HomeMy WebLinkAboutBIL 245 Draft 01 2000-2002
COU101°I`Y OF IIA~VAI`I S'TA.T~ O~ I-IAd~'~~I`I
1~ILIa 1010. 245
O~I101AlO1CE 1010.
AN ORDINANCE AMENDING ORDINANCE NO. O1 64, WHICH AMENDED
ORDINANCE NOS. 00-105, 99-79 AND 94-78, WHICH RECLASSIFIED LANDS FROM
UNPLANNED (U) TO AGRICULTURAL (A-la) AT PUUANAHULU HOMESTEADS,
NORTH KONG, HAWAII, COVERED BY TAX MAP KEY 7-1-05:9, 10, 22, 26, 28-34, 39, 40,
41,58&59.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTIOle1 1. Ordinance No. O1 64, which amended Ordinance Nos. 00-105, 99-79, and
94-78, is amended as follows:
"SECTION 1. Section 25-8-2, Article 8, 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
Homesteads, North Kona, Hawaii, shall be Agricultural (A-la):
Beginning at a set rebar and cap at the Easterly corner of this parcel of land, on the
Southwesterly side of a 25-foot wide Road Reserve (Homestead Road) and on the
Northwesterly side of Mamalahoa Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PUU PANINI" being 1006.94 feet
North and 5250.91 feet East and running by azimuths measured clockwise from True
South:
Thence along the Northwesterly (makai) side of Mamalahoa Highway for
the following four (4) courses:
1. 62° 13' 00" 8.13 feet to a rebar and cap;
Thence along a curve to the left with a radius of 2045.65 feet, the chord azimuths
and distance being;
2. 60° 40' 46" 101.76 feet to a rebar and cap;
3. 59° 08' S4" 846.01 feet to a found pipe;
4. 59° 11' 00" 149.89 feet to a found pipe in concrete;
5. 149° 08' 00" 326.37 feet along Lot C to a found pipe in concrete;
6. 59° 10' S0" 399.40 feet along Lot C to a found pipe in concrete;
7. 329° 12' 00" 331.12 feet along Lot C to a rebar and cap;
Thence along the Northwesterly (makai) side of Mamalahoa Highway for the
following three (3) courses;
8. 56° 55' 00" 3.37 feet to a rebar and cap;
9. 56° 55' 10" 716.93 feet to a found pipe;
10. 56° 5T 00" 472.37 feet to a found pipe;
11. 121° 04' 00" 681.39 feet along TMK: 7-1-05:36, the remainder of
Grant 7540 to a rebar and cap;
12. 8° 18' 00" 153.94 feet along fence and along TMK: 7-1-05:36,
the remainder of Grant 7540 to a rebar and
cap;
13. 13° 18' 00" 89.00 feet along fence and along TMK: 7-1-05:36,
the remainder of Grant 7540 to a rebar and
cap;
14. 24° 47' 00" 674.50 feet along fence, along TMK: 7-1-05:51 and
50, the remainder of Grant 6151 to a found
pipe in concrete;
15. 94° 16' 25" 25.00 feet crossing end of 25-foot old Homestead
Road to a rebar and cap;
16. 94° 23' 30" 154.28 feet along fence along Lot 26-13 to a found
pipe;
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17. 94° 12' 30" 420.73 feet along fence along Lot 26A-1 to a found
pipe at fence corner;
18. 4° 25' 25" 433.57 feet along fence along Lot 26A-1 to a found
pipe;
19. 53° 34' 00" 24.51 feet crossing the old Homestead Road
(25-foot wide) to a rebar and cap;
20. 143° 41' 00" 270.50 feet along stonewall along Lot 27-B to a
found nail at middle of stonewall;
21. 143° 24' 00" 310.24 feet along stonewall along Lot 27-8 to a
found nail and at middle of stonewall;
22. 32° 35' S0" 537.23 feet along Lot 27-8 to a found pipe;
Thence along an old fence line, along State of Hawaii lands for the following
(15) courses;
23. 140° 17' 00" 502.04 feet to a found pipe;
24. 141 ° 54' 00" 369.02 feet to a found pipe;
25. 162° 04' 00" 643.50 feet to a set rebar and cap;
26. 167° 19' 00" 157.00 feet to a set rebar and cap;
27. 166° 09' 45" 473.02 feet to a set rebar and cap;
28. 177° 33' S0" 168.02 feet to a set rebar and cap;
29. 167° l 9' 00" 157.00 feet to a set nail in a found on rock;
30. 171° 51' 00" 576.00 feet to a found pipe;
31. 211 ° 35' 00" 305.03 feet to a found pipe;
32. 224° 52' 00" 141.96 feet to a found pipe;
33. 223° 31' 00" 522.00 feet to a set rebar and cap;
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34. 175° 56' 00" 606.79 feet passing over a set rebar and cap at
545.02 feet to a set nail in a found in a
set stone;
35. 178° 24' 40" 801.47 feet to a found on rock;
36. 241 ° 51' S5" 677.87 feet to a found on rock;
37. 245° 07' S0" 373.00 feet to a found on rock;
38. 241 ° 14' OS" 463.15 feet along State of Hawaii lands to a found
pipe and rock marked "XXXVI";
39. 261 ° 34' 25" 531.86 feet along State of Hawaii lands to a found
pipe at fence line;
40. 256° 59' 35" 331.98 feet along a fence line and stonewall, along
State of Hawaii lands to a found spike in
rock and concrete at fence and wall junction;
41. 317° 36' 00" 591.70 feet along stonewall and fence line, along
State of Hawaii lands to a set P.K. Nail at
the West face of stonewall;
Thence following near (paralleling) old fence line and broken stonewall, along
State of Hawaii lands for the remaining
eleven (11) courses;
42. 324° 55' 00" 684.18 feet to the middle "X" of a rock marked
"XXXVII";
43. 323° 29' 00" 232.10 feet to a spike in rock;
44. 325° 25' 00" 436.00 feet to a set rebar and cap;
45. 329° 34' 00" 250.00 feet to a set rebar and cap;
46. 330° 48' 00" 37.90 feet to a set rebar and cap;
47. 331 ° 33' 35" 910.42 feet to a set nail and cap in concrete;
48. 325° 13' 00" 120.00 feet to a set rebar and cap in concrete;
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49. 301 ° 53' 00" 335.82 feet to a set P.K. Nail in rock;
50. 313° l0' 25" 34.65 feet crossing the end of an old 25-foot wide
Homestead Road to a set P.K. Nail in rock;
51. 314° 46' S5" 528.79 feet along the Southwesterly side of the old
Homestead Road to a found on rock
marked "XXI";
52. 310° 58' 00" 327.75 feet to the point of beginning and containing
an area of 425.69 acres, more or less.
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) The effective date of the rezoning shall be when:
(1) The applicant provides assurances satisfactory to the Departments of
Water Supply and Planning, upon consultation with the State Department
of Health and the Department of Land and Natural Resources, that a water
source(s) of sufficient quality and quantity has been established within two
years from the enactment of this ordinance; provided that a maximum one-
year extension may be granted by the Planning Director with reasonable
and sufficient justification;
(2) An agreement, together with the appropriate bond, surety or other security
deemed acceptable by the Planning Director, is executed between the
applicant and the County through its Departments of Water Supply and
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Planning for the actual development of a proven source and its water
transmission and distribution system within one year for the official date
of compliance with Condition B(1); provided that aone-year extension
may be granted by the Planning Director with reasonable and sufficient
justification;
(C) Plans for the proposed subdivision shall be submitted to the Planning Department
and Final Subdivision Approval secured within five (5) years from the effective
date of rezoning determined in Condition B. As represented and agreed to by the
applicant, the proposed residential-agricultural subdivision shall not exceed a
maximum limit of 106 one to five-acre sized lots. Prior to the issuance of Final
Subdivision approval of any portion of the subject property, except for
consolidation and resubdivision of existing parcels, the applicant shall submit to
the Planning Director to initiate a change of zone application to reclassify all
lands comprising the 27-hole golf course, the community park and related
recreational facilities into an Open-zoned District classification, and the director
shall initiate such rezoning upon the issuance of final subdivision approval;
(D) It shall be demonstrated to the satisfaction of the Planning Director that
agricultural activity is being conducted on the subdivided lots within three years
from the date of Final Subdivision Approval. For the purpose of this condition,
"agriculture" shall be defined as the cultivation of crops, including but not limited
to flowers, vegetables, foliage, and fruits that are propagated for economic or
personal use. An agricultural activity will be considered satisfactory:
(1) If such activity is implementing a conservation program for the affected
property(ies), as approved by the applicable soil and water conservation
district directors and filed with the Soil Conservation Service;
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(2) If it provides a source of income to the person(s) who reside on the
property or;
(3) If the property is dedicated for agriculture uses in accordance with
applicable I`ax Department procedures and that such agriculture dedication
shall be made a deed covenant and duly recorded with the State Bureau of
Conveyances and a copy of the recorded deeds shall be filed with the
Planning Department within one year from the date of Final Subdivision
Approval;
Each approved lot must comply with at least one of the above requirements to
satisfy the conditions of approval of this ordinance;
(E) As agreed to by the applicant, restrictive covenants in the deeds of all the
proposed residential-agricultural lots shall prohibit the construction of an ohana
dwelling or a second dwelling unit on each lot. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the approved covenant shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision Approval;
(F) A wastewater disposal system shall be constructed in a manner meeting with the
approval of the State Department of Health and/or the Department of Public
Works, whichever is applicable;
(G) A comprehensive drainage study of the subject property shall be prepared for the
review and approval of the Department of Public Works, in conjunction with the
submittal of plans for subdivision review. Drainage improvements, if required,
shall be constructed in a manner meeting with the approval of the Department of
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Public Works, prior to the issuance of Final Subdivision Approval of the subject
property;
(H) A final archaeological inventory survey and mitigation plan shall be prepared and
submitted for approval by the Planning Director, in consultation with the
Department of Land and Natural Resources-Historic Preservation Division, prior
to submittal of plans for subdivision review. The Plan shall consist of two
subplans;
(1) An archaeological data recovery plan for the sites to undergo data
recovery;
(2) A detailed preservation/interpretation plan for the sites to undergo
preservation. The preservation/interpretation plan shall include buffer
zones, signage, interim protection measures, and long-range preservation
concerns. The Plan shall also detail measures to provide unrestricted
assess to all individuals wishing to visit any burial sites which may be
located within the project site. Proposed mitigation treatment
(preservation in place or disinternment/reinternment) for burial sites,
including the preparation of a burial treatment plan, must be approved
by the Historic Preservation Division's Hawaii Island Burial Council
before detailed mitigation plans are finalized for these sites. The
Planning Department and the State of Hawaii's Historic Preservation
Division shall verify in writing the successful execution of the plan,
prior to land altering activities in the area of historic sites;
(I) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
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archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken;
(J) Access(es) to the project site shall be constructed in a manner meeting with the
approval of the Departments of Transportation-Highways Division and/or Public
Works, whichever is applicable. The proposed main project access roadway
intersection with the Mamalahoa Highway shall be channelized with left turn
storage lanes and acceleration and deceleration lanes with appropriate street
lighting which shall be completed prior to Final Subdivision Approval for any
portion of the Agricultural-zoned area within the project site. Guardrails shall be
installed along the project site's Mamalahoa Highway frontage for all lots
requiring protection from highway traffic;
(K) In lieu of the actual construction of infrastructural improvements as required
under Conditions F, G and J, the applicant may enter into an agreement with the
Planning Director to assure the county that the infrastructural improvements will
be constructed together with the appropriate bond, surety or other security deemed
acceptable to the Planning Director and the Corporation Counsel. Upon execution
of such agreement and/or filing of the security with the County, final subdivision
approval for the subject property or portions thereof shall be granted prior to the
actual construction of required infrastructural improvements;
(L) The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to park, fire, police, solid waste disposal
facilities, sewer and roads. The fair share contribution shall be initially based on
the representations contained within the change of zone application and may be
increased or reduced proportionally if the residential-agricultural lot counts are
adjusted. The fair share contribution for each residential -agricultural lot shall be
based on a maximum density for each lot as determined by the zoning resulting
from this change of zone. The fair share contribution in a form of cash, land,
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facilities, or any combination thereof shall have a maximum combined value of
$728,984.26. The fair share contributions described above shall be adjusted
annually based on the percentage change in the Honolulu Consumer Price lndex
(HCPI). In lieu of paying the fair share contribution, the applicant may construct
such facilities related to park, fire, police, solid waste disposal facilities, sewers
and roads with the approval of the appropriate agency(ies). Any contributions
required by this ordinance that exceed the fair share requirement of the subject
property shall, at the applicant's request be credited towards any of the applicant's
future developments that require infrastructural impact contributions;
(M) To ensure the Goals and Policies of the Recreation Element of the General Plan
are implemented, the applicant shall:
(1) Subdivide and convey in fee, approximately 10 + acres of land within
the project site, to the Pu'uanahulu Community Association or its
designee for development as a community park, within six (6) months
from the effective date of this amendment. The applicant shall be
responsible for payment of the park's real property taxes and liability
insurance for a two year period from the effective date of this ordinance;
(2) As represented by and committed to by the applicant, construction of the
community park and community recreational center shall commence no
later than December 1, 2000 and be completed no later than [November
30, 2001 ]November 30, 2002, and the construction of the volunteer fire
station shall commence no later than September 1, 2001 and be completed
no later than [February 1, 2002] January 31, 2003. A maximum 6-month
time extension for completion of the required improvements may be
granted by the Planning Director provided that an agreement is entered
into between the Planning Director and the applicant, its assigns or
successors, accompanied by a surety bond (other than personal surety),
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certified check or other security acceptable to the Director, in the sum
equal to the cost of all work required to complete the required
improvements within the extended time period; and
(3) The applicant shall provide metered potable water service equal to three
(3) units of water, as units are defined by the County Department of
Water Supply for use at the community park. Upon the County's
request, the applicant shall also provide a minimum of one (1) unit of
water to its property line to accommodate a public rest stop.
All necessary approvals to allow the construction of the proposed facilities within
the project site shall be applied for and secured by the applicant with the
construction for the community park and community recreational center to
commence no later than December 1, 2000 and to be completed no later than
[November 30, 2001 ]November 30, 2002, and the construction for the volunteer
fire station to commence no later than September 1, 2001 and to be completed no
later than [February 1, 2002]January 31, 2003, subject to a maximum 6-month
time extension if approved by the Planning Director;
(N) The applicant shall install pedestrian walkways and bike lanes within the
proposed subdivision development as a means of addressing pedestrian and
bicyclist safety. The location of these walkways and bike lanes, which shall be
determined by the Planning Director in consultation with Na Ala Hele, shall be
indicated on plans submitted for subdivision review;
(O) A solid waste management plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision review.
The Plan shall include, but not be limited to, the management of construction
solid waste as well as operating and domestic solid waste generated by the subject
property. Approved recommendations and mitigation measures shall be
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implemented at a time and in a manner meeting with the approval of the
Department of Public Works;
(P) The applicant shall establish and maintain a landscaping program around the new
electric substation located near the northeast boundary of the subject properties;
(Q) The applicant, successors or its assigns shall recite in the deeds of all the proposed
agricultural lots within the proposed agricultural lots within the protect site, to be
recorded with the )3ureau of Conveyances, that all prospective lot owners shall be
responsible for paying any additional real property taxes owed as a result of
withdrawing the property from dedicated agricultural use to residential use and
shall inform the Director of Finance in writing of any such changes;
(R) The applicant shall comply with the provisions set forth by the State Department
of Land and Natural Resources for the acquisition of paper homestead roads
relating to the public easement route;
(S) Comply with all applicable laws, rules, regulations and requirements of the
affected agencies;
(T) 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 shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
(U) An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this change of zone. The report shall address
in detail 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
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approval have been complied with and the Planning Director acknowledges that
further reports are not required;
(V) An initial extension of time for the performance of conditions within the
ordinance, with the exception of Conditions B and M, 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 applicant, 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);
(5) Should the applicant require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
(W) 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."
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SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
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:
/ ~ r /
CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
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