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HomeMy WebLinkAboutCOM 0324.000 2002-2004Harry Kim Mayor Lincoln S.T. Ashida Corporation Cow el 5-( " : _. I `' Gerald Takase Axsistwu Corporation Counsel (evurlig of &A4[VntV3 AUG 11 PM 3 58 can OFFICE OF THE CORPORATION COiL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-800WAV(i08) 4614622 " August 6, 2003 Honorable James Arakaki, Chairman And Council Members Hawai'i County Council 25 Aupuni Street Hilo, Hawai'i 96720 Dear Chairman Arakaki and Council Members: RE: Dedication Deed - Machado Acres Community Association Tax Map Key (3) 2-4-60:001, 2-4-029:028 Corp. Counsel File No. WRK 02-3021 We are transmitting for the Council's review and consideration for acceptance a copy of the above -referenced dedication deed, along with a draft resolution accepting the deed. This dedication is to fulfill Condition "B" of the Machado Acres Subdivision Rezoning Ordinance 98 105 (see enclosure). This subdivision was originally done as a Cluster Plan Development, including the park areas, to allow 10,000 square foot lots in an RS -15 zone. To allow for the severance and dedication of the park areas, Ordinance 98 105 rezoned the subdivision to the actual density of the residential areas (RS -10) apart from the open space/park areas. Condition "B" of Ordinance 98-105 required the dedication of these park areas to the county. The park areas are denoted Parcel "2" on the map attached to Ordinance 98 105. For a more complete history, please see the enclosed Planning Department memo recommending acceptance dated February 24, 2003. Condition "C" required removal of encroachments from the drainage easements on the property prior to dedication. This has been done and the Department of Public Works is recommending acceptance. (See enclosed Department of Public Works memos dated August 7, 2002 and November 8, 2002). kl i Comm. No. Ref. Tot Ref. Date A' i(; 2 9 7003 r Honorable James Arakaki and Council Members August 6, 2003 Page 2 The Department of Water Supply has also recommended acceptance, by the enclosed memo dated September 13, 2001. The Department of Parks and Recreation has no objection to the acceptance, with the understanding that it will not be improved for recreational use until resources are available to maintain it, by the enclosed memo dated July 28, 2003. Note that the Deed is subject to the terms and conditions of Land Patent Grant S-15,032. That Land Patent Grant conveyed an abandoned railroad right- of-way to the fee owners, but reserved to the State mineral and water rights. We see nothing in such reservation which would pose foreseeable problems for park use of the subject property. Upon acceptance of the above dedication deed, please send notification of such acceptance to: (1) Machado Acres Community Association, 316 Ka Manelo Place, Hilo, Hawaii, 96720; (2) Department of Public Works; (3) Department of Parks and Recreation, and (4) Ivan M. Torigoe, Deputy Corporation Counsel, who will record the said deed with the Bureau of Conveyances. Thank you. Sincerely, IVAN M. TOR OE Deputy Corporation Counsel ZARR ved: Y IM, Mayor IMT:pc Enclosures s:Dedications\Machado\30211tr to Council re Park Dedication 8-03 IMTpc.doc COUNTY OF HAWAI STATE OF HAWAII BILL NO. 279 <1%1 (Draft 4) ORDINANCE NO. 98 105 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -15) TO SINGLE FAMILY RESIDENTIAL (RS -10) AND OPEN (0) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP,KEY 24-29:13 TO 31,33 TO 47,49 TO 58 AND 2-4-60:1 TO 33. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: PARCEL 1: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS -10): Beginning at the southeast comer of this parcel of land, and on the north side of Haihai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,734.55 feet South and 3,635.14 feet East and running by azimuths measured clockwise from True South: 850 40' 788.00 feet along the northeasterly side of Haihai Street; 2. 1750 40' 242.00 feet along Lot B-2, a portion of Grant 10,916 to William Machado; 1970 36' 30" 143.71 feet along Lot 50-F, a portion of Grant 10,916 to William Machado; 4. Thence along Lots 50-F, 50-E and 50-C, being portions of Grant 10,916 to William Machado, along a curve to the right with a radius of 225.00 feet, the chord azimuth and distance being: 1550 39' 20" 153.99 feet; 5. 1750 40' 175.00 feet along Lots 50-C and 50-13, being portions of Grant 10,916 to William Machado; 6. Thence along Lot 50-C, a portion of Grant 10,916 to William Machado, along a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 1300 40' 42.43 feet; 7. 850 40' 60.00 feet along Lot 50-C, a portion of Grant 10,916 to William Machado; 8. 3550 40' 175.00 feet along Lot 50-C, a portion of Grant 10,916 to William Machado; 9. 850 40' 91.00 feet along Lots 50-C and 50-D, being portions of Grant 10,916 to William Machado; f[�VATMI[IY 11. 2360 50' 12. 3270 31' 13. 2370 31' 910.23 feet along the east side of Komohana Street; 415.52 feet along the northerly side of Ainaola Drive; 126.80 feet along Lot 22-A, a portion of Camp 4-C; 617.20 feet along Lots 22-A, 21-A, 20-A and 19-A, being portions of Camp 4-C and Lots 1, 2, 3 and 4 of Waiakea House Lots, 6th Series; 14. 3550 40' 387.88 feet along Maunakai Circle Subdivision, File Plan 1290; 15. 570 31' 519.21 feet along Lot 33, Machado Acres Subdivision, Unit 1, File Plan 1279; -2- 16. 3270 31' 35.35 feet along Lot 33, Machado Acres Subdivision, Unit 1, File Plan 1279; 17. Thence along Lot 33, Machado Acres Subdivision, Unit 1, File Plan 1279, along a curve to the right with a radius of 525.00 feet, the chord azimuth and distance being: 3410 35' 30" 255.35 feet; 18. 3550 40' 438.31 feet along Lot 33, Machado Acres Subdivision, Unit 1, File Plan 1279 and Lot 45 of Machado Acres Subdivision, Unit 2, File Plan 1343; 19. 265° 40' 379.00 feet along Lot 45 and across the remainder of Lot 45 of Machado Acres Subdivision, Unit 2, File Plan 1343; 20. 3550 40' 490.00 feet along Maunakai Circle Subdivision, File Plan 1290 and Lots J-1 and J-2, being portions of Grant 11,265 to heirs of Virginia C. Carey (Deceased) to the point of beginning and containing an area of 25.948 acres. PARCEL 2: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Open (0): Beginning at the northwest comer of this parcel of land, being the southwest comer of Lot 17, Machado Acres Subdivision, Unit 1, File Plan 1279 and on the easterly side of Keone Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 14,565.42 feet South and 3,087.46 feet East and running by azimuths measured clockwise from True South: 2370 31' 519.21 feet along Lots 17, 15, 14, 13, 12 and 11 of Machado Acres Subdivision, Unit 1, File Plan 1279; 2. 3550 40' 962.12 _ feet along Maunakai Circle Subdivision, File Plan 1290; -3- 850 40' 379.00 feet across the remainder of Lot 45 and along Lots 40 to 44, inclusive of Machado Acres Subdivision, Unit 2, File Plan 1343; 4. 1750 40' 438.31 feet along the easterly side of Keone Street; 5. Thence along the easterly side of Keone Street, along a curve to the left with a radius of 525.00 feet, the chord azimuth and distance being: 1610 35' 30" 255.35 feet; 6. 1470 31' 35.35 feet along the easterly side of Keone Street to the point of beginning and containing an area of 7.692 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, and the Machado Acres Association shall be responsible for complying with all of the stated conditions of approval. B. The Machado Acres Association shall subdivide, if required, and dedicate the park site to the County of Hawaii within fifteen (15) years from the effective date of this ordinance. C. Prior to the dedication of the park site to the County of Hawaii, the Machado Acres Association shall be responsible to remove any encroachments and obstructions within the existing privately owned storm drainage easements, meeting with the approval of the Department of Public Works. D. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent -4- work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. E. 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. F. Comply with all other applicable rules, regulations and requirements of the affected agencies for any development of the subject area, including the Department of Public Works, Department of Health and Department of Water Supply. G. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 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; 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). -5- H. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: 7 COtiNCIL MEMBER, COUNTY OF HAWAII September 2, 1998 September 2, 1998 October 7, 1998 October 19, 1998 REFERENC& Comm. 938.04 APPROVED AS TO FORM AND LEGALITY CORPORATION CO SEL DATED: /0 I N l9eK- In A-Sa PA m 1 SINGLE FA&MY RME (RS -1S) TO(Rs S � Tj F - 25S48 ACRES PARC£L 2 SIX= FAjwRE 1 .erg. 7 R09 AfM kMENUIN BODE) a SINGLE (n) AT ' DM TION 2 HAWA RFSI� .. • -33 (CITY OF HILO ZONE MAP) ARIK; RUNTY CODE, BY CHANGING THE DISTE IAL (RS -15) TO SINGLE FAMILY RESIDI HILO, HAWAII. PREPARED BY : PLANNING DEPARTMEN couNw OF HAWAII COC PTER 25 (ZONI -- I�t nl AND OPE OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii Introduced By: Bobby Jean Leithead-Todd Date Introduced: September 2. 1998 First Reading: September 2, 1998 Published: N/A REMARKS: Second Reading: October 7, 1998 To Mayor: October 9 1998 Returned: October 20, 1998 Effective: October 19, 1998 Published: October 27, 1998 REMARKS: DRAFT 3) (T)RAFT 41 C ROLL CALL VOTE r AYES NOES ABS EX Arakaia - - X Chung x Leithead-Todd X Ray X Reynolds Santangelo x Smith X Tyler X Yagong X -Yagong 8 0 1 0 (T)RAFT 41 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO 7O ;AND E �ALITY: C DEPUTY CORPORATION COUNSEL COUNTY OF HAWAIL, Date Approved/DFsepprvved this I day COUCIL CHAIRMAN Of 19 COUNTY CLERK JORJftWAl1``G` Bill No.: _ 279 (Draft 4 ) Reference: C-938.02/PC-141 Ord. No.: 98 10 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Chung X Leithead-Todd X Ray X Reynolds Santangelo I X Smith X Tyler X Yagong X I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO 7O ;AND E �ALITY: C DEPUTY CORPORATION COUNSEL COUNTY OF HAWAIL, Date Approved/DFsepprvved this I day COUCIL CHAIRMAN Of 19 COUNTY CLERK JORJftWAl1``G` Bill No.: _ 279 (Draft 4 ) Reference: C-938.02/PC-141 Ord. No.: 98 10 Barry Kim Morro, County of Hawaii PLANNING DEPARTMENT A upuni Center• 10 I Pauahi Street, Suite 3 • Iido, Hawai 196720 Phone(808)961-8288 • Fax(808)961-8742 To: Ivan Torigoe, Deputy Corporation Counsel From: Roy Takemoto Date: February 24, 2003 Re: Machado Acres Dedication Deed (TMK 2-4-060:001, 2-4-029:028) Christopher J. Yuen Director Roy R. Takemoto Depury Director We have reviewed the subject deed and recommend that it be accepted by the Council inasmuch as the subject parcels have been reviewed and inspected and are in acceptable condition for dedication, and are in full compliance with the provisions of Ordinance No. 98-105 and Chapter 23 of the Hawaii County Code. The following provides background information on this dedication: • The Planning Department approved the Machado Acres subdivision as a Cluster Plan Development (SUB 3153, July 20, 1972). • The Cluster Plan Development allowed smaller lots than zoned since open space areas maintained the overall density permitted by the zoning. The subdivision was zoned RS -15, but the lots were 10,000 s.f. The subject properties were the open space areas. • The tentative approval for the subdivision required the open space areas to remain in private ownership (November 4, 1970). • In order to sever the open space from the Cluster Plan Development, the subdivision had to be rezoned to the actual density of the residential areas exclusive of the open space areas. Ordinance 98-105 rezoned Machado Acres residential areas from RS -15 to RS -10 and the subject open space areas from RS -15 to Open. • Condition B of Ordinance 98-105 requires Machado Acres Association to dedicate the subject parcels as park sites to the County. • As a prerequisite to dedication, Condition C of Ordinance 98-105 requires the Association to remove any encroachments and obstructions within the existing privately owned storm drainage easements meeting the approval of the Department of Public Works. This condition has been met. • The Department of Parks and Recreation affirmed that it would accept the park site in comments provided to the Planning Department during the rezoning process dated February 6, 1997. Please call me if you have any questions. P AWPWIN60ARoy 7ACorrespondence\Macha Jo Ar," doc DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII - DATE: August 7, 2002 TO: Ivan M. Torigoe, Deputy Corporation Counsel FROM: Dennis K. W. Lee, Director SUBJECT: MACHADO ACRES PARK SITE DEDICATION Machado Acres Association Reference Sub. Folder No.: 24344 TMKs: 2-4-29: 027 and 2-4-60: 001 Our Highway Maintenance Division has conducted a site investigation and confirms the portion of Drain Easement "B-4" (highlighted in purple) is clear of any encroachments and obstructions. Enclosed is a copy of their memo dated July 30, 2002. They also make note of the existing flow path from Drain Easement "B-1 " off of Ka Manelo Place into the future park site. Refer to the enclosed sketch. KG Enclosures c: ENG (w/o enclosures) HWY (w/o enclosures) Machado Acres Association (w/o enclosures) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 8, 2002 TO: Ivan Torigoe, Deputy Corporation Counsel FROM: Dennis K. W. Lee, Director SUBJECT: DEDICATION DEED - MACHADO ACRES PARK SITE Machado Acres Association Reference Sub. Folder No.: 24344 TMKs: 2-4-29: 027 and 2-4-60: 001 We have reviewed the subject deed, dated July 24, 2001, and recommend that it be accepted by the Council inasmuch as the park site has been inspected and found in acceptable condition for dedication and is in full compliance with the provisions of Chapter 23 of the Hawai'i County Code to the extent applicable. Questions may be referred to Kelly Gomes at ext. 8327. c: ENG / `/. ('-' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE 18081 961-8050 • FAX (808) 961-8657 September 13, 2001. TO: Mr. Lincoln S. T. Ashida, Corporation Counsel ATTENTION: MR. IVAN M. TORIGOE, DEPUTY CORPORATION COUNSEL FROM: Milton D. Pavao, Manager SUBJECT: DEDICATION DEED GRANTOR: MACHADO ACRES ASSOCIATION TAX MAP KEY: (3) 2-0-060:001 AND 2-4-029:028 We have reviewed the subject Dedication Deed document and recommend that it be accepted by the Council. Our water system is not within the subject drainage easements. We have no objections to the acceptability of this document as it is in compliance with the provisions of Chapter 23 of the Hawaii County Code as applicable. Should you require additional information, please call Mr. Ronaldo Aurelio of our staff at 961-8070, extension 258. RA:jh Enc. Sincerely yours, /ilton&Pavao, P. E. Manager ... Water gine-4 procgreai... uoJMtr ur ~,K�4 Pair'�.C� �G. Engelhard Y:I lIctor Harry Kim RE Mayor 2003 JUL 29 R6kP for Countp Of'Wailiai' [ DEPARTMENT OF PARKS AND RECREAT[O&OUIv 101 Pauahi Street, Suite 6 • Hilo, Hawai'i 96720 B'__ -- (808) 961-8311 • Fax (808) 961-8411 July 28, 2003 MEMORANDUM TO: Mr. Lincoln S. T. Ashida, Corporation Counsel Attention: Mr. Ivan M. Torigoe, Deputy C rporation Counsel FROM: Patricia G. Engelhard, Director SUBJECT: Dedication Deed Grantor: Machado Acres Association TMK: (3) 2-4-60:001, 2-4-09:028 We have reviewed the subject dedication deed document and have no objection to the acceptance with the understanding of the following conditions: 1) It will be the County's decision as to whether the park will be developed for passive or active use. In all likelihood it will be active. 2) It will not be improved for recreational use until resources are available to maintain it. Please call me or Park Planner James Komata if you have any questions.