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HomeMy WebLinkAboutBIL 077 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 77 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO FAMILY AGRICULTURAL (FA-la) AT PUUA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-4-76:38. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, 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 Puua, Puna, Hawaii, shall be Family Agricultural (FA-la): LOT 318 NANAWALE ESTATES SUBDNISION -UNIT 4 (File Plan 1098) Beginning at a point at the north corner of this pazcel of land being also the east corner of Nanawale Estates Subdivision, Unit 4, Lot 317, at the southerly side of Kona Road and running by azimuths measured clockwise from true South: 1. 287° 36' 512.00 feet along the southerly side of Kona Road; thence along Kona Road along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 2. 332° 36' 42.43 feet to a point at the westerly side of Hapuu Road; 3. 17° 36' 720.00 feet along the westerly side of Hapuu Road; 4. 107° 36' 542.00 feet along Nanawale Estates Subdivision, Unit 3-A, Lot 354; 5. 197° 36' 750.00 feet along Nanawale Estates Subdivision, Unit 4, Lots 278, 279, 280, 297, 298, 299 and 317 to the beginning and containing an azea of 9.328 Acres. All as shown on the map attached hereto, mazked 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 applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. All new wastewater systems within the subject property shall comply with the State Department of Health. D. Comply with all other applicable laws, rules and regulations and requirements of all affected agencies for the development of the subject property. 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: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. -2- 2. Granting 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 reason for the granting of the change of zone. 4. The time extension granted shall be for a period of 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 yeaz). F. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: • C ~ Wit'.'-lam CO CIL EMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Gomm. 278 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -4- KAILUA ROAD OPEN TO FAMILY A - /a ~ AGRICULTURAL (FA-1o) AREA: 9.328 ACRES A -/a PUNA ROAD A A-la ao ~ ~ ~ o K = p K A-la KONA ROAD PAHOA ROAD A-la A-la HILO ROAD Btlry. o/ File Plon 996 A-la PLUMERIA ROAD ~ ~ A-la ~ w o a > O = ~ PAKALANA ROAD A-la PARADISE ROAD A-la A-la O AMENDMENT TO THE ZONING CODE LOT 318, NANAWALE ESTATES SUBDIVISION - UNIT 4, (FILE PLAN 1098) AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO FAMILY AGRICULTURAL (FA-1a) AT PUUA, PUNA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 1-4-76: 38 FEBRUARY 17, 1999 EXHIBIT °A" (NANAWALE ESTATES COJ