HomeMy WebLinkAboutORD 1995-144 1994-1996COUNTY OF HAWAII ~~~TATE OF HAWAII
BILL NO. 173
ORDINANCE NO. ~~ 144
AN ORDINANCE AMENDING SECTION 25-95E (LALAMILO-PUUKAPU 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 VILLAGE COMMERCIAL (CV-7.5) AT PUUKAPU, SOUTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-6:55.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95E, 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 azea situated at Puukapu, South Kohala,
Hawaii, shall be Village Commercial (CV-7.5):
Beginning at the west corner of this pazcel of land, being the south comer of Lot
2, and on the northeasterly side of Kinohou Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "WEST BASE" being
910.08 feet South and 1,107.64 feet East, thence running by azimuths measured
clockwise from True South:
1. 250° 21' 192.20 feet along Lot 2;
2. 329° 07' 106.70 feet along a portion of Grant 4638 to Estate
of Mrs. Helen Johnson;
3. 70° 21' 192.29 feet along Lot 5 and Lot 4;
4. 148° 34' 44" 7.49 feet along Kinohou Street;
Thence along Kinohou Street, along a curve to the right with a radius of
447.40 feet, the chord azimuth and distance
being: 150° 34' 38" 31.20 feet to the point
of beginning and containing an azea of
20,165 Square Feet.
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, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant will abide by all applicable State and County air quality, noise
level and liquor control standards.
C. 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 applicants, successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of [he 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).
-2-
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.
D. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
t.~f.
~I~'~ '
COUNCIL MEM R, COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction: Nwenber 15, 1995
Date of 1st Reading: November 15, 1995
Date of 2nd Reading: Decsnber 5, 1995
Effective Date: Decanber 12, 1995
RE;=E2Lt~:.2: Ca 795
APPROVED AS TO FORM AND LEGALITY
`~
7 i / /
i : ~' CORPORATION COUNSEL
DATED: ~ " i ~ ~~~ ~
-3-
A-Y p•>!
O A-
bs. A V
A-f..
p•tf ~-N A-s.
o A-V
A s. A- f.
CV->!
G ~
CHURCri ^D ~~ Oi
ll~
h
6-N A.1ti ~ //
r >s J<v :~
0 0 ->!
A-s
G'
/
~'
ad 1o Kawaihaw a !
. O
~
°
h
e-ts A-Ki p
; a-ts
,
A•N
.>! ~ ~~
_
A f. ~
M
AMA~AHOA
a is C/-a7
A X10.
d t!
CI 17
a >s 910.08 5 A-~
HIGHWA
1,107.64 W Y ol,
'WEST BASE
Tp H
ID-10 Q1 >s onokaQ
A 16 F
6->! W p-q d ! Ol-1!
0
N 6 b d t!
A f. Ol->!
O1 Z x A-b.
NE IGHBORHOOD COMMERCIAL
(CN-7.5) TO VILLAGE
••~ ~
A COMMERCIAL (CV-7.5)
p q
`
. °-1O AREA: 20,1 65 SO. FT.
\
a-:
~
A-~
` ,HO
a.ts UHo
\ 7
1 ~ 6.q
1
1
I
I
ROAD p-u
I
I
A.1~
I
~
KAU,KFA
ODU
I
I`~~ M-R
I
I
`
RDAD
n-v ~
I ~~ 6-q
I o- n
_____; ~ I
I
I
CUNAC I
I /LO A-~.
A-«.
~ RO ~1H2
AD ~
U
~ RO
6-tl I .~
~
~-b j A.f~
1
j D•10
/~, I
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-95E (LALAMILO -PUUKAPU ZONE MAP) ARTICLE 3, CHAPTER 25
FROMINNEIGHBORHOODHCOMMERCIALO(CN-7.5) T~OBVILLAGEG OMMERCAILT(CVT 5) AT ICATION
PUUKAPU, SOUTH KOHALA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-4-06:55
OCTOBER 12, 1995 I
GARDEN RESTAURANT, INC.)
OFFICE OF THE COUNTY CLERK
County of Hawau
Hilo .Hawaii
~,,
' 95 DEC 12 Pal 1 09
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Takashi Domingo
Novanber 15, 1995
November t5 t995
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
Decanber 5, 1995
December 7, 1995
Decanber 12, 1995
Decanber 12, 1995
December 22, 1995
RF31~.~~~LL`.YOTF;?Y CLERK
AY'Q~ U d TI•Y~ ~~ ~~t~~ EX
Arakaki
Bonk-Abramson }{
Childs }{
De Lima X
Domingo 7(
Osorio
Rath
~Y X
Smith }{
1
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki }{
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
Approved/ this /Z day
o f ~~~ .19 ~il~
MAO ,COUNTY OF WAIL
COUNCIL CHAI N ~~~
~COUNTYCLERK
Bilt No.: 173
C-795
Reference:
Ord No.: