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HomeMy WebLinkAboutORD 1983-869 1980-1984BILL N0. 921 (DRAFT 3) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO~ - 8~9 AN ORDINANCE AMENDING SECTION 7.02 (THE NORTH KONA ZONE MAP), ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) AND (RM-7) AND TO NEIGHBORHOOD COMMERCIAL (CN-10) AT KAHULUI 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-19:PORTION OF 1. 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 new subsections, to read as follows: "7.02 (jjTl). The district classification of the following area situated at Kahului 2nd, North Kona, Hawaii, shall be Multiple Family Residential (RM-7): Beginning at the northwest corner of this parcel of land, on the east side of proposed Alii Highway right-of-way, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 1,443.31 feet North and 1,320.61 feet East and running by azimuths measured clockwise from True South: Following along a stone- wall, along the south boundary of Grant 1868 to Kaupena for the next thirteen (13) courses, the azimuths and distances between points being: 1. 271° 40' 117.12 feet; 2. 270° 21' 82.70 feet; 3. 268° 13' 70.10 feet; 4. 253° 07' 24.00 feet to a pipe, centerline wall; 5. 250° 17' 41.60 feet; 6. 264° 17' 62.20 feet; 7. 256° 30' 107.80 feet; 8. 256° 13' 63.30 feet; 9. 263° 03' 40.00 feet; 10. 270° 34' 60.00 feet; 11. 257° 30' 31.70 feet; 12. 251° 22' 30.21 feet to the west side of Kuakini Highway to a pipe in concrete; 13. 304° 40' 135.06 feet along the west side of Kuakini Highway to a pipe in concrete; 14. Thence following along the west side of Kuakini Highway, along a curve to the right having a radius of 2,142.70 feet, the chord azimuth and distance being: 304° 56' 15" 20.26 feet to a pipe in concrete; 15. 323° 00' 92.68 feet along Old Abandoned Kailua-Keauhou Road to a pipe in concrete; 16. 314° 30' 299.56 feet along Old Abandoned Kailua-Keauhou Road to a pipe in concrete; 17. 324° 00' 241.90 feet along Old Abandoned Kailua-Keauhou Road to a pipe in concrete; 18, 301° 15' 80.11 feet along Old Abandoned Kailua-Keauhou Road to a pipe in concrete; 19. Thence following along the west side of Kuakini Highway, along a curve to the right having a radius of 1,597.02 feet, the chord azimuth and distance being: 337° 15' 08" 395.98 feet to a nail in concrete; Thence following along stonewall on the north side Of R.P. 6716, L.C. Aw. 4887, Apana 2 to Thomas Sams for the next thirty- seven (37) courses, the azimuths and distances between points being: 20. 70° 29' 48.44 feet to a "+" on set stone; -2- 21. 86° 35' 15.75 feet to a nail in concrete; 22. 63° 38' 30" 23.66 feet to a "+" on set stone; 23. 65° 59' 38.90 feet to a "+" on set stone; 24. 54° 55' 25.37 feet to a "+" on set stone; 25. 65° 09' 34.78 feet to a "+" on set stone; 26. 59° 30' 39.84 feet to a "+" on set stone; 27. 87° 38' 15.05 feet to a pipe in concrete; 28. 71° 22' 29.12 feet to a "+" on set stone; 29. 62° 44' 37.39 feet to a "+" on set stone; 30. 72° 20' 97.00 feet to a "+" on set stone; 31. 58° 12' 36.56 feet to a pipe in concrete; 32. 70° 54' 30" 61.62 feet to a pipe in concrete; 33. 60° 16' 36.17 feet to a "+" on set stone; 34. 67° 49' 46.44 feet to a "+" on set stone; 35. 74° 45' 21.89 feet to a "+" on set stone; 36. 67° 26' 15.27 feet to a nail in concrete; 37. 73° 29' 55.11 feet to a "+" on set stone; 38. 66° 21' 81.63 feet to a pipe in concrete; 39. 72° 59' 89.15 feet to a nail in concrete; 40. 69° 56' 30" 45.51 feet to a "+" on set stone; 41. 66° 15' 77.74 feet to a pipe in concrete; 42. 60° 52' 26.78 feet to a "+" on set stone; 43. 63° 52' 30" 37.28 feet to a nail in concrete; 44. 64° 52' 24.91 feet to a "+" on set stone; 45. 55° 48' 19.41 feet to a nail in concrete; 46. 67° 49' 13.07 feet to a pipe in concrete; 47. 80° OS' 12.34 feet to a "+" on set stone; 48. 72° 17' 30" 78.42 feet to a nail in concrete; 49. 66° 11' 30.23 feet to a nail in concrete; 50. 62° 45' 42.95 feet to a "+" on set stone; -3- 51. 66° 00' 70.33 feet to a nail in concrete; 52. 73° 43' 30" 33.76 feet to a "+" on set stone; 53. 69° 55' 30" 101.23 feet to a nail in concrete; 54. 75° 18' 88.89 feet to a nail in concrete; 55. 70° 02' 16.70 feet to a "+" on set stone; 56. 76° 53' 30" 135.49 feet; 57. Thence along the east side of the proposed Alii Highway right-of-way, along a curve to the right having a radius of 1,950.00 feet, the chord azimuth and distance being: 167° 41' 37" 423.88 feet; 58. 263° 56' 310.00 feet along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui; 59. Thence along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui, along a curve to the rigk~t having a radius of 1,640.00 feet, the chord azimuth and distance being: 178° 48' 35" 278.82 feet; 60. 95° 26' 279.10 feet along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui; 61. Thence along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being: 49° 14' 21.5" 43.30 feet; 62. Thence along the east side of the proposed Alii Highway right-of-way, along a curve to the right having a radius of 1,950.00 feet, the chord azimuth and distance being: 194° 47' 13.45" 793.66 feet to the point of beginning and containing an area of 38.531 Acres. 7.02 (7]321. The district classification of the following area situated at Kahului 2nd, North Kona, Hawaii, shall be Neighborhood Commercial (CN-10): -4- Beginning at the southwest corner of this parcel of land, on the east side of the proposed Alii Highway right-of-way, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 366.25 feet North and 1,126.23 feet East and running by azimuths measured clockwise from True South: 1. Following along the east 2. Thence along the side of the proposed Alii Highway right-of-way, along a curve to the right having a radius of 1,950.00 feet, the chord azimuth and distance being: 178° 29' 21.5" 309.79 feet; remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 229° 14' 21.5" 43.30 feet; 3. 275° 26' 279.10 feet along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui; 4. Thence along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui along a curve to the left having a radius of 1,640.00 feet, the chord azimuth and distance being: 358° 48' 35" 278.82 feet; 5. 83° 56' 310.00 feet along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui to the point of beginning and containing an area of 2.203 Acres. 7.02 (jjj-3). The district classification of the following area situated at Kahului 2nd, North Kona, Hawaii, shall be Multiple Family Residential (RM-4): Beginning at a nail in concrete at the northwest corner of this parcel of land, on the east side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 1,234.40 feet North and 60.75 feet West and running by azimuths measured clockwise from True South: 1. 253° 22' 60.87 feet along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui to a pipe in concrete; -5- 2. 170° 26' 64.65 feet along the remainder of L.C. Aw. 8516-8, Apana 3 to M. Kamaikui to a pipe in concrete; 3. 266° 20' 153.00 feet along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui to a pipe in concrete; 4. 171° 30' 105.00 feet along the remainder of L.C. Aw. 8516-B, Apana 3 to M. Kamaikui to a pipe in concrete; Then ce fol lowing along a stonewall, along the south boundary of Grant 1868 to Kaupena for the next eleven (11) courses, the azimuths and distances between points being: 5. 252° 27' 24.80 feet; 6. 264° 10' 95.20 feet to a spike in solid rock 7. 267° 14' 95.40 feet; 8. 277° 54' 19.60 feet; 9. 269° 15' 27.80 feet; 10. 259° 19' 97.00 feet; 11. 264° 39' 65.70 feet to a pipe, centerline wall; 12. 271° 46' 122.40 feet; 13. 274° 32' 122.80 feet; 14. 224° 08' 13.60 feet to a pipe, centerline wall; 15. 269° 59' 144.10 feet; 16. 275° 58' 266.16 feet; 17. Thence along the west side of the proposed Alii Highway right-of-way, along a curve to the left having a radius of 2,050.00 feet, the chord azimuth and distance being: 7° 09' 01.3" 1,262.38 feet to a pipe in concrete; 18. 72° 30' 807.48 feet along Lot 1 to a pipe in concrete; -6- 19. Thence along Lot 1, along a curve to the left having a radius of 20.00 feet, the chord azimuth and distance being: 26° 30' 31.2" 28.77 feet to a pipe in concrete; 20. Thence along the east side of Alii Drive, along a curve to the right having a radius of 5,704.70 feet, the chord azimuth and distance being: 160° 38' 23.2" 24.37 feet; 21. 167° 45' 128.55 feet along the east side of Alii Drive to a pipe in concrete; 22. 163° 00' 508.01 feet along Abandoned Old Road to a pipe in concrete; 23. Thence along the east side of Alii Drive, along a curve to the right having a radius of 5,704.70 feet, the chord azimuth and distance being: 167° 37' 39.5" 94.06 feet to a pipe in concrete; 24. 168° 06' 556.16 feet along the east side of Alii Drive; 25. Thence along the east side of Alii Drive, along a curve to the left having a radius of 741.80 feet, the chord azimuth and distance being: 166° 22' 44.88 feet to the point of beginning and containing an area of 31.706 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. These subsections are conditioned upon the following: (A) that the petitioner, its successors or assigns shall be responsible for complying with all conditions of the change of zone; (B) that prior to the issuance of any further permits or approvals except those for grubbing the petitioner shall submit an overall site development plan for the approval of the Chief Engineer and the Planning Director. The site development plan -7- shall include the following: general alignment and right-of-way widths of all streets, the location and density of various land uses, maintenance of scenic vistas, the proposed treatment of archaeological sites, and the location and type of major landscaping elements. Subsequent development shall be consistent with the approved site development plan unless otherwise approved by the Planning Director. In lieu of this the petitioner may proceed through the Planned Unit Development (PUD) process; (C) that the zoning for the RM-4 area shall be on an incremental basis. Development shall be in two (2) or more increments with each increment to be not less than 10 acres nor to exceed 20 acres. The effective date of zoning for the second and any succeeding increments shall be after development has occurred in the prior increment. "Development" means that building permits have been issued for residential dwelling units and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent (25~) of the number of units proposed for the entire prior increment. The petitioner may enter into an agreement with the Hawaii County Housing Agency for a bond to 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 Hawaii County Housing Agency. Upon final execution of such agreement, development of the succeeding increments may proceed prior to the actual construction of the dwellings in the prior increment; (D) that the zoning for the RM-7 area above the Alii Highway alignment shall be on an incremental basis. -8- This area shall be developed in two (2) or more increments with any increment not to be less than 10 acres nor to exceed 20 acres. The effective date of zoning for the second and any succeeding increments shall be after development has occurred in the prior increment. "Development" means that building permits have been issued for residential dwelling units and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent (258) of the number of units proposed for the entire prior increment. The petitioner may enter into an agreement with the Hawaii County Housing Agency for a bond to 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 Hawaii Housing Agency. Upon final execution of such agreement, development of the second and succeeding increments may proceed prior to the actual construction of the dwellings in the prior increment; (E) that the neighborhood commercial zoning shall become effective at the same date as the second increment as stated in Condition D; (F) that plans for subdivision, if applicable, shall be submitted within one (1) year from the effective date of each respective zoning increment. Final subdivision plans shall be submitted within one (1) year from the date of tentative subdivision approval; (G) that plans for Plan Approval, if applicable, shall be submitted within one (1) year from the date of receipt of final subdivision approval; (H) construction shall commence within one (1) year from the date of receipt of each respective final plan approval and be -9- completed within two (2) years thereafter; (I) that the petitioner shall dedicate the Alii Highway right-of-way and the associated easements within the subject property to the County within six (6) months of the date of final right-of-way determination by the Chief Engineer; (J) that the petitioner, alone, or in cooperation with other property owners, shall construct and complete the portion of the Alii Highway from the Kuakini Highway to the Southern end of the subject property, meeting with the approval of the Chief Engineer, prior to the issuance of any occupancy permits on the subject property; (K) that the petitioner shall construct and complete a connecting road between the Alii Highway and Alii Drive, meeting with the approval of the Chief Engineer, prior to the issuance of any occupancy permits for those portions of the subject property makai of the Alii Highway; (L) that no direct access off the Kuakini Highway shall be permitted; (M) that the petitioner, alone, or in conjunction with other affected property owners and the County, shall construct and complete drainage improvements within the Waiaha flood plain including the replacement of the Kahului Bridge on Alii Drive prior to the issuance of any occupancy permits on the subject property. All improvements shall meet with the approval of the Chief Engineer; and (N) that all other applicable rules, regulations and requirements of the Department of Water Supply including those of the Department of Health shall be complied with. Should any of the foregoing conditions not be met the rezoning of the property to its original or more appropriate zoning designation may be initiated." -10- 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. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: r F-V~ ~~"' COUNCIL MEMBER, CO T OF HAWAII Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: February 16, 1983 April 6, 1983 April 18, 1983 -11- TRUE NORTH >cALE = 1 " = Soo' A -lo uNPt-ANNLO (U• A-la UNPLHNNEO ~U~ UNPLANNC-O (Uj UNPLANNED (U) TO MULTIPLE FAMILY< IQESI~ENTIAL (RM= AREA =38531 ACP UN PLANN EO ~UI UNPLANNED (U) TO NEIG1iBORHOOb COMMERCIAL (CN-10) AREA= ~ •203 ACRES `~ 1,443.31 N ~ '~ 1, 320.61 E y KAH ELO" p UNPLANNED ~U% urvrLANN EC ~Ul pRo i p~SEb AL I 1 UNPLANNED (U) TO% MULTIPLE FAMILY jRESIpENT1AL (RM-4) j iLGRFG a ~1 -finer GPRFS ~'" KAHULUI 8AY NOTE= SEE OR~INANGE NO.f36g FOR METES ANV HOUNDS fJC SCRIPT10N5 OF THE ABOVE ZONE CHANGC-:S. i~ i~ i' ~E~~ ~~GN ~~ RAP N~~~ UNPLANNC-D (U) E AMENDMENT T4 THE ZONING COPE AMENDMENT NO. 62 TO SECTION 7.0~. (THE NORTH 1<ONA 20NE MAP) ARTICLE ~, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, B'Y CHANGING THE D15TRICT' CLASSIFICATION PROM UNPLANNED (V) TO MULTII°LE FAMILY RESIDENTIAL (RM-4) ANb (RM-7) AND To NEIGHC3oRHOOD COMMERCIAL. (CN-10) AT KAHULUI 2ND, NORTH KONA, HAWAII. DATC CF f VF3LIC HEARING : NOV. ~3 ~ bEC_ IS, 1°J t32 EFFECT'IVH CATS = APRIL IH, 1°JSH oRAINANCE NUMB>=R = 86g PREPARE[ L3Y = PLANNING DL=F~ARTM'/NT coUNTT oP HAWA11 TMK : 7-5-1.~ = PoRTtoN of 1 JAN_ 3, 1°JB3 E)cl-I1131T 'iq" Hilo, Hawaii Date: February 16- 19R'i FIRST READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Ch r. Yamashiro X 8 0 1 Publication Date: Hilo, Hawaii Date: April 6, 1983 SECOND & FINAL READING AYES NOES A/E Dah 1be rg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Ch r. Yamashiro X L~ ~ 0 ? Publication Date: MAY 11983 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. /APPP'?i~~~ as to FQRh rnr! errr~t.lTY ~, ,., o . og1e --------APR _ 1 3 -1983---------•- i/%~""i~ un it C rman i~ County Clerc Approved/^~~ this~_~day~jbf'" ~ ~_;, ~ , ~~ :.. AMENDED Bill No. 921 (DRAFT 2) Reference: PC-181/C-1080 M.B. No. __ Ord. No.