HomeMy WebLinkAboutORD 1989-103 1988-1992COUNTY OF HAWAII STATE OF HAWAII
ORDINANCE NO,
89 103
Bill No. 108
(Draft 2)
AN ORDINANCE AMENDING SECTIO14 25 -86 (NORTH AND SOUTH KONA
DISTRICTS ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM UNPLANNED (U) TO AGRICULTURAL (A -la) AT PUUANAHULU, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7 -1- 05:57.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -86, 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 Puuanahulu, North Kona, Hawaii, shall be
Agricultural (A -la):
Beginning at a pipe set on the north side of the Mamalahoa
Highway, which marks the Southeast corner of this parcel,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAIPOHAKU" being
1234.16 feet North and 1,158.49 feet East, and running by
azimuths measured clockwise from True South as follows:
1. 590 09' 237.00 feet along the North side of
Mamalahoa Highway;
2. Thence along a curve to the left, with a radius of
2,025.00 feet, the chord azimuth and distance being:
580 00' 81.28 feet;
3. 560 51' 81.10 feet along the North side
of Mamalahoa Highway to a
pipe;
4.
1490
09'
331.58
feet
to
a
pipe;
5.
2390
09'
399.30
feet
to
a
pipe;
LA /TN
6. 3290• 09' 326.70 feet to the point of
beginning and containing
an Area of 3.001 Acres.
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, successors,
or assigns shall comply with all of the stated conditions of
approval; (B) Subdivision plans shall be submitted 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) Restrictive deed covenants for all of the lots shall be
submitted to the Planning Department for review and approval
prior to submittal to the State of Hawaii Bureau of Conveyances
for recordation with the final subdivision plat maps. These
covenants shall include, but not necessarily be limited to, a
restriction on the further conveyance of the subject lots
beyond the immediate family members unless a water system as
required under Chapter 23, Hawaii County Code, is provided to
the proposed lots; (D) Access(es) to the proposed lots from the
Mamalahoa Highway shall meet with the approval of the State
Department of Transportation, Highways Division; (E) All other
applicable laws, rules, regulations and requirements be
complied with; (F) Should the council adopt a Unified Impact
Fees ordinance setting forth criteria for the imposition of
-2-
exactions or ttie assessment of impact fees, conditions included
herein may, at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; (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; and, (H) 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
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
-3-
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 portionof 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:
COU IL MEMBE , COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: June 21, 1989
Date of 1st Reading: June 21, 1989
Date of 2nd Reading: July 5, 1989
Effective Date: July 12, 1989
-4-
uNPLAry NC -o (u)
UNPLANNED (U)
A
0
fU�P� `G
0
4
S
UNP LANN CO (U)
L
239 °Og•-+3°�°� -30
149° 09•
331.58
UNPLANNED (U) To 929 °og'
AGRICULTURAL (^-to) 316.70
UNPLANNED U)
REA = 3 -001 AGREs
IrnB 4 -I� N
UNPLANNED (U)
I U 56031' 1�150.4°� E
BI 10 'KAIPOHAKU'�0
MAMAL A} --IOA HIGH WAY KAMUELq -
1 +
+- KAILU A erg° og'
1 I A -4 'i '13700
A 1 o
X81 ° a
II I NCI I �
G I pI
/fir/ Q
I a/
AMENDMENT TO THE ZONING CODE
AMENDING SECTION Z5 -86 (NORTH AND SOIJTFi
KONA DISTRICTS ZONE MAP) ARTIct.._E 3,
GttAPTCR 25 (ZONING CODC) of THE HA1'4A11
COUNTY COD =, E1' CHANGING THEE [71STR1CT
Ct_A551F1CATION FROM UNPI -ANNCO (U) TO
AGRICULTuTRAL (IN-1m) AT PUUANAHUL_U, NORTH
KONA, HAWAII _
PRC- PtiREb BY = PLANNINC3 bC- 1�Af2TMCNT
couNTY of HAWAII
F M K = 7 -1 -OS - 57 Nom- �B, 1908
EXHIBIT °A"