HomeMy WebLinkAboutORD 1989-155 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. 162
ORDINANCE NO. 89 155
AN ORDINANCE AMENDING SECTION 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 AGRICULTURAL (A -20a) TO AGRICULTURAL (A -5a) AT KAAWALOA,
SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8 -1 -21:30 & 33.
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 Kaawaloa, South Kona, Hawaii, shall be
Agricultural (A -5a):
Beginning at the Southeasterly corner of this parcel of
land, being also the southwesterly corner of Lot F -23 and
the Northeasterly corner of Lot 76, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "PUU OHAU" being 4.,573.68 feet South
and 19,099.52 feet East and running by azimuths measured
clockwise from True South:
1. 630 57' 30" 580.99 feet along Lot 76 and along
Royal Patent 3607, Land
Commission Award 8452, Apana 9
to A. Keohokalole to a point;
2. 1500 37' 703.40 feet along Lots F -14 -A and
F -14 -B and along the remainder
of Royal Patent 4386, Land
Commission Award 8452,
Apana 10 to A. Keohokalole to
a point;
3.
1760
25'
12.81
feet along Lots F -14 -A and
F -14 -B and along the remainder
of Royal Patent 4386, Land
Commission Award 8452,
Apana 10 to A. Keohokalole to
a point;
Thence,
for the
next seven
(7) courses following along
Lot
F -15 and along the
remainder of Royal Patent 4386,
Land
Commission
Award 8452,
Apana 10 to A. Keohokalole:
4.
2270
43'
17.77
feet to a point;
5.
2180
08'
85.80
feet to a point;
6.
2460
55'
42.55
feet to a point;
7.
2880
18'
49.11
feet to a point;
8.
2720
33'
89.09
feet to a point;
9.
2410
20'
102.41
feet to a point;
10.
2460
13'
78.68
feet to a point;
11.
2540
57'
86.10
feet along Lots F -15 and F -32
and along the remainder of
Royal Patent 4386, Land
Commission Award 8452,
Apana 10 to A. Keohokalole to
a point;
12.
2280
35'
89.67
feet along Lot F -32 and along
the remainder of Royal
Patent 4386, Land Commission
Award 8452, Apana 10 to
A. Keohokalole to a point;
13. 2720 15' 60.99 feet along Lot F -32 and along
the remainder of Royal
Patent 4386, Land Commission
Award 8452, Apana 10 to
A. Keohokalole to a point;
Thence, for the next four (4) courses following along
Lot F -32 and along the remainder of Royal Patent 4386,
Land Commission Award 8452, Apana 10 to A. Keokohalole:
14. 3540 02' 30" 10.10 feet to a point;
-2-
15. 3370 02' 523.59 feet to a point;
16. 3540 15' 52.55 feet to a point;
17. 3250 35' 76.48 feet to the point of beginning
and containing an area of
9.881 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 be responsible for complying with all of the
stated conditions of approval; (B) Final subdivision approval
shall be secured within one year from the effective date of the
change of zone; (C) All other applicable laws, rules,
regulations, and requirements be complied with; (D) 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; (E) 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
-3-
required; and, (F) 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 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.
INTRODUCED BY:
7W
COU CIL MEMB UNTY16F HAWAII
Hilo, Hawaii
Date of Introduction:
November
15,
1989
Date of 1st Reading:
November
15,
1989
Date of 2nd Reading:
December
5,
1989
Effective Date:
December
11,
1989
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L A K/ C K U A
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A -S a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION -25 -86 (NORTH AND SOUTH
KONA DISTRICTS ZONE MAP) ARTICLC :5, CHAPTER
2S (ZONING CODC) 07� THE HAWAII COUNT-, CODE,
137' CHANGING THE- pISTRiCT CLASS1t= 1CAT1oN
FtRoNl AGT<iCULTUr-RAL (A-ZOQ) TO AGRICULTU(�AL
(A -5a) AT KAAYVALOA, SOUTH KON.A, HAWA)1.
PIREPARCD BY pLANNINE� LJcpARTMENT
couNTy of HAWAII
TMK B -t -21 = 3o AND
EXHIBIT 11 A"