The URL can be used to link to this page

Home My WebLink AboutORD 1981-666 1980-1984BILL NO. 7~S \~ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.02 (THE NORTH KONA ZONE MAP), ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS Al~FA~DEIJ, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT HOLUALOA 1ST AND 2ND, ~~ORTH KONA, HAWAII, COVERED HY TAX MAP KEY 766~°13:PORTION OF 11. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.02, Article 2, Chapter 8, (Zoning Code), of the Hawaii County Code, as amended, is further amended to add a new subsection, to read as follows: "7.02 (zz ). The district classification of the following area situated at Holualoa 1st and 2nd, North Kona, Hawaii, shall be Single Family Residential (RS-7.5): Beginning at the Southernmost corner of this parcel of land, being also the Westernmost corner of Grant 1855 to Leleo and on the Northeasterly side of an existing 50~ft. Road Reserve, the coordinates of said point of beginning referred to Govern- ment Survey Triangulation Station "KAHELO" being 4,459.69 f~:et South and 3,626.34 feet East and running by azimuths measured clockwise from True South: 1. 148° 08' 185.76 feet along the Northerly side of an existing 50-ft. Road Reserve to a point; 2. 239° 59' 1,382.74 feet along the remainder of Lot H of the Holualoa 1st and 2nd Hui Partition-Beach Section and along the remainder of Royal Patent 4475, Land Commission Award 7713, Agana 43 to Victoria Kamamalu to a point; 3. 341° 06' 154.80 feet along an existing 15-ft. Road Reserve to a point; 4. 334° 44' 30" 20.16 feet along an existing 15@ft. Road Reserve to a point; 5. 59° 59' 1,231.36 feet along Parcel 6 and along Grant 1855 to Leleo to a point; 6. 53° 08' 114.68 feet along Grant 1855 to Leleo to the point of beginning and containing an area of 5.400 Acres. All as outlined in red on the map attached hereto, marked 1~xhibit "A" and by reference made a part hereof. This subsection is conditioned upon the following: (A) that prior to development of this area, the petitioner or his authorized representative shall apply for and secure a Special Management Area (SMA) Use Permit from the Planning Commission; (B) that prior to the granting of final subdivision approval for the proposed development, there shall be legal and financial assurances, meeting with the approval of the Chief Engineer, and Corporation Counsel that the drainage improve-- ments®-as required herein-°-shall be completed within one (1) year of the date of receipt of final subdivision approval. These drainage improvements shall be designed to handle 100-year frequency flood waters, meeting with the approval of the Chief Engineer, and shall be installed following the Shimabukuro Master Plan on file with the Department of Public :7orks, except as may be modified to fulfill other statutes and/or regulations. These improvements shall extend from the mauka boundary of the subject property to the shoreline or to an area deemed acceptable by the Chief Engineer. In lieu of the above, the petitioner and/or his representative may initiate proceedings for the required drainage and related improvements by assessment pursuant to Chapter 16, Hawaii County Code and Chapter 67, HRS; provided that an agreement is executed prior to the issuance of final subdivision approval for the development between the petitioner and/or his repre~ sentative and the County of Hawaii through the Chief Engineer, Planning nirector, and Corporation Counsel with the following provisions: (1) an acceptable improvement district petition for the required drainage and related improvements is submitted -2- to the County Council for its appropriate action prior to the issuance of final subdivision approval; (2) an adequate and acceptable surety bond, certified check or other security acceptable to the Chief Engineer and approved by the Corporation Counsel in the sum equal to the estimated costs of the required improvements, including related land acquisition, design, and administrative costs shall be submitted to the County together with the improvement district proposal. The Chief Engineer shall determine the amount of the required security prior to the Planning Director's issuance of final subdivision approval of the proposed development; (3) in the event the improvement district proposal is rejected or not acted upon by the County Council prior to the issuance of final subdivision approval for the development or within one (1) year from the date of submittal, whichever is later, the County shall be empowered to use the bond or other security which accompanies this agreement to initiate and complete the required drainage improvements; (4) in the event the County Council accepts the improvement district proposal, the bond or other security shall be retained until the improvements are completed or other security to assure the completion of the required improvements is accepted by the Chief Engineer and approved by the Corporation Counsel; (5) the bond and other security may be adjusted, at the mutual agreement of both parties, to reflect a reduction of the estimated cost of improvements by the inclusion of other parties within the improvement district or an overestimate of the costs; provided, however, the County may increase the bond or other security prior to the issuance of a building permit and/or after the disposition of the improvement district proposal by the -3- County Council to reflect a more accurate cost estimate of the required improvements; and (6) that the agreement shall indemnify and hold the County forever harmless against loss from any and all future claims, actions, contributions, and any damages aris-~ ing from (a) any flooding on or adjacent to the subject area; and (b) any errors, omissions, or negligent acts of the appli~ cant, its officers, agents, employees, or subcontractors in connection with the construction of the flood drainage improve- ments; whichever may occur during the period between the granting of final subdivision approval and completion of the flood drainage improvements; (C) that a maximum of ninety®one (91) residential lots be allowed on the total land area of the affected parcel (22.9 acres); (D) that the petitioner or his authorized representative shall submit a subdivision plan and secure tentative approval within one (1) year from the effective date of the change of zone. The petitioner/representative shall also be responsible for securing final subdivision approval; (E) that access to the proposed subdivision shall meet with the approval of the Department of Public Works; (F) that the require- ments of the Department of Water Supply be complied with; (G) that curbs, gutters, and sidewalks be constructed within the proposed subdivision; and (H) that all other applicable rules, regulations, and requirements be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate zoning designation may b@ initiated." SFCZ'ION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall nOt affect the other parts of this ordinance. -4~ SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED EY: COUP3CII~ MEM}3E1~, CO i TY OF HAWAII Hilo, Hawaii Date of Introduction: January 20, 1981 Date of Adoption: February 4, 1981 Effective Date: February 10, 1981 5 -° } :. ' .' t .. F t ::..~ :..~. ;; F~ ' . r F,{. '.: •: r: r•r '• F F ; i~ ;. }, ~ 'f' F '' } - x ~.p i~+ k ..:. c.. .:: } F rFi rF: rF% f ~~llyy . ... Y,:f {~ ..: , -: _, l Ff ,. 3~4 .>( .. ~ppp~ ooaop. S } y k .;;r:. F.}:` v3„ W' YC°s: Y^~' .. xa F- f~'' _ r'°` ~[ ^*}!? ~+ ~ ~a ;`''~ F @ E"a': k ~ ,,,, . ';odk` r:./ : A't. { l' ~` ~' •n f ,.. '~ ,.,,. o-,,,t •` f ' ? "`? OY N"' > kk , ..3 '"' h Tr'~., ,,. 5 f'i .~'r,,?1`M~L Z`~.... TS~"e ^^N- ~_ .ai9 ~ ~,~r, x^~' k.... ~;°;: rR".w ~`:n °~, F N'_F•.:., Y'. i. ~'~' . :.~ '~~~...J f ". ~~ k ~ - f. ~.~F-'. ~"_ f"; - ss ~o ~ f _ w.S./^`% 4 Y .at ~ '. ~ } tn:k rr :.^k' }°°~` ;. coq ~ ".~ ~ ~. ~`'`.^ ~ }"", ~.r '•`2C•r"0~~, }^.2 Vii: f`;h ~ ~ ~ '~ ~ ... .. L• o ' - ... ry < : 9?°'' fw, cs .. £ r°°+ .r ., j}an x.;~ fi.,.. ^G'S: y: !:- k i r ,~a, a,., a ,S '~",., ~ `. ~ . tiw.. ,~,} ,,;.{.. ~ p.,, : M, ~ ~ Y,~ . -~' K r"'~" n ,... }''".-}a... } -: S Corr ~ "~ ~,,,s k F~ ~ y ~ ... ' rrx R" _ ^? ~ , ~ ~,V..s}. ~. k':'^'.. ~' $ ' - - 6+k~ ~'"S ry,Y $ ti} rvJ : t ~h Y.vi*'~ ~ ~~ : ~' ~,;± i`~` ~'^'~ .k`S. C -(. wk. j .~.~ ~~~ }~ -.... Hilo, Hawaii -~-- L GL LC: FIRST READING AYES NOES A/E Dahlberg X De Luz X ' Domingo X Fuji i X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 9 0 0 Hilo, Hawaii Date: Fahrnar~T a i a szi SECOND & FINAL READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 9 0 0 Publication Date: .1,~N ~ 5 1981 Publication Date: ~~° 15 19~3t We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~, .- ... ,. ~ , Approved/~.,.~d this ~~ day of °~ , 19T. t ~~ ~; i i 1 "" or,~ Co ty of Iiawaii l ~ i ~ 1 _.~ -- -- - ------- t: ~: ,_; r Date _._.:.._°-___-- Bill No. ~(Z~ Reference : C- 8/PC~ 1 M.B. No. Ord. No. ~~ ~, County Clerk