HomeMy WebLinkAboutORD 1989-067 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No.
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ORDINANCE NO
AN ORDINANCE AMENDING SECTION 25 -87 (NORTH KONA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
SINGLE FAMILY RESIDENTIAL (RS -20) AT KALAOA 5TH, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7 -3 -10:27 (PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -87, 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 Kalaoa 5th, North Kona, Hawaii, shall be
Single Family Residential (RS -20):
Beginning at the Southeast corner of this parcel of land,
being also the Southwest corner of Lot 11 of Kona Acres
Unit 1, Increment "A" (File Plan 1347), the coordinates of
which referred to Government Survey Triangulation Station
"MOANUTAHEA' being 8,257.06 feet South and 15,579.13 feet
West and running by azimuths measured clockwise from True
South:
1. 960 23' 21" 785.49 feet along Lot 27, Roadway
Lot A and Lot 26 of Kona
Acres Subdivision Unit 2,
Increment "B" (File
Plan 1551), along
Grant 5046 to Kama, Jr.;
2. 1860 33' 38" 209.91 feet along remainder of
Grant 2972 to Kaapau and
Kama;
3. 2760 33' 38" 37.56 feet along remainder of
Grant 2972 to Kaapau and
Kama;
34
thence along remainder of
grant 2972 to Kaapau and
Kama on a curve to the
left with a radius of
20.00 feet, the chord
azimuth and distance being:
4. 2300 41' 49" 28.71 feet, thence;
5. 1840 50' 285.34 feet along remainder of
Grant 2972 to Kaapau and
Kama;
thence along remainder of
Grant 2972 to Kaapau and
Kama on a curve to the
left with a radius of
30.00 feet, the chord
azimuth and distance being:
6. 1420 25' 40.47 feet, thence;
7. 1000 00' 10.85 feet along remainder of
Grant 2972 to Kaapau and
Kama;
8. 1900 00' 60.00 feet along remainder of
Grant 2972 to Kaapau and
Kama;
thence along remainder of
Grant 2972 to Kaapau and
Kama on a curve to the
left with a radius of
30.00 feet, the chord
azimuth and distance being:
9. 2320 25' 44.30 feet, thence;
10. 1840 50' 125.50 feet along remainder of
Grant 2972 to Kaapau and
Kama;
11. 940 50' 133.00 feet along remainder of
Grant 2972 to Kaapau and
Kama;
12. 1840 50' 150.64 feet along remainder of
Grant 2972 to Kaapau and
Kama;
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13. 2740 50' 602.48 feet along Lots 190 and
189, the end of 'AMA'AMA
Street, Lots 192, 131,
130, 129, 128 and 127 of
Kona Palisade Unit II
(File Plan 1087);
14. 2800 00' 102.68 feet along Lots 127 and
126 of Kona Palisade
Unit II (File Plan 1087);
15. 100 00' 350.00 feet along Lot 1 of Kona
Acres Unit 1,
Increment "A" (File
Plan 1347);
16. 2800 00' 231.47 feet along Lots 1 and 2 of
Kona Acres Unit 1,
Increment "A" (File
Plan 1347);
17. 100 00' 555.56 feet across the end of
Hi'olani Street and along
Lots 7 and 11 of Kona
Acres Unit 1,
Increment "A" (File
Plan 1347) to the point of
beginning and containing
an area of 14.999 Acres.
All as shown on the map attached hereon, 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, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) Subdivision plans shall be
submitted for tentative approval within one year 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; (C) A drainage
-3-
system meeting with the approval of the Department of Public
Works shall be installed; (D) Access to the proposed lots shall
meet with the approval of the Department of Public Works;
(E) Should any unanticipated archaeological /historical sites or
features of importance be uncovered during land preparation
activities, work in the affected area shall cease immediately
and the Planning Director shall be notified. Work in the
affected area shall not resume until such time that clearance
is obtained from the Planning Director; (F) All other
applicable laws, rules, regulations and requirements be
complied with; (G) 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; (H) 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 applicant's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; and (I) An initial extension of time for
the performance of conditions within the ordinance may be
granted by the Planning Director upon the following
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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; 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.
INTRODUCED BY:
UNCIL ME R, CVUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 5, 1989
Date of 1st Reading: May 3, 1989
Date of 2nd Reading: May 17, 1989
Effective Date: May 22, 1989
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AMENDMENT TO THE ZONING
CODE
AMENDING SECTION 25 -B7 (NORTH KONA ZONE
MAP) AiiTICLE 'a, CHAP -rmm -25 `ZONING CODE)
OF THE HAYVAII COUNTY CODM, BY CHANOINS
THE DISTRICT CLA'-391FICATION FROM
UN-
PLANNED (U) TO SINGLE FAMILY RCSIDENTIAL
AT KAI -AOA 5TH, NORTH KONA,
HAWAII.
PREPARED 19Y = I°LANNINO DEPARTMENT
G.oUNTY oP HAwAII
TMK ; 7- 3-10 - --2.7 (1°01RTION) Nov_
15, I°J86
EXHIBIT IIAII