY O~ WAII
OUNCIL CHAIRMAN
O U1VTY CL~t_ T_
Bill No.:
Reference:
Ord. No.:
425 (Draft 2)