HomeMy WebLinkAboutORD 1992-140 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 689
ORDINANCE NO. 92 140
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 VILLAGE
COMMERCIAL (CV -10) AND OPEN (0) TO MULTIPLE FAMILY RESIDENTIAL
(RM -3) AND FROM MULTIPLE FAMILY RESIDENTIAL (RM -3) TO OPEN (0)
AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-8-22:PORTIONS OF 19, 21 AND 33.
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
Multiple Family Residential (RM -3):
PARCEL A:
Beginning at the Northwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
14,390.34 feet North and 28,812.62 feet West and thence
running by azimuths measured clockwise from true South:
1. Along the remainder of R.P. 5671, L.C.Aw. 8521-B,
Ap. 1 to G.D. Hueu, on a
curve to the left with a
radius of 700.00 feet, the
chord azimuth and distance
being:
3060 24' 44" 45.51 feet;
2. 55' 10' 44.62 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 180' 00' 52.50 feet along the 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
0.022 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
Multiple Family Residential (RM -3):
PARCEL B:
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
13,912.30 feet North and 28,992.69 feet West and thence
running by azimuths measured clockwise from true South:
1. 2310 34' 229.87 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
2. 00" 00' 27.35 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 51' 34' 185.87 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
4. 90" 00' 34.47 feet along the 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
0.102 Acre. (Refer to
Parcel "B" as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM -3):
-2-
PARCEL C:
Beginning at the Northwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
13,649.23 feet North and 29,036.72 feet West and thence
running by azimuths measured clockwise from true South:
1. 287' 00' 71.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
2. 303" 30' 130.98 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 83" 31' 29.83 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
4. 123" 10' 172.00 feet along the 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
0.067 Acre. (Refer to
Parcel "C" as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Open (0):
PARCEL D:
Beginning at the Southeast corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" being
13,535.61 feet North and 28,770.49 feet West and thence
running by azimuths measured clockwise from true South:
1. 103" 00' 91.45 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
2. 123" 30' 4.21 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 2630 31' 72.17 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
-3-
4. 3260 03' 37.42 feet along the 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
0.029 Acre. (Refer to
Parcel "D" as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM -3):
PARCEL E:
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
13,535.61 feet North and 28,770.49 feet West and thence
running by azimuths measured clockwise from true South:
1. 283' 00' 83.55 feet along the remainder
Of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
2. 354° 00' 121.69 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 146" 03' 168.56 feet along the 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
0.110 Acre. (Refer to
Parcel "E" as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Open (0):
PARCEL F:
Beginning at the Southeast corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
13,389.07 feet North and 28,671.84 feet West and thence
running by azimuths measured clockwise from true South:
-4-
1. 141' 00' 6.96 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
2. 174' 00' 1.31 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 326' 03' 8.09 feet along the 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 Square Feet. (Refer to
Parcel "F" as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Open (0):
PARCEL G:
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
13,389.07 feet North and 28,671.84 feet West and thence
running by azimuths measured clockwise from true South:
1. 3210 00' 77.99 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
2. 113' 30' 12.76 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 1460 03' 66.93 feet along the 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
230 Square Feet. (Refer
to Parcel "G" as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Open (0):
-5-
PARCEL H:
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
13,823.27 feet North and 27,917.05 feet West and thence
running by azimuths measured clockwise from true South:
1. 311' 48' 21.17 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
2. 4' 30' 337.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. 420 00' 194.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
4. 101' 15' 224.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
5. 830 43' 122.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
6. 57' 30' 195.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
7. 141° 00' 95.05 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
8. 293° 30' 104.24 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
9. 237" 30' 150.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
10. 263" 43' 122.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
11. 281' 15' 197.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
Q
12. 2220 00' 215.00 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
13. 1840 30' 322.07 feet along the 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
0.413 Acre. (Refer to
Parcel "H" as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM -3):
Beginning at the Northwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
14,482.83 feet North and 28,812.62 feet West and thence
running by azimuths measured clockwise from true South:
1. Along the Southwest side of Mauna Lani Drive, on a
curve to the left with a
radius of 630.00 feet, the
chord azimuth and distance
being:
3070 48' 59" 124.68 feet;
2. 550 10' 75.38 feet along the remainder
of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D. Hueu;
3. Thence along the remainder of R.P. 5671, L.C.Aw.
8521-B, Ap. 1 to G.D.
Hueu, on a curve to the
right with a radius of
700.00 feet, the chord
azimuth and distance being:
1260 24' 44" 45.51 feet;
4. 1800 00' 92.49 feet along the 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
0.136 Acre. (Refer to
Parcel "I" as shown on
Exhibit "A".)
SECTION 2. These changes in district classification are
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
Q:18
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.
SM
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
�I _ �fMrwJ �M4r'�fr�
COUNCIL MEMBER, COUNMF OF HAWAII
Hilo, Hawaii
Date of Introduction:
November
1R,
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: 160319 Z--
-10-
[ntroduced By:
rs-fMm �T- 4d,1-464114
Uirst Reading:
L"ublished:
To Mayor:
Returned:
Effective:
Published:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo .,Hawaii
Takashi Domingo
November
�jovember 113, 19
December 2, 1992
De&e--m
Dc-c-emher 4, j9()2
ROLL CALL VOTE
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DEL
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NOES ABS EX
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ROLL CALL VOTE
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-DOMINGO
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I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above.
P 0 V D
k.
COU ILI CHAIRMAN
f a_ 17
Appro,day
of — UM=7911- 9
f - T40`7`
MAYOR,COU TYOF AIWAH
Bill No.: 689
Reference:
Ord. No.:
ROBIN J. YAHIKU
County Clerk
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96710
NOTE
On Bill No. 689 , Ordinance No. 92-140 ,
reference is made to a map attached hereto, marked
Exhibit " A "
Deputy County Clerk
HARRYA.TAKAHASHI
Legislative 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 IJ.rERK
u
COUNTY C
Notes:
I"
3n)
Azimuths and Coordinates are referred to
Government Survey Triangulation Station
"Puu Hinai" &.
[Open] Indicates Zoning District Boundaries.
EXHIBIT "A"
RMTC Job No.: 1-16425-0-5
I" = 100,
Graphic Scale
100 0 50 100 2
Tis
Champ,(
400
R. M. TOWILL CORPORATION
ENGINEERING — SURVEYING — PLANNING — PHOTOGRAMMETRY — CONSTRUCTION MANAGEMENT
PROPOSED AMENDMENTS TO
ZONING DISTRICT BOUNDARIES
BEING PORTIONS OF ROYAL PATENT 5671,
'LAND COMMISSION AWARD 8521-8,
APANA 1 TO G.D. HUEU
AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII
Owner: Mauna Lani Resort, Inc,
Date of Public Hearing:
Effective Date:
Ordinance Number:
Revisions by: Planning Department
County of Hawaii
Tax Map Key" 6-8-22: portions 19, 21 & 33
(3rd Division)
R. M. TOWILL CORPORATION
ut
Russell figueiroa
Registered Professi I Surveyor
Certificate Number 4729
(MRVrvR 1 ~41 )QL rntT n+{C j
93wl'T. 8, fzg;a x
April la, i y7G
Revised July 3, 1992
a
A