HomeMy WebLinkAboutORD 2002-131 2000-2002 COUNTY O~ HAW~I`I STATE O~ I-IA~AI`I
BILL NO. 268
ORDINANCE NO ~ ~ ~ ~
AN ORDINANCE AMENDING ORDINANCE NO. 97-99, WHICH AMENDED
ORDINANCE NOS. 84-23, 84-42, 88-4, 90-62, 91-96, 93-26, and 94-34, WHICH
RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE FAMILY
(RM-5) AND SINGLE-FAMILY RESIDENTIAL (RS-15) ZONED DISTRICT AT
HOLUALOA 1 and 2, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-6-21:4,
9-13, AND 15-17.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 97-99, which amended Ordinance Nos. 84-23, 84-42, 88-4,
90-62, 91-96, 93-26, and 94-34, is amended as follows:
"SECTION 1. Section 25-8-3, 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 Holualoa 1 and 2, North
Kona, Hawaii, shall be Multiple Family Residential (RM-5) and Single Family
Residential (RS-15).
(PARCEL 1)
Beginning at the northwest corner of this parcel of land and on the northeasterly side of
Kuakini Highway Realignment, Project No. 11A-03-69, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAILUA," being
9,193.71 feet South and 8,705.53 feet East, thence running by azimuths measured
clockwise from true South:
1. 240° 28' 30" 2,903.35 feet along the remainder of R.P. 4475,
L.C. Aw. 7713, Ap. 43 to Victoria Kamamalu;
2. 255° 18' 17.97 feet along same;
3. 311° 55' 219.92 feet along same;
4. 331 ° 14' 15" 143.36 feet along same;
Thence along Stream Lot 14 for the next thirteen (13) courses, the direct azimuths
and distances being:
5. 96° 54' 67.99 feet;
6. 112° 56' 86.79 feet;
7. 90° 55' 56.48 feet;
8. 69° 49' 76.70 feet;
9. 46° 39' 114.37 feet;
10. 51 ° 06' 83.31 feet;
11. 76° O1' 139.84 feet;
12. 51 ° 29' 175.76 feet;
13. 66° 32' 91.49 feet;
14. 44° 49' 170.06 feet;
15. 25° 59' 247.57 feet;
16. 37° 21' 124.60 feet;
17. 31 ° 20' 30" 825.56 feet;
Thence along Stream Lot 15 for the next ten (10) courses, the azimuths and
distances being:
18. 37° O1' 57.76 feet;
19. 66° 24' 138.13 feet;
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20. 44° O1' 114.46 feet;
21. 67° O1' 134.84 feet;
22. 102° 13' 107.13 feet;
23. 69° 30' 13997 feet;
24. 31 ° 40' 114.3 8 feet;
25. 88° 52' 64.54 feet;
26. 114° 04' 60.04 feet;
27. 77° 28' 132.01 feet;
28. 152° 18' 10" 95.72 feet along Kuakini Highway
Realignment Project No. 11A-03-69;
29. 139° 59' 30" 20.75 feet along same;
30. 99° 48' 30" 35.58 feet along same;
31. 154° 11' 597.05 feet along same to the point of
beginning and containing an area of
37.936 Acres. (Refer to Parcel 1
as shown on Exhibit A)
The district classification of the following area situated at Holualoa 1 and 2, North
Kona, Hawaii, shall be Multiple Family Residential (RM-S):
(PARCEL 2)
Beginning at the southeast corner of this parcel of land, being the northeast corner of
Stream Lot 15, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAILUA," being 9,565.90 feet South and 11,749.51 feet East,
thence running by azimuths measured clockwise from true South:
Along Stream Lot 15 for the next thirteen (13) courses, the direct azimuths and distances
being:
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1. 65° OS' 2.53 feet;
2. 98° 56' 151.87 feet;
3. 121 ° 57' 191.39 feet;
4. 95° 15' 205.20 feet;
5. 96° 50' 273.37 feet;
6. 74° 55' 132.84 feet;
7. 107° 39' 54.73 feet
8. 90° 53' 191.87 feet;
9. 129° 17' 96.53 feet;
10. 80° 07' 71.22 feet;
11. 53° 36' 104.76 feet;
12. 83° 27' 205.32 feet;
13. 84° 08' 104.72 feet;
Thence along Stream Lot 14 for the next thirteen (13) courses, the direct azimuths
and distances being:
14. 211 ° 20' 30" 763.45 feet;
15. 217° 21' 127.42 feet;
16. 205° 59' 243.59 feet;
17. 224° 49' 148.60 feet;
18. 246° 32' 87.91 feet;
19. 231 ° 29' 170.64 feet;
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20. 256° O1' 140.06 feet;
21. 231 ° 06' 98.89 feet;
22. 226° 39' 104.41 feet;
23. 249° 49' 53.22 feet;
24. 270° 55' 33.64 feet
25. 292° 56' 83.57 feet;
26. 276° 54' 90.29 feet;
27. 354° 02' 55.41 feet along the remainder
of R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu;
28. 21 ° 41' S0" 8.60 feet along same;
29. 359° 37' 20" 20.09 feet along same;
30. 5° 07' 20" 44.89 feet along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu
and along the remainder of R.P. 8217,
L.C. Aw. 3660 to John P. Munn;
31. 355° 00' 65.72 feet along the remainder of
R.P. 8217, L.C. Aw. 3660 to
John P. Munn and along the
remainder of R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu;
32. 3° OS' 265.06 feet along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu;
33. 77° 08' 20.55 feet along same;
34. 4° 39' 203.73 feet along same;
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35. 347° 02' 187.60 feet along same;
36. 337° 00' 679.20 feet along same to the point
of beginning and containing
an area of 30.901 Acres.
(Refer to Parcel 2 as shown
on Exhibit A).
The district classification of the following area situated at Holualoa 1 and 2, North
Kona, Hawaii, shall be Single Family Residential (RS-15):
(PARCEL 3)
Beginning at the southwest corner of this parcel of land and on the easterly side of
Kailua-Keauhou Middle Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAILUA," being 12,047.12 feet South and
11,089.83 feet East, thence running by azimuths measured clockwise from true South:
Along Kailua-Keauhou Middle Road for the next thirty-six (36) courses, the direct
azimuths and distances being:
1. 172° 54' 30" 186.38 feet;
2. 177° 19' 91.93 feet;
3. 167° 17' 30" 51.67 feet;
4. 185° 12' 69.99 feet;
5. 192° 52' 74.50 feet;
6. 173° 31' 30" 20.57 feet;
7. 161 ° 40' 30" 49.48 feet;
8. 141 ° 33' 41.74 feet;
9. 128° 06' 63.19 feet;
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10. 135° 52' 140.78 feet;
11. 124° 23' 30" 65.66 feet;
12. 113° 18' 37.19 feet;
13. 119° 09' 30" 50.14 feet;
14. 111° 13' 30" 24.45 feet;
15. 107° 15' 108.48 feet;
16. 102° 13' 70.44 feet;
17. 112° 58' 84.72 feet;
18. ll5° 15' 30" 178.23 feet;
19. 121 ° 06' 87.41 feet;
20. 111° 55' 32.57 feet;
21. 110° 49' 30" 55.63 feet;
22. 104° 37' 24.92 feet;
23. 104° 38' 30" 35.05 feet;
24. 102° 57' 30" 40.04 feet;
25. 112° 43' 30" 58.53 feet;
26. 102° 40' 32.94 feet;
27. 95° 37' 30" 32.48 feet;
28. 104° 23' 85.44 feet;
29. 91 ° 43' 44.66 feet;
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30. 99° 18' 30" 25.27 feet;
31. 112° 14' 66.03 feet;
32. 117° 51' 30" 31.69 feet;
33. 125° 07' 43.90 feet;
34. 134° 37' 30" 40.62 feet;
35. 134° 37' 30" 41.48 feet;
36. 134° 00' 30" 47.64 feet;
37. 154° 11' 400.86 feet along Kuakini Highway Realignment,
Project No. 11A-03-69;
38. 240° 28' 30" 1,332.99 feet along the remainder of R.P. 4475,
L.C. Aw. 7713, Ap. 43 to Victoria
Kamamalu (Lot 4);
39. 150° 28' 30" 337.56 feet along same;
Thence along Stream Lot 15 for the next ten (10) courses, the direct azimuths and
distances being:
40. 233° 36' 91.73 feet;
41. 260° 07' 29.64 feet;
42. 309° 17' 89.97 feet;
43. 270° 53' 203.93 feet;
44. 286° 30' 113.50 feet;
45. 267° 11' 352.71 feet;
46. 275° 15' 185.94 feet;
47. 301° 57' 189.37 feet;
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48. 278° 56' 182.35 feet;
49. 245° OS' 10.28 feet;
50. 345° 30' 902.50 feet along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu
and along the remainder of
Grant 3630 to W.H. Cornwell;
51. 334° 30' 969.30 feet along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu;
52. 2° 00' 537.04 feet along same;
53. 86° 51' 30" 120.73 feet along Grant 988 to Kamalo;
54. 93° 48' 45.22 feet along same;
55. 84° 14' 106.16 feet along same;
56. 104° 06' 30" 41.60 feet along same;
57. 77° 41' 30" 76.19 feet along Grant 988 to Kamalo
and along Grant 1591 to Hoolawaihonua;
Thence along Grant 1591 to Hoolawaihonua for the next nine (9) courses, the
direct azimuths and distances being;
58. 82° 34' 126.79 feet;
59. 142° 51' 32.82 feet;
60. 81 ° 37' 106.15 feet;
61. 67° 57' 30" 30.29 feet;
62. 83° 03' 30" 258.61 feet;
63. 72° 49' 30" 90.07 feet;
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64. 84° 37' 30" 76.23 feet;
65. 78° 08' 62.37 feet;
66. 82° 02' 30" 157.05 feet to the point of beginning
and containing an area of
103.293 Acres. (Refer to Parcel 3
as shown on Exhibit A)
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. These changes in district classification are conditioned upon the
following:
(A) the zoning for the property shall be effective only after: (1) there are assurances
satisfactory to the Departments of Water Supply and Planning, upon consultation
with the State Department of Health, and the Division of Water and Land
Development of the State Department of Land and Natural Resources, that a water
source of sufficient quality and quantity has been established within two years
from the effective date of this ordinance; provided that a maximum one-year
extension to the two-year time limit may be granted by the Planning Director with
reasonable and sufficient justification; and (2) an agreement, accompanied by an
appropriate surety bond or other acceptable security, is executed with the
Department of Water Supply for the actual development of a proven water source
and its water transmission and distribution system within one year from the
official date of compliance with condition A (1); provided that aone-year
extension to the one-year time limit may be granted by the Planning Director with
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reasonable and sufficient justification; or (3) the Department of Water Supply
issues a water commitment for the proposed development;
(B) no subdivision or development of any portion of the land shall occur unless and
until condition A has been complied with;
(C) the Planning Director shall be mandated to initiate action for the repeal of this
ordinance if conditions A or B have not been complied with;
(D) the petitioner, its assigns of successors, shall be responsible for complying with
all conditions of approval;
(E) the zoning for the 49+ acres designated by the State Land Use Commission as its
second zoning increment shall not become effective until that land is certified by
that commission to be within the Urban District;
(F) the RS zoned area shall be developed in two increments. The first increment shall
consist of a maximum of 59.5+ contiguous acres, and the second, the remaining
area. The effective date of zoning for the second increment shall be after
development has occurred in the first increment, as determined by the Planning
Director. "Development" means the applicant has completed the on-site and
off-site improvements within the first increment of the RS zoned area and has
dedicated the roadway to the County;
(G) subdivision plans for the first increment of the RS zoned area shall be submitted
within one year from the effective date of the zoning. Final subdivision approval
shall be secured within two years from the effective date of this amendment;
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(H) the RM zoned area shall be developed in two increments. The first increment
shall consist of a maximum of 42 acres of the Multiple Family Residential zoned
land and the second increment, the remaining area. The effective date of zoning
for the second increment shall be after the applicant has completed the on-site and
off-site improvements of the first increment of the RM zoned area and has
dedicated the improvements to the County;
(I) plans for the development within the first increment of the RM zoned area shall be
submitted to the Planning Department and final plan approval secured within five
years from the effective date of this sixth amendment. Construction shall
commence within one year from the date of receipt of final plan approval and be
completed within three years thereafter;
(J) 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;
(K) housing opportunities for Hawaii residents shall be provided in accordance with
the condition imposed by the State Land Use Commission. The number of units
and manner in which they are to be provided shall meet with the approval of the
Hawaii County Housing Agency;
(L) improvements to the intersections with Kuakini Highway and the Kuakini
Highway Extension shall be constructed meeting with the approval of the State
Department of Transportation, Highways Division. The intersection
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improvements shall be constructed concurrently with the development of the first
increment of the RS or RM zoned areas, whichever occurs first;
(M) no direct access shall be provided for the lots within the RS zoned area from the
mauka-makai collector road;
(N) the roadways and stubout within the RM zoned area shall be constructed to
dedicable standards with curbs, gutters, and sidewalks meeting with the approval
of the Department of Public Works and shall be dedicated to the County of
Hawaii upon completion. Where a roadway crosses a zone line or if a zone line
should divide a roadway, the curbs, gutters, and sidewalks shall be provided for
the entire right-of--the-way and shall continue to the nearest intersection in order to
avoid telescoping and to provide consistent improvement;
(O) at a minimum, roadways and stubouts within the RS zoned area shall be provided
with paved shoulders and paved swales meeting with the approval of the
Department of Public Works and shall be dedicated to the County of Hawaii upon
completion;
(P) the method of sewage disposal shall meet with the approval of the appropriate
governmental agencies;
(Q) a drainage master plan shall be submitted to the Department of Public Works for
review and approval prior to issuance of any subdivision or plan approvals. The
plan shall include, as a minimum, hydrological and hydraulic calculations for all
components of the drainage system, a construction timetable for all elements of
the system, and an analysis of downstream impacts. Further, mitigating measures
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as approved by the Department of Public Works shall be taken to eliminate any
downstream impacts;
(R) an intensive archaeological survey shall be conducted for the entire property and a
report shall be submitted to the Planning Department prior to issuance of any
subdivision or plan approvals;
(S) should any unanticipated archaeological sites be found during land preparation
activities, work shall immediately stop and the Planning Department notified.
Work shall not resume in the affected area until clearance is given by the Planning
Department;
(T) prior to the Final Approval of the second increment, the applicant, its successors
of assigns shall pay for any additional real property taxes owed for the new
residential assessed value of the subject property which was previously taxed at
the agricultural rate; and
(U) 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;
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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
initiate rezoning of the area to its original or more appropriate
designation."
SECTION 2. Material to be deleted is bracketed. New material is underscored.
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:
C CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 8, 2002
Date of 1st Reading: November 8 , 2002
Date of 2nd Reading: November 20 , 2002
Effective Date: Noveember 27, 2002
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OFFICE OF THE COUNTY CLERK
County of Hawaii
H i 10 ,Hawaii
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd f ~ AYES -~(QES - ABS EX
Date Introduced: November 8, 2002 Arakaki X
First Reading: November 8, 2002 Chung X
Published: N/A Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
9 0 0 0
Second Reading: November 20, 2002 ROLL CALL VOTE
To Mayor: NnVPm es 25-, 2002 AYES NOES ABS EX
Returned: November 2 9, 2 0 0 2 Arakaki X
Effective: November ~'7_, 2 0 0 2 Chung X
Published: De C emb e r 10 , 2 0 0 2 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
7 0 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
C CIL CHAIRMAN
~ /
~i".G%" 21 ,.vil~.~[..~-:::lam
DEP TY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date ~~ti~~'~ti~t~~, l C-, 2-c~ C~ z.~
268
Bill No.:
C-768/PC-105
Approve Disapproved this a-~ ~ day Reference:
Ord No.: ~
of o Y 2 , 20 0
YOR, ~TY OF HAWAII