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Home My WebLink AboutORD 1992-139 1988-1992COUNTY OF HAWAII STATE OF HAWAII BILL NO. 6ss ORDINANCE NO. 92 139 AN ORDINANCE AMENDING SECTION 25-95G (PUAKO-ANAEHOOMALU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-4) TO OPEN (O) AND FROM OPEN (O) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-8-O1:PORTION OF 54 AND 6-8-22:PORTION OF 7. 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 Open (O): PARCEL A: Beginning at the South corner of this parcel of land, being also along Lot 1 of Mauna Lani Resort - Phase V, said point of beginning referred to Government Survey Triangulation Station "PUU HINAI", being 17,115.95 feet North and 26,305.53 feet West and thence running by azimuths measured clockwise from true South: 1. 155° 55' 400.00 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 2. 178° 50' 402.00 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 3. 347° 24' 14" 786.02 feet along Lot 1 of Mauna Lani Resort - Phase V, same being also a portion of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu to the point of beginning and containing an area of 0.719 Acre. (Refer to Parcel "A" as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL B: Beginning at the South corner of this parcel of land, being also along Lot 1 of Mauna Lani Resort - Phase V, said point of beginning referred to Government Survey Triangulation Station "PW HINAI", being 17,439.44 feet North and 24,591.47 feet West and thence running by azimuths measured clockwise from true South: 1. 132° 34' 472.73 feet along Lot 1 of Mauna Lani Resort - Phase V, same being also a portion of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 2. 265° 50' 185.71 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 3. 282° 45' 314.00 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 4. 347° 43' 108.55 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 5. 46° 30' 229.40 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu to the point of beginning and containing an area of 2.02 Acres. (Refer to Parcel "B" as shown on Exhibit "A".) -2- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-4): PARCEL C: Beginning at the East corner of this parcel of land, being also along Lot 2 of Mauna Lani Resort - Phase V, said point of beginning referred to Government Survey Triangulation Station "PW HINAI", being 17,439.44 feet North and 24,591.47 feet West and thence running by azimuths measured clockwise from true South: 1. 44° 30' 745.96 feet along Lot 2 of Mauna Lani Resort - Phase V, same being also a portion of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 2. 79° 00' 657.52 feet along Lot 2 of Mauna Lani Resort - Phase V, same being also a portion of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 3. 50° 13' 533.26 feet along Lot 2 of Mauna Lani Resort - Phase V, same being also a portion of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 4. 227° 15' 529.00 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 5. 254° 00' 661.00 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 6. 226° 30' 745.60 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu to the point of beginning and containing an area of 0.739 Acre. (Refer to Parcel "C" as shown on Exhibit "A".) -3- 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 comply with all of the conditions outlined in the previously approved change of zone ordinances; (B) all other applicable laws, rules, regulations and requirements shall be complied with; (C) 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 the performance in accordance with the requirements of the Unified Impact Fees Ordinance; (D) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the permit. 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 Planning Director acknowledges that further reports are not required; and, (E) 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 -4- 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 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: e.I P'~rf~'~"y ~ COUNCIL MEMBE , COUN F HAWAII Hilo, Hawaii Date of Introduction: November 18, 1992 Date of 1st Reading: November 18, 1992 Date of 2nd Reading: December 2, 1992 Effective Date: December 4, 1992 APPROVED AS TO FORM AND LEGALITY: . ,? ;?" CORPORATION COUNSEL DATED: l,~f I3~97~ -6- M Introduced By: First Reading: Published: To Mayor: Returned: Effective: Published: 11111*01012-1144ym OFFICE OF THE COUNTY CLERK County of Hawaii Hilo . Hawaii Takashi Domingo November 18, 1992 November 180 1992 December 2, 1992 ecem e --f-1912— Dec ber 4, 1992 ROLU&LL VOTE ROLL CALL VOTE AYES I NOES ABS EX ARAKAKI DE LIMA x DOMINGO HALE —X x ALONZO x LAI X MAKUAKANF, X ROLL CALL VOTE I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Date A��uflil MAYOR, COUNOF HAWAII COUNCIL CHAIRMAN C�JNT CLARK Bill No.: 688 Reference:PC-337 Ord, No.: -.�,-ZM397- RUDDLF SCHUTTE I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Date A��uflil MAYOR, COUNOF HAWAII COUNCIL CHAIRMAN C�JNT CLARK Bill No.: 688 Reference:PC-337 Ord, No.: -.�,-ZM397- ROBIN J. YAHIKU County Clerk OFFICE OF THE COUNTY CLERK Connty of Hawaii Hawaii County Building 15 AupuniStnet Hilo, Hawaii %720 NOTE. On Bill No. 688 Ordinance No. 92-139 , reference is made to a map attached hereto, marked Exhibit A ". ROBERTS. SHIOII Deputy County Clerk HARRY A.TAKAHASHI Legislatioe Auditor 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. ~...,,` i ~~ -o.~~~ i iJ. Yahiku COUNTY C ERK K A L A _ NOTES: Owners of adjoining land as shown on plan are from records In the Tax Maps Branch. Coordinates are referred to "Puu Hindi" A. N EXHIBIT "A" NO.: 1-1E )—O—S GRAPHIC SCALE 400 0 200 400 800 1600 1" = 400' R. M. TOWIL� CORPORATION �ineers —Surveyors — Ionners — otogrammetrists iR OWNER PROPOSED AMENDMENTS TO ZONING DISTRICT BOUNDARIES BEING PORTIONS OF LOTS 1 AND 2 OF MAUNA LANI RESORT — PHASE V, SAME BEING ALSO PORTIONS OF ROYAL PATENT 5671, LAND COMMISSION AWARD 8521-13, APANA 1 TO G.D. HUEU AT WA4<OLGA� SIDUT+4- KOHALA, ISLAND OF HAWAII, HAWAII MAUNA LANI RESORT, INC. DATE OF PUBLIC HEARING: EFFECTIVE DATE: ORDINANCE NUMBER: REVISIONS BY: PLANNING DEPARTMENT COUNTY OF HAWAII TAX MAP KEY: 6-8-01: 54 (portion) 6-8-22: 7 (portion) [3rd Division] (,MAUNA LANI IQ e. RT )NC.) R. M. TOWILL CORPORATION 73-5574 MAIAU STREET, #11B KAILUA—KONA, HAWAII 96740 THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION i BY: tL Zlel RUSSELL FIGUEIROA REGISTERED PROFESSIONAL YOR CERTIFICATE NUMBER 4729 SEDT. rg9-1 OCTOBER 24, 1991