HomeMy WebLinkAboutORD 1989-032 1988-1992COUNTY OF HAWAII,` "e;` - TATE OF HAWAII
Bill No. 2
ORDINANCE NO. 89 32
AN ORDINANCE AMENDING SECTION 25 -106 (KEAAU ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS -10) TO VILLAGE COMMERCIAL (CV -10) AND FROM
LIMITED INDUSTRIAL (ML -20) TO SINGLE FAMILY RESIDENTIAL (RS -10)
AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY
1 -6- 02:2,3,4,6,7,24 & 84 AND 1- 6- 03:PORTION 11.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -106, 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 Keaau, Puna, Hawaii, shall be Village
Commercial (CV -10):
PARCEL 1:
Beginning at a point at the west corner of this parcel of
land and on the easterly side of Exception 8 -A, New
Volcano Road the coordinates of said point of beginning
referred to Government Survey Triangulation Station "OLAA"
being 8,972.75 feet North and 5,913.41 feet East and
running by azimuths measured clockwise from true South:
Thence along the easterly side
of Exception 8 -A, New Volcano
Road along a curve to the left
having a radius of 503.33
feet, the chord azimuth and
distance being:
1. 1880 08' 08" 20.54 feet; thence along Road Lot
1148 along a curve to the
right having a radius of 98.27
feet, the chord azimuth and
distance being:
2. 2170 49' 100.78 feet;
3. 2480 40' 16.92 feet along the southeasterly
side of Road Lot 1148;
4. 3380 40' 49.31 feet along Lot 1154;
5. 40 27' 118.43 feet along Lot 1154 to a point
at the northerly side of Road
Lot 1146;
6. 1090 01' 30" 67.63 feet along the northerly side
of Road Lot 1146;
7. 1440 50' 43.87 feet along the northeasterly
side of Road Lot 1146 to the
point of beginning and
containing an area of 0.258
Acre. (Refer to parcel 1 as
shown on Exhibit "A".)
The district classification of the following area
situated at Keaau, Puna, Hawaii, shall be Village
Commercial (CV -10):
PARCEL 2:
Beginning at a point at the southwesterly corner of this
parcel of land and on the southeasterly side of Exception
8 -A, New Volcano Road, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "Olaa" being 8,396.20 feet North and 5,699.77 feet
East and running by azimuths measured clockwise from true
South:
1. 2140 20' 30" 234.92 feet along the southeasterly
side of Exception 8 -A, New
Volcano Road; thence along the
southeasterly side of
Exception 8 -A, New Volcano
Road along a curve to the left
having a radius of 503.33
feet, the chord azimuth and
distance being:
-2-
2.
2100
05' 30"
74.60
feet; thence along the
southeasterly side of
Exception 8 -A, New Volcano
Road along a curve to the left
having a radius of 503.33
feet, the chord azimuth and
distance being:
3.
2020
59' 41"
50.00
feet;
4.
2450
02'
42.00
feet along the southeasterly
side of Road Lot 1146;
5.
2890
01' 30"
177.67
feet along the southeasterly
side of Road Lot 1146;
6.
2830
31'
19.92
feet along the southerly side
of Road Lot 1146;
7.
170
50'
356.04
feet along Lot A -25 A and Lot
A -24;
8.
620
53'
271.36
feet along Exception 9, Keaau
School Lot to a point at the
easterly side of Pahoa
Government Road;
9.
1560
45'
78.95
feet along the easterly side
of Pahoa Government Road;
10. 1650 44' 134.51 feet along the easterly side
of Pahoa Government Road to
the point of beginning and
containing an area of 2.860
Acres. (Refer to Parcel 2 as
shown on Exhibit "A ".)
The district classification of the following area
situated at Keaau, Puna, Hawaii, shall be Single Family
Residential (RS -10):
PARCEL 3:
Beginning at a point at the north corner of this parcel of
land and on the southeasterly side of the Old Volcano
Road, (Exception 8 -A), the coordinates of said point of
beginning referred to Goverment Survey Triangulation
Station "Olaa" being 6,775.96 feet North and 4,320.02 feet
East and running by azimuths measured clockwise from true
South:
-3-
1.
3210
28'
97.83
2.
2970
54' 30"
376.01
3.
2140
29'
137.30
4.
2930
23'
68.10
5.
430
06'
915.88
6.
1330
06'
500.00
7.
2230
06'
600.00
8.
2200
35' 30"
72.93
feet along Lot A- 18 -A -1, Land
Court Application 1053;
feet along Lot A- 18 -A -1, Land
Court Application 1053;
feet along Lot A- 18 -A -1, Land
Court Application 1053;
feet along Lot A- 18 -A -1, Land
Court Application 1053;
feet along the remainder of
Lot A- 18- A -2 -A, Land Court
Application 1053;
feet along the remainder of
Lot A- 18- A -2 -A, Land Court
Application 1053 to a point at
the southeasterly side of the
Old Volcano Road (Exception
8 -A);
feet along the southeasterly
side of the Old Volcano Road
(Exception 8 -A);
feet along the southeasterly
side of the Old Volcano Road
(Exception 8 -A) to the point
of beginning and containing an
area of 8.271 Acres. (Refer
to Parcel 3 as shown on
Exhibit "A".)
All as hown 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, successors
or assigns shall comply with all of the stated conditions of
approval; (B) Consolidation /re- subdivision plans shall be
submitted for the CV -10 zoned area within one year from the
effective date of-approval of the change of zone. Final
-4-
subdivision approval shall be secured within one year of the
date of receipt of tentative subdivision approval; (C) Prior to
establishment of any commercial uses on the CV -10 zoned area,
plans shall be submitted to the Planning Department for plan
approval review; (D) Curbs, gutters and sidewalks shall be
provided within the CV -10 zoned area, including the area
fronting the old Volcano Road, prior to issuance of an
occupancy permit for any new use established on the proposed
lots, meeting with the approval of the Department of Public
Works; (E) No access shall be provided to the CV -10 zoned area
from the Keaau -Pahoa Road; (F) Subdivision plans for the RS -10
zoned area shall be submitted within three years from the
effective date of the change of zone. Final subdivision
approval shall be secured within one year from the date of
receipt of tentative subdivision approval; (G) Access to the
proposed lots within the RS -10 zoned area from the old Volcano
Road shall meet with the approval of the Department of Public
Works; (H) Drainage systems shall be installed in accordance
with the requirements of the Department of Public Works; (I)
All other applicable laws, rules, regulations and requirements,
including those of the Department of Water Supply, be complied
with; (J) 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
performance in accordance with the requirements of
-5-
the Unified Impact Fees Ordinance; (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; and (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 applicants, 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
contrary to the original reasons for the granting of the change
of zone; and 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 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 declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COOVNCIL MEMBER, COIIN TY OF HAWAII
February
1,
1989
February
1,
1989
February
15,
1989
February
23,
1989
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