HomeMy WebLinkAboutORD 1989-135 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. 146
ORDINANCE NO. 159 1 as
AN ORDINANCE AMENDING SECTION 25 -95G (PUAKO- ANAEHOOMALU ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0),
LIMITED INDUSTRIAL (ML -20), VILLAGE COMMERCIAL (CV -10) AND
MULTIPLE FAMILY RESIDENTIAL (RM -3) TO VILLAGE COMMERCIAL
(CV -10), MULTIPLE FAMILY RESIDENTIAL (RM -3) AND OPEN (0) AT
WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6 -8- 22:18, 19, 21 AND 33.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -95G, Article 3, Chapter 25 (zoning
-.e
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 Waikoloa, South Kohala, Hawaii, shall be
Village Commercial (CV -10):
Parcel A
Beginning at the North corner of this parcel of land, the
coordinates of said point of beginning and referred to
Government Survey Triangulation Station "PUU HINAI" being
14,237.77 feet North and 29,696.66 feet West, thence
running by azimuths measured clockwise from true South:
1. 2810 16' 176.28 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
2. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the left with a
radius of 50.00 feet, the
chord azimuth and distance
being:
110 31' 56" 40.21 feet;
3. 1010 16' 169.13 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
4. 490 07' 44" 629.66 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
5. 1630 30' 126.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
6. 2370 05' 611.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu to the
point of beginning and
containing an area of 1.222
Acres. (Refer to Parcel A as
shown on Exhibit "A ").
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Village Commercial (CV -10):
Parcel B
Beginning at the South corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
13,761.14 feet North and 29,649.51 feet West, thence
running by azimuths measured clockwise from true South:
1.
650
35
290.00
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
2.
1290
27'
105.00
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
3.
1130
15'
195.00
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
4.
2290
07' 44"
629.66
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
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5. 2810 16' 169.13 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
6. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the left with a
radius of 50.00 feet, the
chord azimuth and distance
being:
3200 41' 59" 45.59 feet;
7. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the left with a
radius of 1225.00 feet, the
chord azimuth and distance
being:
3500 50' 52" 73.07 feet;
8. 280 10' 23" 335.07 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu to the
point of beginning and
containing an area of 4.496
Acres. (Refer to Parcel B as
shown on Exhibit "A ").
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM -3):
Parcel C
Beginning at the East corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
14,087.32 feet North and 29,474.81 feet West, thence
running by azimuths measured clockwise from true South:
1. 280 10' 23" 34.95 feet along remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
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2. Thence along remainder of R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu, on a
curve to the right with a
radius of 1225.00 feet, the
chord azimuth and distance
being:
1700 50' 52" 73.07 feet;
3. Thence along remainder of R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu, on a
curve to the left with a
radius of 50.00 feet, the
chord azimuth and distance
being:
2720 25' 19" 36.09 feet;
4. 11° 16' 40.59 feet along remainder of R.P.
5671, L.C. Aw. 8521 -B, Ap. 1
to G. D. Hueu to the point of
beginning and containing an
area of 1443 square feet or
0.033 Acre. (Refer to
Parcel C as shown on Exhibit
"A ").
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM -3):
Parcel D
Beginning at the West corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
14,087.32 feet North and 29,474.81 feet West, thence
running by azimuths measured clockwise from true South:
1. 1910 16' 40.59 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
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2. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the left with a
radius of 50.00 feet, the
chord azimuth and distance
being:
2420 25' 15.39 feet;
3. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the left with a
radius of 1175.00 feet, the
chord azimuth and distance
being:
3460 56' 57" 227.89 feet;
4. 2700 00' 443.57 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
5. 2310 34' 185.87 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
6. 1800 00' 310.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
7. 2350 10' 44.62 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
8. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the left with a
radius of 700.00 feet, the
chord azimuth and distance
being:
3000 23' 13" 101.61 feet;
9. 3600 00' 295.94 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
10. 510 34' 511.80 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
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11. 1070 25'
242.00 feet along
the remainder of
R.P. 5671,
L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
12. 730 06'
58.98 feet along
the remainder of
R.P. 5671,
L.C. Aw. 8521 -B,
Ap. 1 to G.
D. Hueu;
13. 1070 00'
22.22 feet along
the remainder of
R.P. 5671,
L.C. Aw. 8521 -B,
Ap. 1 to G.
D. Hueu;
14. 1590 00'
95.06 feet along
the remainder of
R.P. 5671,
L.C. Aw. 8521 -B,
Ap. 1 to G.
D. Hueu;
15. Thence along
the remainder of R.P.
5671, L.C. Aw.
8521 -B, Ap.
1 to G. D. Hueu,
on a curve
to the right with a
radius of 1225.00
feet, the
chord azimuth
and distance
being:
1640 04' 10" 216.49 feet;
16. 208° 10' 23" 34.95 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu to the
point of beginning and
containing an area of
3.462 Acres. (Refer to
Parcel D as shown on Exhibit
"A").
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM -3):
Parcel E
Beginning at the West corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
13,753.09 feet North and 29,376.58 feet West, thence
running by azimuths measured clockwise from true South:
1. 2530 06' 58.98 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
2. 2870 25'
524.00
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
3. 3100 10'
73.00
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
4. 3210 05'
50.79
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
5. 1030 00'
130.46
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
6. 1230 30'
130.98
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu;
7. 1070 00'
426.41
feet
along
the
remainder of
R.P.
5671,
L.C.
Aw. 8521 -B,
Ap. 1
to G.
D.
Hueu to the
point
of beginning
and
containing
an area
of 0.551
Acre.
(Refer
to
Parcel E as
shown
on Exhibit
"A ").
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Open (0) :
Parcel F
Beginning at the East corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
13,753.09 feet North and 29,376.58 feet West, thence
running by azimuths measured clockwise from true South:
1. 730 06' 95.56 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
2. 2430 56 78.09 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
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3. 2870 00' 22.22 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu to the
point of beginning and
containing an area of 592
square feet or 0.013 Acre.
(Refer to Parcel F as shown on
Exhibit "A ").
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Open (0) :
Parcel G
Beginning at the West corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
13,526.78 feet North and 28,732.47 feet West, thence
running by azimuths measured clockwise from true South:
1. 2830 00' 44.54 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
2. 3540 00' 50.56 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
3. 1410 05' 77.50 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu to the
point of beginning and
containing an area of 1065
square feet or 0.024 Acre.
(Refer to Parcel G as shown on
Exhibit "A ").
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM -3):
Parcel H
Beginning at the Southwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
13,466.48 feet North and 28,683.78 feet West, thence
running by azimuths measured clockwise from true South:
1. 3210 05' 221.70 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
2. 2370 10' 212.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
3. 2820 55' 210.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
4. 2110 05' 230.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
5. 1710 19' 692.47 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -3,
Ap. 1 to G. D. Hueu;
6. 900 00' 160.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
7. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the right with a
radius of 700.00 feet, the
chord azimuth and distance
being:
1040 20' 34" 483.55 feet;
8. 2350 10' 75.38 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
9. Thence along the remainder of R.P. 5671, L.C. Aw.
8521 -B, Ap. 1 to G. D. Hueu,
on a curve to the left with a
radius of 630.00 feet, the
chord azimuth and distance
being:
2850 01' 37" 370.71 feet;
10. 2670 55' 244.61 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
11. 3510 20' 377.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
12. 3110 48' 206.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
13. 40 30' 337.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
14. 420 00' 194.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
15. 1010 15' 224.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
16. 830 43' 122.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
17. 570 30' 195.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
18. 1410 00' 180.00 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu;
19. 1740 00' 72.44 feet along the remainder of
R.P. 5671, L.C. Aw. 8521 -B,
Ap. 1 to G. D. Hueu to the
point of beginning and
containing an area of
3.763 Acres. (Refer to
Parcel H as shown on Exhibit
"A ").
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
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SECTION 2. These changes in district classification are
conditioned upon the following: (A) The applicant, successors,
or its assigns shall comply with all of the applicable
conditions of approval outlined in the previously approved
change of zone ordinances; (B) Consolidation /resubdivision
plans shall be secured from the Planning Department within one
year from the effective date of the change of zone; (C) Final
Plan Approval for the proposed condominium development shall be
secured from the Planning Department within one year from the
date of receipt of Final Approval of the
consolidation / resubdivision action. To assure adequate time
for Plan Approval review and in accordance with Chapter 25 -244
(Zoning Code), plans shall be submitted a minimum of forty -five
days prior to the date by which Plan Approval must be secured:
(D) Construction of the proposed condominium development shall
commence (building permit) within one year from the date of
receipt of Final Plan Approval and be completed within two
years thereafter; (E) A Special Management Area (SMA) Use
Permit application shall be submitted for the CV -10 zoned lands
within three years from the effective date of the change of
zone; (F) All other applicable laws, rules, regulations, and
requirements be complied with; (G) 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
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the Unified Impact Fees Ordinance; (H) 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, (I) 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; 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
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the conditions not be met or substantially complied with in a
timely fashion, the director shall initiate rezoning of the
area to its original or more appropriate designation.
SECTION 3. In the event that any portion of the 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:
NOW�. .
Hilo, Hawaii
Date of Introduction: September 20, 1989
Date of 1st Reading: September 20, 1989
Date of 2nd Reading: October 4, 19.89
Effective Date: October 17, 1989
(NOTE: EXHIBIT "F" is too large to duplicate, therefore
the map is filed in the Clerk's Office.)
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