HomeMy WebLinkAboutORD 1989-143 1988-1992COUNTY OF HAWAIL-'J* ESTATE OF HAWAII
Bill No. 145
(Draft 3)
ORDINANCE NO. 89 143
AN ORDINANCE AMENDING SECTION 25 -88 (SOUTH KONA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A -5a) TO SINGLE FAMILY RESIDENTIAL (RS -10) AND (RS -15) AT
KEEKEE 1ST AND 2ND, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY
8 -1 -03:7, 60 AND POR. 20.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -88, 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 Keekee 1st, South Kona, Hawaii, shall be
Single Family Residential (RS -10):
Parcel 1
Beginning at the Southeasterly corner of this parcel of
land, being also the Westernmost corner of Lot 26 and the
Southernmost corner of Lot A- 6 -A -13, of Land Court
Application 1609, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU OHAU ", being 1,019.13 feet North and 9,904.73
feet East and running by azimuths measured clockwise from
True South:
1. 690 11' 329.34 feet along Royal
Patent 6322, Land
Commission Award 7036,
Apana 1 to Kahue to a
point;
2. 690 26' 327.42 feet along Royal
Patent 6322, Land
Commission Award 7036, to
Kahue to a point;
LA /TN
3.
1660
48'
30"
195.55
feet along the remainders
of Royal Patent 3864, Land
Commission Award 7210,
Apana 1 to Kini and Royal
Patent 3866, Land
Commission Award 8157,
Apana 1 to Kuapehu to a
point;
4.
2560
48'
30"
100.46
feet along Lot A -4 -F of
Land Court
Application 1609 to a
point;
5.
2510
18'
86.76
feet along Lot A -4 -F of
Land Court
Application 1609 and along
the Southerly end of
Alalani Street to a point;
6.
2400
32'
30"
70.77
feet along the Southerly
end of Alalani Street and
along Lot A -4 -G of Land
Court Application 1609 to
a point;
7.
2360
30'
30"
64.12
feet along Lot A -4 -G of
Land Court
Application 1609 to a
point;
Thence, for
the
next
six (6) courses following along
Lot
A- 6 -A -15
of
Land
Court Application 1609:
8.
3410
57'
30"
153.22
feet to a point;
9.
2490
34'
30"
23.04
feet to a point;
10.
2390
40'
70.28
feet to a point;
11.
2300
08'
40.08
feet to a point;
12.
2350
00'
50.00
feet to a point;
13.
2530
40'
43.00
feet to a point;
14.
2440
40'
60.37
feet along Lot A- 6 -A -15 of
Land Court
Application 1609 and along
the Southerly end of
Kihapai Street to a point;
-2-
15. 3160 08' 30" 96.24 feet along Lot A- 6 -A -13 of
Land Court
Application 1609 to the
point of beginning and
containing an area
of 1.906 Acres. (Refer to
Parcel 1 as shown on
Exhibit "A").
The district classification of the following area situated
at Keekee 1st and 2nd, South Kona, Hawaii, shall be Single
Family Residential (RS -15):
Parcel 2
Beginning at the Northeasterly corner of this parcel of
land, being also the Southeasterly corner of Lot 21 of
Kona Scenic Subdivision, Unit I (File Plan 1456), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU" being
11327.11 feet North and 9,073.37 feet East and running by
azimuths measured clockwise from True South:
1. 3500 50' 33.98 feet along Lot A -3 of Land
Court Application 1609 to
a point;
2. 3540 32' 184.00 feet along Lot A -3 and
Lot A -4 -D of Land Court
Application 1609 to a
point;
3. 3550 03' 165.24 feet along
Lot A -4 -D and A -4 -E of
Land Court
Application 1609 to a
point;
4. 2560 48' 30" 138.80 feet along Lot A -4 -E of
Land Court
Application 1609 to a
point;
5. 3460 48' 30" 195.55 feet along the remainders
of Royal Patent 3866, Land
Commission Award 8157,
Apana 1 to Kuapehu and
Royal Patent 3864, Land
Commission Award 7210,
Apana 1 to Kini to a point;
-3-
Thence, for the
next
eight (8)
courses following along
Royal Patent 6322,
Land Commission
Award 7036 to Kahue:
6.
690
26'
88.36
feet to a point;
7.
820
24'
40"
313.42
feet to a point;
8.
3420
17'
30"
67.96
feet to a point;
9.
2590
03'
64.59
feet to a point;
10.
2580
09'
30"
154.40
feet to a point;
11.
2620
O1'
83.99
feet to a point;
12.
2680
21'
49.09
feet to a point;
13.
2580
09'
102.71
feet to a point;
14.
3570
07'
30"
82.06
feet along Royal
Patent 3883, Land
Commission Award 9753 -B,
Apana 1 to Paiwa to a
point;
15.
3460
29'
50.09
feet along Royal
Patent 3833, Land
Commission Award 9753 -B,
Apana 1 to Paiwa to a
point;
16.
780
52'
251.26
feet along Royal
Patent 4034, Land
Commission Award 8455 -E,
Apana 1 to Pauope to a
point;
17.
750
02'
30'
104.16
feet along the remainder
of Grant 866 to Kapule to
a point;
18.
1550
48'
15"
125.45
feet along the remainders
of Grant 866 to Kapule and
Grant 977 to Panaunau to
a point;
19.
790
03'
108.05
feet along the remainder
of Grant 977 to Panaunau
to a point;
20.
50
00'
26.47
feet along the remainder
of Grant 977 to Panaunau
to a point;
-4-
Thence, for the
next
four (4) courses following along
Grant
866
to Kapule:
21.
760
57'
101.26
feet to a point;
22.
810
34'
85.63
feet to a point;
23.
890
07'
133.23
feet to a point;
24.
790
56'
30"
152.48
feet to a point;
Thence, for the
next
five (5) courses following along the
remainder
of Grant 977 to Panaunau:
25.
1750
54'
30"
333.18
feet to a point;
26.
2710
17'
30"
56.46
feet to a point;
27.
1870
45'
30"
174.98
feet to a point;
28.
1970
24'
30"
102.93
feet to a point;
29.
1840
59'
157.50
feet to a point;
30.
2680
54'
30"
194.80
feet along Government Land
(County of Hawaii) to a
point;
31.
2580
46'
30"
73.41
feet along Government Land
(County of Hawaii) to a
point;
32.
2710
04'
30"
165.08
feet along Lot 22 of Kona
Scenic Subdivision and
along the Southerly end of
Muli Street to a point;
33.
2580
28'
136.49
feet along the Southerly
end of Muli Street and
along Lot 21 of Kona
Scenic Subdivision, Unit I
(File Plan 1456) to the
point of beginning and
containing an area of
12.387 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A ").
All as
shown
on
the map attached
hereto, marked
Exhibit
"A"
and
by reference
made
a part hereof.
-5-
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) To ensure that
the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall work with the Office
of Housing and Community Development and the Planning
Department to formulate a housing plan for the development to
assure it addresses the affordable housing needs of the
community. This housing plan shall be approved by the County
Housing Agency prior to granting of Final Subdivision Approval;
(D) The roadways within the RS -15 zoned area shall be
constructed with curbs, gutters, and sidewalks meeting with the
approval of the Department of Public Works prior to receipt of
final subdivision approval; (E) That an archaeological data
recovery plan be submitted at the time of subdivision review to
the Department of Land and Natural Resources, Historic Sites
Section, and the Planning Department for review and
acceptance. The archaeological data recovery in conformance
with the accepted plan shall be completed prior to any land
aM.
alteration; (F) Should any unanticipated
archaeological /historic sites or features of importance be
uncovered during land preparation activities, work in the
affected area shall not resume until such time that clearance
is obtained from the Planning Director; (G) As agreed to by the
applicant, the applicant shall include restrictive covenants in
the deeds to prohibit the construction of ohana units on any of
the lots in the proposed subdivision; (H) All other applicable
laws, rules, regulations, and requirements be complied with;
(I) 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 the Unified Impact Fees
Ordinance; (J) 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, (K) 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
-7-
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 shall 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:
n
G
COU1CIL MEMBER COUNTY O HAWAII
October 4, 1989
October 4, 1989
November 1, 1989
November 20, 1989
S
D
O �
4
R`
� NORTH
� SGALE
1'019. 13 N
0
A -S.
P,
a
m
Q � RS to
PARCEL �
AGRICULTURAL
> To SINGLE t =AMtLY
RE510E'NTIAL (RS -15,
AREA = 1-? -s 87 AcREs
-sq \
I A -Sq
A -sq
A-Sa ` Se
1-
AMENDMENT TO THE ZONING CODE
AMENDING SECTION -25-BB (SOUTH KONA ZONC
MAP) ARTICLC S, CHAPTCIZ 25 (ZONING CODE)
OF THE HAINAII COUNTY COP=-, SY CHANGING
THE DISTRICT CLAS51F1CATION FROM AGC2ICUL-
TURAL (A -5q) To SINGL -E FAMILY I�E51bCNT1Al-
(RS -to) ANfl (RS -t B) A-T- KCEKEE 15T AND �f�1b,
SOUTH KONA, HANAII-
pREPAftE� BY _ PLANNING t�EPAFtTMENT
COUNTY of HAYVAII
TMK : 0-1 -0a - 7, 6o AND POM- op 20
EXHIBIT 11A11
JULY I -2,