HomeMy WebLinkAboutORD 1994-121 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 309
(Draft 2)
ORDINANCE NO. 94 121
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITIONS OF ORDINANCE 88-115 FOR
LANDS SITUATED AT KALAOA 9TH, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-3-05:86.
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 Kalaoa 4th, North Kona, Hawaii, shall be
Single Family Residential (RS-10):
Beginning at the southeast corner of this parcel of land,
being also the northeast corner of Lot 231, Kona Palisade,
Unit I (File Plan 1061), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "MOANUTAHEA" being 7,041.67 feet South and
12,048.68 feet West, thence running by azimuths measured
clockwise from True South:
1. 95° 55' 248.72 feet along Lot 231,
Lot 229 and a portion of
Lot 228, Kona Palisade,
Unit I (File Plan 1061);
2. 99° 04' 258.00 feet along a portion of
Lot 228, Lot 227, Lot 226,
Lot 225 and a portion of
Lot 224, Kona Palisade,
Unit I (File Plan 1061);
3. 106° 41' 30" 234.50 feet along a portion of
Lot 224, Lot 223, Lot 222,
and a portion of Lot 221,
Kona Palisade, Unit I
(File Plan 1061);
4. 105° 20' 327.00 feet along a portion of
Lot 221, Lot 220, Lot 219,
Lot 218, Lot 217 and a
portion of Lot 216, Kona
Palisade, Unit I (File
Plan 1061);
5. 102° 38' 30" 165.00 feet along a portion of
Lot 216, Lot 215 and a
portion of Lot 214, Kona
Palisade, Unit i (File
Plan 1061);
6. 179° 35' 35" 190.86 feet along a portion of
Grant 3750 to Kahananui;
7. 280° 03' 217.74 feet along the remainder
of Grant 1607 to Nawahie
(portion of Parcel B);
8. 284° 47' 30" 174.48 feet along the same;
9. 288° 44' 126.97 feet along the same;
10. 283° 06' 30" 20.28 feet along the same;
11. 265° 03' 30" 125.28 feet along the same;
12. 276° 38' 46" 627.36 feet along the same;
13. 13° 30' 265.81 feet along the remainder
of Grant 1607 to Nawahie
(Lot 7, 50-Foot Road) to
the point of beginning and
containing an area of
6.606 Acres.
All as shown on the map atta ched hereto, marked Exhibit "A"
and by refer ence made a part here of.
SECTION 2. This change in distri ct classification is
conditioned upon the followi ng:
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A. The applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of approval.
B. Subdivision plans shall be submitted for tentative approval
within one year from the effective date of the change of
zone. Final Subdivision Approval shall be secured within
one year from the effective date of [the change of zone]
this amendment.
C. Construction of single family dwellings shall commence on
twenty-five percent of the proposed lots within three years
from the date of receipt of Final Subdivision Approval.
D. A drainage system meeting with the approval of the
Department of Public Works shall be installed.
E. Access to the proposed lots shall meet with the approval of
the Department of Public Works. Further, the Oneone Street
extension within the property and the private roadway shall
be constructed to dedicable standards in accordance with
the requirements of the Department of Public Works and
shall be dedicated to the County upon its request.
F. The recommendations as outlined in the Archaeological
Reconnaissance Survey Report shall be complied with.
G. Should any unanticipated archaeological/historical sites or
features of importance be uncovered during land preparation
activities, work in the affected area shall cease
immediately and the Planning Director shall be notified.
Work in the affected area shall not resume until such time
that clearance is obtained from the Planning Director.
H. As represented by the applicant, restrictive covenants in
the deeds of all the proposed lots within the subiect
-3-
property shall prohibit the constru tion of an ohana
dwelling or second dwelling unit on each lot A cony of
the proposed covenant(s) to be recorded with he Bureau of
Conveyances shall be submitted to the Planning Departm nt
for review and approval prior to final a~bdivi ion
approval. A copy of the approved covenan shall be re ited
in an instrument executed by the applican and the county
and recorded with the Bureau of Conveyance likewise prior
to final subdivision approval;
I. Should the council adopt a Unified Impact F es ordinance
setting forth criteria for the imposi ion of xactions or
the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the nifi d
Impact Fees Ordinance:
[A]J. All other applicable laws, rules, regulations and
requirements shall be complied with.
[I]K. 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.
[J]L. 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.
-4-
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.
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).
5. If the applicant should [require] request 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. 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 shall be
credited towards the requirements of the Unified Impact Fees
Ordinance.]
SECTION [4]3. In the event that any portion of this ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
-5-
SECTION [5]4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY ~ HAWAII
Hilo, Hawaii
Date of Introduction: October 5, 1994
Date of 1st Reading: October 5, 1994
Date of 2nd Reading: October 19, 1994
Effective Date: October 26, 1994
APPROVED AS TO FORM AND LEGALITY:
"CORPORATION COUNSEL
DATE: ~D/i2/~IS~
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AMENDMENT TO THE ZONING CODE
AMENpING '313GT10N Z5-87 (NORTH tCOiVA ZONE
MAP) ARTICLC 3, C?1APTZ=T~ Z5 (ZONING CbDC)
OF THE HAWAII COUNTY COflC, BY Ci-tANGiN~3
THE DISTRICT CLASSiPICATION PriOM UN-
PLANNED ~U~ TO S1NGt._!= FAMILY i'eE51DEN-
T1AL (125-10) AT I~ALAOA 4TH, NORTH KO NA,
HAWAII.
I°Rf_tnARL~a I?'SY ~ PI..ANNING DE}°ARTNIL=NT
oourvTY of t-~Aw.~,li
TMK ~ 7-3 -03: HC rev. 2+~ I~g~
EXHIBIT °A°
C- ,., , . ;OFFICE OF THE COUNTY CLERK
,,'l1u R ~ '~~ 1;_ _' County of Hawaii
~ J I ~C I 26 1-7~~1 ,lo S~H i 1 n ,Hawaii
GFFIGE _;_ _ I i ~: CLERK
COUN7r' i_iF Hd`wdll
Introduced By: Takashi Domingo
Date Introduced: October 5, 1994
First Reading: October 5, 1994
Published: N/A
Sernnd Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS: October
October
October
October
Novanber 19,
19.
26,
26,
1, 1994
1994
1994
1994
1994
(Draft 21
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON
CHH.DS
DE LIMA I{
DOMINGO
HALE
BATH X
ROSEHILL X
3CHUTI'E
ROLL GALL VOTE
AYES NOES ABS EX
ARAKAIQ X
Boxx-ABRAMSOx X
CHILDS
DE LIMA X
DOMINGO X
HALE
RATH X
ROSEHILL
sCHUTTB X
9
I DO HEREBY CERTTFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
APPROVED as fo
FORM and LEGALITY
~RPORATION COt7N5i
COUNTY OF HAWAII
Date
Approved//Disc-eyed this z~ day
of Gc~'~c , 19~-
R CO OF HAWAII
.-
COUNCIL
~~
Bi11No.: 309 (Draft 2 )
Reference: CC-13.7Y 1~r~
Ord. No.: