HomeMy WebLinkAboutORD 1989-063 1988-1992COUNTY OF HAWAII ; _STATE OF HAWAII
Bill No. 74
ORDINANCE NO.
89 63
AN ORDINANCE AMENDING SECTION 25 -89 (KAILUA URBAN ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM DOUBLE FAMILY
RESIDENTIAL (RD -3.75) TO VILLAGE COMMERCIAL (CV -10) AT WAIAHA,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7 -5- 18:30, 31 & 32.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -89, 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 Waiaha, North Kona, Hawaii, shall be Village
Commercial (CV -10):
Beginning at a spike (in concrete) at the Southwesterly
corner of this parcel of land, being also a point on the
Northerly side of Lunapule Road, the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 2,200.74 feet North
and 300.10 feet West and running by azimuths measured
clockwise from True South:
Thence, for the next five (5) courses following along
the remainder of Grant 5327 to Samuel Liftee:
1. 1520 49'
,2. 2490 59'
3. 2540 52' 30"
4. 2570 18'
157.54 feet to a 1/2 inch pipe
(set);
106.64 feet to a point;
112.71 feet to a point;
35.36 feet to a 1/2 inch pipe
(set);
5. 3410 04' 123.63 feet along Lot 13 of the
Konalani Subdivision to a
1/2 inch pipe (found);
Thence, following along the Northerly side of
Lunapule Road on a curve
to the left with a radius
of 1,015.00 feet, the
chord azimuth and distance
being:
6. 680 49' 47" 79.00 feet to a point;
Thence, following along the Northerly side of
Lunapule Road on a curve
to the left with a radius
of 1,015.00 feet, the
chord azimuth and distance
being:
7. 640 42' 29" 67.00 feet to a point;
8. 620 49' 87.00 feet along the Northerly
side of Lunapule Road to
the point of beginning and
containing an area of
34,157 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 applicants, successors
or assigns shall comply with all of the stated conditions of
approval; (B) The properties shall be consolidated within one
year from the effective date of approval of the change of zone;
(C) Final Plan Approval for the proposed development shall be
secured within one year from the effective date of the charge
of zone. To assure adequate time for plan approval review and
in accordance with Chapter 25 -244 (Zoning Code), plans shall be
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submitted a minimum forty -five days prior to the date by which
plan approval must be secured; (D) construction shall commence
within one year from the date of receipt of Final Plan Approval
and be completed within three years thereafter; (E) A drainage
system shall be installed in accordance with the requirements
of the Department of Public Works; (F) A 10 -foot wide road
widening strip along the entire frontage of Lunapule Road shall
be dedicated to the County prior to receipt of final
consolidation approval; (G) Curbs, gutters, and sidewalks and
pavement improvements shall be constructed along the entire
frontage of Lunapule Road. Further, there shall be a tie -in
with the existing pavement on both ends of the property. These
improvements shall meet with the approval of the Department of
Public Works and be provided prior to receipt of an occupancy
permit; (H) Should any unidentified sites or remains, such as
artifacts, shell, bone or charcoal deposits, human burials,
rock or coral alignments, paving or walls be encountered, work
in the area affected shall cease and the Planning Department
immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Department when it
finds that sufficient mitigating measures have been taken;
(I) All other applicable laws, rules, regulations and
requirements be complied with, including those of the
Department of Water Supply, Fire Department and the State
Department of Health; and, (J) An initial extension of time for
the performance of conditions within the ordinance may be
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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
zoning code; 3) granting of the time extension would not be
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.
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SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COU14CIL MEMB R, COUN I Y OF HAWAII
Hilo, Hawaii
Date of Introduction: April 19, 1989
Date of 1st Reading: April 19, 1989
Date of 2nd Reading: May 3, 1989
Effective Date: May 9, 1989
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O c E A N
AMENDMENT TO THE ZONING CODE
AMCNDING SECTION 125 -OcD (KA1t -UA uT21sAN ZONE
MAP) ARTICLC 3, CHAPTER 25 (ZONING CODE) OF
THB HAWAII COUNTY CODE, BY CHANGING THB
bISTRICT CLASSIFICATION FROM 0OU19l..0 FAMILY
R�5117ENTIAL (1QID -3.75) TO VIL-UAGE COMMeMC:lAL
(CV -10) AT WAIAHA, NORTH KONA, HAWAtI_
pREPAREp I3Y = PLANNING I'EpARTMCNT
COUNTY of 11AWA11
ITMK - 7 -5 -IS =30,31 ANo :J2
EXHIBIT 11A'I
JAN- -Z7, IJt3-03