HomeMy WebLinkAboutORD 1992-119 1992-1994ORDINANCE NO. 92 11.9
AN ORDINANCE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD
COMMERCIAL (CN-7.5) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT
KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP
KEY 8-2-15:PORTION OF 22.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-88, 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 Kealakekua, South Kona, Hawaii, shall be
Single Family Residential (RS-10):
Beginning at the Northwesterly corner of this parcel of
land, being zlso an angle point on the Westerly boundary of
Lot 32-B and being an angle point on the Easterly boundary of
Lot 1, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU" being
8,287.88 feet South and 14,533.09 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next five (5) courses following along the
remainder of Royal Patent 3607 and 7533, Land Commission
Award 8452, Apana 9 to A. Keohokalole:
1. 301° 43' 30" 7.27 feet along Lot 1 to a
point;
2. 306° 43' 30" 85.43 feet along the remainder
of Lot 32-B to a point;
3. 50° 23' 7.01 feet along Lot 33-B-1 to a
point;
Thence, following along Lot 33-B-1 on a curve to the
left with a radius of
525.00 feet, the chord
azimuth and distance being:
4. 102° 29' 55" 108.37 feet to a point;
5. 225° 29' 30" 5'_.25 feet along Lot 1 to the
point of beginning and
containing an area of
2,469 Square Feet.
Alf 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, its
successors or assigns shall be responsible for complying with
all stated conditions of approval; (B) plans for the
consolidation/resubdivision of the affected area into
Lot 33-B-1 shall be submitted to the Planning Department within
one year from the effective date of this ordinance. Final
consolidation/resubdivision approval shall be secured within
one year from the date of receipt of Tentative Subdivision
Approval; (C) 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 with and the
-2-
Planning Director acknowledges that further reports are not
required; and, (D) an extension of time for the performance of
conditions within this 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 the 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
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 o°_ the conditions not
be met or substantially complied with in a timely fashion, the
Director shall initiate procedures to rezone the property 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.
-3-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
s / _
COUNCIL MEM 'R, COUPTY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 7, 1992
Date of 1st Reading: October 7, 1992
Date of 2nd Reading: October 21, 1992
Effective Date: October 29, 1992
APPROVED AS TO FORM AND LEGALITY:
':~~PUTt` CO RATION COUNSEL
DATED: AUG ~ 'cy~
-4-
w cv-Z5 ~
cN 7-s ~1~` ~~\
CN-7-S A-Iq
•/~Fy ~
•~ KBARL~AK EKVA
/~ ~ ~ A
w~T.ui"o ~~-,.S ~F~ -~y
~~ JO ev-lo ~ ~~yy~
f"O tl ~ CN-7-5 V
z
~Q~-JP
MANAGe y'G,~, ~"`
HOTL°L
KoNA
GIY10
'9 ` CENTER
301 ° 43' 30" CN-7 S y A-lo
~7
8,267 BB 9 yOti
14,339.09 C ,O ~G
"PUU OMAU" D B'e /V
~ 3°X5'30" I 0~4 `~O, CN-75 ~V \
~9 ~
70
CV-ID I ~B 3j~'~~ So`23'
I 7-el
it `
m iQ Rs-to /
ryl /.~
+.}~ /ry cN-7-s
I /ry
R9-le ~~~ ~h
I /ry
~ /e
l0
i~
R~-t a cN-7-S
R6-te
r~'
Re -t o ~P~~~
g` ~
NEIQMI30RHOOD COMMERCIAL pf~~
O (CH-7. S) TD SINGLE FAMfLY ~J
RB'31DENTIAL (R9-t0) ~( Rs-7s
AREA = x,469 86t- FT•
AMENDMENT TO THE ZONING CODE_
AMENCIN6 SECTION 25-68 (SOUTH tCONA ZONE
MAP) A1QTICLE 3, c1.1APTElQ ~5 (zONINeS CopE)
OF THE HAWA11 COUNT7' CODE 137' CHANGING
THE D15TIQiCT Ct_AS°11F1CATION FROM NE16H-
BOi~HOOD COMMEf?CIAL (CN-7_5) -('O SINGLE
FAMft-?' /?E31t7ENTtAt (RS-10) AT tCEALAIKETCUA,
SOUTH KONA, HAWAII_
PREF'AREb By = PLANNING bEpA1QTMENT
COUNTY OF: HAWA11
TMK : 8-2-15 _ PORTION OF 2~ JULY '20, 1°J~2
EXHIBIT „Iitt (~WIC3HT MANAGe