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Home My WebLink AboutORD 1979-416 1976-1980BILL NO. 41 9 RE`JISED) COUNTY OF HAWAI:: - STATE OF HAWAII ORDINANCE No. 416 AN ORDINANCE AMENDING SECTIOI! 7.06, THE NORTH AND SOUTH KC~HALA DISTRICTS ZONE MAP, ARTICLE :?, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDI~:D, RELATING TO THE CONDITIONS IMPOSED UPON THE SINGLE FAMILY RESIDIsNTIAL ZONE (RS-15) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY T11X MAP KEYS 6-2-01:10 AND 68. BE IT ORDAINED BY THE COUNCIL, OF THE COUNTY OF HAWAII: SECTION 1. Section 7.OG(n), Article 2, Chapter 8 of the Hawaii County Code, as amendf:d, is hereby further amended to read as follows: "7.06(n). The district classification of the following area situated at Ouli, South Koha:_a, Hawaii, shall be Single F~.mily Residential (RS-15): Beginning at the East corner of this parcel of land and or: the North side of Kawaihae Road, the coordinates of said point of beginning referred to Government Surve;t Triangulation Station "PUU F'A" being 13,903.67 feet North and 3,247.55 feet West, thence running by azimuths measured clockwise :rom True South: Along the North side of Kawaihae Road, on a curve to the left with a radius of 1940.00 feet, the azimuth and distance of the chord being: 1. 82° 00' 35" 455.33 feet; 2. 75° 16' 10" 2,234.30 feet along same; Thence along same, on a curve to the right with a radius of 1402.50 feet, the. azimuth and distance of the chord being: 3. 61° 24' 10" 299.63 feet; 4. 87° 32' 10" 436.04 feet along same; Thence along same, on a cur~~e to the left with a radius of 1940.00 feet, the azimuth and distance of the chord being: 5. 77° 38' 10" 667.03 feet; 6. 67° 44' 10" 351.41 feet along same; 7. 235° 47' S0" 2,984.E3 feet along the Government Lands of Pauahi and Momoualoa; 8. 283° 11' 20" 1,056.50 feet along the Government Land of Momoualoa; 9. 299° 30' 946.C2 feet along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to the point of beginning and contain- ing an Area of 57.495 Acres. "All as outlined in red on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof." [Section 1 of] "This ordinance shall take effect forthwith upon the conditions that: (A) the area be zoned in two (2) increments. The first increment shall ccnsist of thirty-eight (38) contiguous acres and the second, the remaining area. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permit issued for residential dwelling units and construction partially completed in the sense of having roofs on a minimum of twenty-five (25) percent of the units for the entire area of fifty-seven (57) acres. In lieu of the actual construction of the dwellings, the petitioner may enter into an agreement with the Planning Department which would bond and assure the County that the dwellings will be constructed within a given period. Such agreement shall meet with the approval of the Corporation Counsel and the Planning Director. In doing so, development of the second increment may proceed prior to the actual construction of the dwellings in the fir;.t increment; (B) the applicant [James R. Kuwaye,] Kamuela Development Corporation, or its authorized representative, shall submit. a subdivision plan for the first increment and secure tentative approval within one (1) year from the date of approval of the change of zone and also assun.e responsi- bility for securing final subdivision of the first incren.ent. The -2- applicant shall also be responsible for submitting and securing final subdivision approval of the :second increment; (C) the applicant be responsible to provide a water system in accordance with the County of Hawaii Department of Water Supp:Ly standards. The system shall be constructed and made available prior to sale of lots within the first increment; (D) the method of sewage disposal shall meet with the rules and regulations of the State of Hawaii Department of Health; (E) a maximum of three (3) road connections be made to the Kawaihae Road as approved by the Department of Public Works and the State Highway Engineer. Such road connections and traffic patterns shall be determined at the time of subdivision review of the first increment. [However, the access n~=_ar the curved portion of the Kawaihae Road (as indicated can the preliminary subdivision plan) between Lots 1 and 117 shall not be allowed.) Access to all lots shall be from the interior subdivision roads. No direct access shall be permitted from the :.ots onto Kawaihae Road; and IF) a minimum area of three (3) acres be set aside within the scbject area for park and recreation:cl purposes. The exact location shall be determined at the t_-me of subdivision approval of first increment. The park area shall be made available prior to granting tentative subdivision approval of the second increment. Said area shall be kept in private ownership and maintenance and the type of improvements sha?.1 include a minimum of lot grading and grass planting, meeting ':he approval of the Parks and Recreation Director. There shall also be adequate assurance, as determined by the Corporation Counsel, `or the maintenance of the private park by recorded covenant running with the land which sha=.1 include the following: (A) obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private park in the perpetuity; and (B) empower the County, through the Parks and Recreation Director, to enforce the covenants to maintain -3- the private park, authorizi:ig the performance of maintenance work by the County in the event .if failure by the subdividers,. purchasers, occupants or association in the subdivision to perform such work and permit the subjecting o,` the land and properties in t:he sub- division to a lien until thy: cost of work performed by tYie County has been reimbursed. IA payment in the sum of $25,000.00 be assessed for park and recreational p~xrposes at the time of submittal of subdivision plans for the second increment. Should any of the foregoing conditions not be met, rezoning of the propert} to its original zoning designation may be initiated. SECTION 2. Material to be repealed is bracketed. r:ew material is underscored. Iii printing this ordinance, the brackets, bracketed material and unde~•scoring need not be included. SECTION 3. Severabilit:y. I:E any provision of this ordinance or the application thereof t:o any person or circumstances is held invalid, such invalidity sh~cll not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or apF~lication, and to this end the provisions of this ordinance are declax•ed to be severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: `~~~.. COUNCIL MEMBER, COUNTY HAWAII Hilo, Hawaii Date of Introduction: February 2~, 1979 Date of Adoption: March 7, 1979 Effective Date: March 15, 1979 -4- applicant shall also be resF~onsible for submitting and securing final subdivision approval of the second increment; (C) the applicant be responsible to provide a water system in accordance with the County of Hawaii Department of Water Supply standards. The system shall be constructed and made available prior to sale of lots within the first increment; (D) the method of sewage disposal shall meet with the rules and regulations of the State of Hawaii Department of Health; (E) a maximum of two (2) road connnections be made to the Kawaihae Road. Such road connections and traffic patterns shall be determined at the time of subdivision review of the first increment. However, the access near the curved portion of the Kawaihae Road (as indicated on the preliminary subdivision plan) between Lots 1 and 117 shall not be allowed. Access to all lots shall be from the interior ;.ubdivision roads. No direct access shall be permitted from the lots onto Kawaihae Road; and (F) [a minimum area of three (3) acres be set aside within the subject area for park and recreational purposes. The exact location shall be determined at the time of subdivision approval of first increment. The park area sY~all be made available prior to granting tentative subdivision approval of the second increment. Said area shall be kept in Y~rivate ownership and maintenance and the type of improvements sh~~.ll include a minimum of lot grading and grass planting, meeting the approval of the Parks and Recreation Director. There shall also be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant rt:nning with the land which shall include the following: (A) obligate: the subdividers, purchasers, occupants or association in the subdivision to maintain the private park in the perpetuity; and (B) e:mpowe:r the County, through tYe Parks and Recreation Director, to enforce the covenants to maintain -3- Hilo, Hawaii Dafw. Fa}irn arv 27 1.979 FIRST READING AYES NOES A/E Dahlberg g Domingo X Fujll X Garcia X ICawahara X Lai X Sameshima X Tajiri X cnr.Yamashir X 6 0 3 Hilo, Hawaii n..•w. M~r..h ~ ~ a~4 SECOND i FINAL READING AYES NOES A/E Dahlberg X Domingo X Fulii X Garcia X Kawahara X wi X Sameshima X Tajiri X Cnr.Yamashir X 7 0 2 Publication Date: ~~ R ~ `~ ~,(~,7q - Publication Date: MAR ~ ~ ~q7q We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. I- - , 's ~7~~~,1,~. ~ ~~~ ~ i Council Chairman 1 Ccol ltd ~. ' County Clerk ' th;s_____~r/~__--.day of 19~.. Mayor, Counfy of Hawaii Bill No. 449 (Revised) Reference: C-1034/PC-67 M.B. No. -~ Ord. No. _