HomeMy WebLinkAboutORD 1995-037 1994-1996COUNTY OF HAWAII, , w ':STATE OF HAWAII
BILL NO. ~ ~
ORDINANCE NO. 95 3 ~'
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) AND OPEN (O) TO OPEN (O) AND MULTIPLE
FAMILY RESIDENTIAL (RM-4) AT WAIKOLOA, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-8-01:54(POR.) AND 6-8-22:PORTIONS
OF 10 & 35.
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 1:
Beginning at the northwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" BEING
15,083.29 feet north and 26,364.96 feet west, thence
running by azimuths measured clockwise from true south:
1. Along the remainder of R.P
5671, L.C. Aw. 8521-B,
Apana 1 to G.D. Hueu, on a
curve to the left with a
radius of 460.00 feet, the
chord azimuth and distance
being:
265° 50' 26" 296.09 feet;
2. 67° 04'
37.19 feet along same;
3. Thence along same, on a curve to the right with a
radius of 950.00 feet, the
chord azimuth and distance
being:
70° 14' 104.96 feet;
4. 73° 24'
135.44 feet along same;
5. Thence along same, on a curve to the left with a
radius of 650.00 feet, the
chord azimuth and distance
being:
70° 08' 03" 74.06 feet;
6. 201° 55' 99.57 feet along same to the
point of beginning and
containing an area of
0.206 Acre. (Refer to
Parcel 1 as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM-4):
PARCEL 2:
Beginning at the south corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" being
15,083.29 feet north and 26,364.96 feet west, thence
running by azimuths measured clockwise from true south:
1. Along the remainder of R.P
-2-
5671, L.C. Aw. 8521-B,
Apana 1 to G.D. Hueu, on a
curve to the right with a
radius of 460.00 feet, the
chord azimuth and distance
being:
106° 43' 25" 33.86 feet;
2. Thence along same, on a curve to the right with a
radius of 40.00 feet, the
chord azimuth and distance
being:
153° 28' 23" 56.21 feet;
3. Thence along same, on a curve to the left with a
radius of 1,130.00 feet,
the chord azimuth and
distance being:
182° 52' 14" 594.18 feet;
4. 257° 52'
159.92 feet along same;
5. Thence along same, on a curve to the right with a
radius of 1,000.00 feet,
the chord azimuth and
distance being:
6° 44' O1" 523.81 feet;
6. 21° 55' 179.89 feet along same to the
point of beginning and
containing an area of
1.824 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Open (O):
PARCEL 3:
Beginning at the northeast corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" being
16,164.59 feet north and 25,502.36 feet west, thence
running by azimuths measured clockwise from true south:
1. 48° 29' 246.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 60° 33' 371.00 feet along same;
-3-
3. 77° 52' 231.95 feet along same;
4. Thence along same, on a curve to the left with a
radius of 1,000.00 feet,
the chord azimuth and
distance being:
170° 46' 52.5" 26.85 feet;
5. 248° 45' 269.49 feet along same;
6. 241° 00' 557.00 feet along same to the
point of beginning and
containing an area of
0.845 Acre. (Refer to
Parcel 3 as shown on
Exhibit "A".)
The d istrict classification of the following area
situated a t Waiko loa, South Kohala, Hawaii, shall be
Open (O):
PARCEL 4:
Beginning at the southwest corner of this parcel of land,
the coordi nates o f said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" being
16,399.34 feet no rth and 25,313.96 feet west, thence
running by azimut hs measured clockwise from true south:
1. 218° 45' 78.99 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 246° 45' 556.00 feet along same;
3. 232° 00' 584.00 feet along same;
4. 224° 45' 318.93 feet along same;
5. 25° 49' 223.01 feet along same;
6. 46° 30' 513.00 feet along same;
7. 60° 22' 602.00 feet along same;
-4-
8. 86° 28' 253.00 feet along same to the
point of beginning and
containing an area of
2.885 Acres. (Refer to
Parcel 4 as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM-4):
PARCEL 5:
Beginning at the south corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW HINAI" being
16,653.56 feet north and 23,687.76 feet west, thence
running by azimuths measured clockwise from true south:
1. 148° 00' 105.24 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 172° 45' 558.00 feet along same;
3. 118° 10' 167.00 feet along same;
4. 261° 12' 224.00 feet along same;
5. 325° 38' 661.88 feet along same;
6. 54° 30' 78.19 feet along same;
7. Thence along same, on a cur=adiustof 11350.OOtfeet,
the chord azimuth and
distance being:
56° 15' 82.45 feet;
8. 58° 00' 223.29 feet along same to the
point of beginning and
containing an area of
4.188 Acres. (Refer to
Parcel 5 as shown on
Exhibit "A".)
-5-
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, its successors, or assigns shall be
responsible for complying with all of the stated
conditions of approval.
B. Final Subdivision Approval for the consolidation and
resubdivision of the subject properties to conform
with the approved zone district boundaries shall be
secured within three (3) years from the effective
date of the change of zone.
C. The applicant shall comply with all applicable change
of zone ordinances or Special Management Area Use
Permits which affect the subject properties.
D. 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.
E. An initial extension of time for the performance of
conditions within the ordinance may be granted by the
Planning Director upon the following circumstances:
-6-
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.
F. 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.
-7-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNT HAWAII
Hilo, Hawaii
Date of Introduction: February 15, 1995
Date of 1st Reading: February 15. 1995
Date of 2nd Reading: March 1, 1995
Effective Date: March 7, 1995
A PRO AS TO FORM AND LEGALITY:
p~'liTY CORPORATION COUNSEL
DATED : 3~3~9s,
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
:,
:~ ;ua i i I i ~
Introduced By: Keola Childs
Date Introduced: February 15 1995
First Reading: FeArUaiY 15, 1995
Published:
REMARKS:
Second Reading: March 1 1995
To Mayor: March 2 , 1995
Returned: March 7, 1995
Effective: March 7, 1995
Published March 15, 1995
REMARKS:
ROLL CALL VOTE
A1EE5 NOES ABS EX
Arakaki X
Bonk-Abramson X
Ctulds X
De Lima X
Domingo X
Osorio X
Bath X
gay X
Smith X
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childa X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. -~
APPROVED as
F~ an LE ITY
~/ /X-~ /ti
COR70KATION COUNSEL
COUNTY OF HAWAII
Date M ~ 7
MAY COUNTY OF HA A
Bil/ No.: JS
Referrnce: C-157C/PC-24
Ord No.: ~J 37
.y,
'Y'
COUNTY OF HAWAII,:`,~~TATE OF HAWAII
BILL NO. 35
ORDINANCE NO. 95 38
AN ORDINANCE AMENDING ORDINANCE NO. 94-70, AS AMENDED, RELATING TO
PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1,
1994 TO JUNE 30, 1995.
HE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 94-70, As Amended, Relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1994
to June 30, 1995, is hereby amended by adding the following project:
PUBLIC WORKS
Kalanianaole Wastewater Collector System $1,499,944
(110-699-5692.91-115)
SECTION 2. Funds for this project shall be provided from
State Revolving Funds (SRF) $1,499,944
SECTION 3. This ordinance shall take effect upon its approval.
ntroduced By:
CO C ER COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: February 15, 1995
Date of 1st Reading: February 15, 1995
Date of 2nd Reading: March 1, 1995
Effective Date: March 7, 1995
OFFICE OF THE COUNTY CLERK
Cotmty of Hawaii
Hilo ,Hawaii
Introduced By: Jim ~~
Date Introduced: February 15 1995
First Reading: February 15, 1995
Published: February 21, 1995
REMARKS:
Second Reading: March 1 1995
M March 2, 1995
ayor:
To
Returned: March 7 1995
Effective: March 7, 1995
Published March 15, 1995
REMARKS:
I DO HEREBY C Y txat the ore mn .~.
indicated above. ~'.?FRGVE as to
Ft?R LEGAL
CORPORATION COUNSEL
COUNTY OF HAWAII
Date MAR 71995
Approved/ rererf this ay
of ,19
YO , COLiNTY OF All
RO_ LL CALL VOTE ci ';
?(Y~51 ! ; , NOES ~ ; -~V>1S EX
Arakaki X
Bonk-Abramson X
Childs X
~ Lima X
Domino X
Osorio X
~~ X
Ray X
Smith X
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS FJC
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
~~ X
Ray X
Smith X
g 0 1 0
Bill No.: 35
Reference: C-1C FC'
Ord No.: J
as adopted by the County Council and published as