HomeMy WebLinkAboutORD 1983-028 1980-1984J
BILL NO. 999
Draf—t--2T-
COUNTY
2
COUNTY OF HAWAII , STATE OF HAWAII
ORDINANCE N053 28,
AN ORDINANCE AMENDING SECTION 25-87 (THE NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
SINGLE FAMILY RESIDENTIAL (RS -7.5) AND SINGLE FAMILY
RESIDENTIAL (RS -15) AT PAHOEHOE 4TH, LAALOA 1ST AND 2ND AND
KAPALAALAEA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-7-08:PORTION OF 11.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, 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 Pahoehoe 4th, Laaloa lst and 2nd and
Kapalaalaea 1st, North Kona, Hawaii, shall be Single
Family Residential (RS -15):
(Parcel 1) Beginning at the northwest corner of this
parcel of land and on the southerly boundary of Grant 1749
to Kipapa, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"KAHELO", being 9,300.80 feet South and 6,150.06 feet
East, thence running by azimuths measured clockwise from
True South:
Following along Grant 1749 to Kipapa for the next forty
(40) courses:
1. 2690 27' 522.04 feet;
2.
2660
35'
539.00
feet;
3.
2660
43'
387.00
feet;
4.
2570
31'
38.12
feet;
5.
2660
48' 30"
29.87
feet;
6.
2590
09' 30"
54.14
feet;
7.
2540
50'
34.09
feet;
8.
2670
04'
21.77
feet;
9.
2380
03'
15.67
feet;
10.
2550
25'
30"
47.51
feet;
11.
2480
37'
30"
37.67
feet;
12.
2340
34'
30"
28.10
feet;
13.
2440
00'
30"
38.61
feet;
14.
2540
54'
57.51
feet;
15.
2440
56'
30"
22.55
feet;
16.
2410
51'
30"
93.17
feet;
17.
2540
52'
30"
72.40
feet;
18.
2360
16'
22.00
feet;
19.
2600
56'
29.13
feet;
20.
2500
07'
45.97
feet;
21.
2470
34'
30"
51.08
feet;
22.
2580
38'
23.32
feet;
23.
2420
O1'
30"
22.41
feet;
24.
2650
38'
30"
83.58
feet;
25.
2500
41'
48.22
feet;
26.
2480
29'
30"
97.62
feet;
27.
2770
57'
30"
17.86
feet;
28.
2460
42'
38.58
feet;
29.
2630
16'
50.46
feet;
30.
2410
21'
66.54
feet;
31.
2620
28'
30"
28.66
feet;
32.
2450
54'
30"
75.56
feet;
33.
2500
58'
30"
141.05
feet;
34.
2620
27'
30"
50.94
feet;
35.
2520
15'
19.88
feet;
36.
2680
56'
30"
21.03
feet;
37.
2600
45'
30"
84.70
feet;
38.
2460
46'
30"
28.96
feet;
39.
2510
50'
19.33
feet;
40.
2730
17'
40.88
feet;
-2-
41.
Thence along Kuakini
Highway on a curve to the right with
a radius of 5,689.58 feet,
the chord azimuth and
distance being:
3400 39' 26" 80.49 feet;
42.
710 03' 45"
10.00
feet along Kuakini Highway;
43.
Thence along same
on
a curve to the right with a radius
of 5,679.58 feet, the chord
azimuth and distance
being: 3420 03' 4511
198.25 feet;
44.
730 03' 45"
10.00
feet along Kuakini Highway;
45.
Thence along same
on
a curve to the right with a radius
of 5,669.58 feet, the chord
azimuth and distance
being: 3440 03' 45"
197.90 feet;
46.
2550 03' 45"
20.00
feet along Kuakini Highway;
47.
Thence along same
on
a curve to the right with a radius
of 5,689.58 feet, the chord
azimuth and distance
being: 3460 11' 15"
223.42 feet;
48.
770 18' 45"
15.00
feet along Kuakini Highway;
49.
Thence along same
on
a curve to
the right with a radius
of 5,674.58 feet, the chord
azimuth and distance
being: 3470 56' 15"
123.80 feet;
50.
2580 33' 45"
5.00
feet along Kuakini Highway;
51.
Thence along same
on
a curve to
the right with a radius
of 5,679.58 feet, the chord
azimuth and distance
being: 3490 54' 29"
266.74 feet;
52.
3510 15' 13"
464.04
feet along Kuakini Highway;
53.
740 08' 35"
1,006.18
feet along Grant 3019 to
Kaaipulu;
54.
680 51' 15"
486.61
feet along same;
55.
730 54' 40"
666.38
feet along same;
56.
610 34' 30"
348.77
feet along same;
57.
690 59' 10"
433.48
feet along same;
SO
58. Thence along the remainders of Land Commission Award
4452:2 to H. Kalama, Grant
1757 to Kanewa, Land
Commission Award 7716:4 to
R. Keelikolani and Grant
1748 to Kapahu on a curve
to the left with a radius
Of 7,050.00 feet, the chord
azimuth and distance being:
1620 35' 21.09"
1,999.64 feet;
59. 1540 26' 10" 18.62 feet along the remainder of
Grant 1748 to Kapahu to the
point of beginning and
containing an area of
112.844 Acres. (Refer to
Parcel 1 as shown on
Exhibit A.)
The district classification of the following area
situated at Pahoehoe 4th, Laaloa 1st and 2nd and Kapalaalaea
1st, North Kona, Hawaii, shall be Single Family Residential
(RS -7.5):
(Parcel 2) Beginning at the southwest corner of this parcel of
land, being also the southeast corner of Lot 34, White Sands
Beach Estates, Unit II (File Plan 1480), the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "KAHELO", being 11,636.37 feet South and
5,735.79 feet East, thence running by azimuths measured
clockwise from True South:
1.
1710
02'
1,145.94
feet along White Sands
Beach Estates, Unit II
(File Plan 1480);
2.
Thence
along Laaloa
Avenue on
a curve to the left with
a radius of 330.00 feet,
the chord azimuth and
distance being:
2100 36' 46" 161.89 feet;
3.
1960
24'
50"
96.40
feet along Laaloa Avenue;
4.
1060
24'
50"
229.44
feet along Laaloa Avenue
and along Lot 21, White
Sands Beach Estates,
Unit II (File Plan 1480);
5.
2160
25'
40"
39.74
feet along the remainder of
Land Commission Award
7716:4 to R. Keelikolani;
6.
2100
41'
40"
49.99
feet along same;
7.
1660
35'
15"
22.10
feet along same;
8.
2070
28'
30"
30.79
feet along same;
-4-
9.
2160
07'
20"
40.05
feet along
same;
10.
2070
08'
20"
50.51
feet along
same;
11.
2060
03'
40"
27.76
feet along
same;
12.
2130
55'
37.31
feet along
same;
13.
2080
46'
46.22
feet along
same;
14.
2250
28'
70.43
feet along
same;
15.
2210
34'
40"
55.49
feet along
same;
16.
2150
29'
.20"
87.32
feet along
same;
17.
2250
05'
22.73
feet along
same;
18.
2340
21'
40"
29.34
feet along
same;
19.
2260
23'
40"
48.05
feet along
the remainder of
Land Commission Award
7716:4 to R. Keelikolani
and along Princess
Keelikolani Drive;
20.
2330
45'
30"
55.04
feet along
White Sands
Beach Estates, Unit III
(File Plan
1102);
21.
2380
53'
30"
65.97
feet along
same;
22.
2430
02'
42.89
feet along
same;
23.
2340
54'
45"
81.51
feet along
same;
24.
2090
21'
45"
49.91
feet along
same;
25.
194"
02'
32.76
feet along
same;
26.
1790
09'
40"
37.19
feet along
same;
27.
1900
18'
30"
17.47
feet along
same;
28.
1750
10'
30"
53.25
feet along
same;
29.
1780
52'
13.05
feet along
Grant 1927 to
Kipapa;
30.
1710
57'
26.80
feet alono_
Grant 1927 to
Kipapa;
31.
3340
26'
10"
37.64
feet along
the remainder of
Grant 1748
to Kapahu;
-5-
32. Thence along the remainders of Grant 1748 to Kapahu, Land
Commission Award 7716:4 to
R. Keelikolani, Grant 1757
to Kanewa and Land
Commission Award 4452:2 to
H. Kalama on a curve to the
right with a radius of
6,950.00 feet, the chord
azimuth and distance
being: 3420 40' 35.5"
1,992.25 feet;
33. 3500 55' 01" 9.41 feet along the remainder of
Land Commssion Award 4452:2
to H. Kalama;
34. 540 10' 15" 214.14 feet along Grant 3019 to
Kaaipulu;
35. 700 11' 20" 455.64 feet along same;
36. 750 22' 40" 335.38 feet along same to the
point of beginning and
containing an area of
37.290 Acres. (Refer to
Parcel 2 as shown on
Exhibit A.)
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
These changes in district classifications are
conditioned upon the following: (A) the petitioner,
successors, or assigns shall comply with all of the stated
conditions of approval; (8) the Single Family
Residential -15,000 square foot (RS -15) zoned area shall be
developed in three increments. The first and second
increments shall each consist of a maximum of 37
contiguous acres, and the third, the remaining area. The
effective date of zoning for the subsequent increments
shall be after development has occurred in the previous
increment or combination of increments, as determined by
the Planning Director. "Development" means that building
permits have been issued for single family residential
dwelling units and construction has been partially
completed to the extent that roofs have been constructed
10
on a minimum of twenty-five percent of the number of units
proposed for the previous increment or combination of
increments within the RS -15 zoned lands. In lieu of
actual construction, the petitioner may enter into an
agreement with the Hawaii County Housing Agency to assure
the County that the dwellings will be constructed within a
given period. Such agreement shall be secured by a surety
bond, certified check, or other security acceptable to the
Hawaii County Housing Agency and the Corporation Counsel.
Upon final execution of such agreement and filing of the
security with the Hawaii County Housing Agency,
development of the subsequent increment(s) may proceed
prior to the actual construction of the dwellings in the
previous increment(s); (C) the Single Family
Residential -7,500 square foot (RS -7.5) zoned area shall be
developed in three increments. The first and second
increment shall each consist of a maximum of 12 contiguous
acres, and the third, the remaining area. The effective
date of zoning for the subsequent increment shall be after
"development," as defined in condition "B," has occurred
in the previous increment or combination of increments
within the RS -7.5 zoned lands; (D) subdivision plans for
the first increment of either the RS -15 or RS -7.5 zoned
lands shall be submitted within one year from the
effective date of the change of zone; (E) a 60 -foot wide
mauka-makai connecting road between Kuakini Highway and
Alii Drive meeting with the approval of the Department of
Public Works shall be constructed and completed prior to
receipt of final subdivision approval of any of the
proposed increments; (F) the Alii Highway right-of-way and
-7-
the associated easements within the property shall be
dedicated to the County within six months of the date of
final right-of-way determination by the Department of
Public Works; (G) the section of the Alii Highway within
the property shall be constructed in accordance with the
requirements of the Department of Public Works. The
improvements shall be constructed prior to issuance of
final subdivision approval of the second zoning increment
of either the RS -7.5 or the RS -15 zoned area, whichever
occurs later, or upon the determination by the County for
the construction of the roadway, whichever occurs first;
(H) all accesses, including intersection improvements,
from the Alii Highway shall meet with the approval of the
Department of Public Works; (I) all roadways within the
proposed development of the RS -7.5 zoned lands shall be
constructed with curbs, gutters and sidewalks and
underground utilities meeting with the approval of the
Department of Public Works. Underground utilities shall
also be required for the proposed development within the
RS -15 zoned lands; (J) improvements to the intersection of
Kuakini Highway shall be constructed meeting with the
approval of the State Department of Transportation,
Highways Division. The intersection improvement shall be
constructed concurrently with the construction of the
mauka-makai roadway; (K) a drainage system as required by
the Department of Public Works shall be installed; (L) the
method of sewage disposal including the provision of dry
sewer lines shall meet with the requirements of the
appropriate governmental agencies; (M) the three
SE
archaeological sites recommended by the consulting
archaeologist, including the Kuakini Wall, shall be set
aside for preservation, and a cultural resources
management plan shall be submitted for these sites. The
management plan shall include provisions for buffer areas,
structural setbacks and a maintenance program for the four
sites and shall be submitted to the Historic Sites Section
of the Department of Land and Natural Resources and the
Planning Department for review and comment. Approval of
the plan shall be secured from the Planning Director prior
to final subdivision approval of the first increment of
either the RS -7.5 or RS -15 zoned lands; (N) should any
unanticipated sites, including subsurface remains such as
burials or care shelters, be discovered during grading of
the property, work within the affected area shall cease.
The Planning Department shall be notified, and work shall
not resume within the affected area until the Planning
Director has approved the disposition of the site(s);
(0) the requirements of the Department of Water Supply be
complied with; and (P) 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 designation
may be initiated."
SECTION 2. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
-9-
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
Y�VLi�'�Vw
COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: September 21, 1983
Date of Adoption: October 5, 1983
Effective Date: October 13, 1983
-10-
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'ONING CODE
AMENDINS SECTION ->5-87 NORTH KOiVA ZONE MAtz)
ARTCLC S, Ct-1APTC--R 2S (ZONINS CODE) OF THC PIAWAII
COUNTY CODE, C3Y CHANSINS THE DISTRICT CLASSIFI-
CATION FROM UINPLANNeO (U) TO SINGLE FAM1l Y
RESIDENTIAL (RS -7-S) AND (RS -IS) AT PANOEHOE 4TH,
LAALOA IST 6� RS-7--S)
ANO KAPALAALAEA IST, NORTH
t'MNA, HAWAII.
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COVNT7 0� HAWAII
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UNPLANNED (U) TO
SINGLE FAMILY
i
RESIDENTIAL (RS -IS)
AREA = II2.844 ACS.
PARceL. -Z
UNPLANNED ('U) TO
SINGLE FAMILY
RESIDENTIAL (RS_75)a
I
AREA= 87.2x0 Acs -
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IENT TO THE
II" 3
'ONING CODE
AMENDINS SECTION ->5-87 NORTH KOiVA ZONE MAtz)
ARTCLC S, Ct-1APTC--R 2S (ZONINS CODE) OF THC PIAWAII
COUNTY CODE, C3Y CHANSINS THE DISTRICT CLASSIFI-
CATION FROM UINPLANNeO (U) TO SINGLE FAM1l Y
RESIDENTIAL (RS -7-S) AND (RS -IS) AT PANOEHOE 4TH,
LAALOA IST 6� RS-7--S)
ANO KAPALAALAEA IST, NORTH
t'MNA, HAWAII.
pREI�PRE= E37 KLAN NTNG 0BPAR-F C -NT
COVNT7 0� HAWAII
EXHIa)T '^'rvEvlS - moi, Iz)e39