HomeMy WebLinkAboutORD 1983-870 1980-1984-'~/_,
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BILL PdO. 922
(Draft 3)
COUNTY OF HAWAII - SPATE OF HAWAII
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ORDINANCE N0:
AN ORDINANCE AMENDING SECTION 7.02 (THE NORTH KONA ZONE MAP),
AND SECTION 7.04 (THE KAILUA URBAN ZONE MAP), ARTICLE 2,
CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
[4ULTIPLE FAMILY RESIDENTIAL (RM-4) AND (RM-7) AND FROM DOUBLE
FAMILY RESIDENTIAL (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL
(RM-4) AT WAIAHA 2ND AND KAHULUI 1ST, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-18:61 & 7-5-19:PORTION OF 5.
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 Ockk-1). The district classification of the
following area situated at Kahului 1st, North Kona,
Hawaii, shall be Multiple Family Residential (RM-7):
Beginning at the east corner of this parcel of land and on
the southwesterly side of Kuakini Highway, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "KAHELO", being 1,529.49 feet North
and 2,039.41 feet East, thence running by azimuths
measured clockwise from True South:
1. 71° 22' 29.43 feet along a stonewall
along Royal Patent 1669,
Land Commission Award
8516- B, Apana 3 to
M. Ka maikui;
2. 77° 30' 31.70 feet along same;
3. 90° 34' 60.00 feet along same;
4. 83° 03' 40.00 feet along same;
5. 76° 13' 63.30 feet along same;
6. 76° 30' 107.80 feet along same;
7. 84° 17' 62.20 feet along same;
8. 70° 17' 41.60 feet along same;
9. 73° 07' 24.00 feet along same;
10. 88° 13' 70.10 feet along same;
11. 90° 21' 82.70 feet along same;
12. 91° 40' 117.23 feet along same;
13. Thence along the remainder of Grant 1868 to Kaupena
(Proposed Alii Drive
Realignment) on a curve to
the right with a radius of
1,950.00 feet, the chord
azimuth and distance being:
210° 35' 55.5" 276.87 feet;
14. 214° 40' 11" 128.61 feet along the remainder of
Grant 1868 to Kaupena
(Proposed Alii Drive
Realignment);
15. Thence along same on a curve to the right with a
radius of 75.00 feet, the
chord azimuth and distance
being: 259° 40' 05.5"
106.06 feet;
16. 304° 40' 486.78 feet along Kuakini Highway
to the point of beginning
and containing an area of
3.380 Acres.
7.02 ~kk2). The district classification of the
following area situated at Kahului 1st, North Kona, Hawaii,
shall be Multiple Family Residential (RM-4):
Beginning at the northeast corner of this parcel of land and
on the southwesterly side of Kuakini Highway, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAHELO," being
2,265.39 feet North and 975.32 feet East, thence running by
azimuths measured clockwise from True South:
1. 304° 40' 556.99 feet along Kuakini Highway;
2. Thence along the remainder of Grant 1868 to Kaupena
(Proposed Alii Drive
Realignment) on a curve to
the right with a radius of
75.00 feet, the chord
azimuth and distance being:
349° 40' 05.5" 106.07 feet;
3. 34° 40' 11" 128.60 feet along the remainder of
Grant 1868 to Kaupena
(Proposed Alii Drive
Realignment);
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4. Thence along same on a curve to the left with a
radius of 2,050.00 feet,
the chord azimuth and
distance being:
29° 52' 33.5" 342.63 feet;
Thence along a stonewall al ong Royal Patent 1669, Land
Commission Award 8516-B,
Apana 3 to M. Kamaikui for
the next thirteen (13)
courses, the direct
azimuths and distances
being:
5. 95° 58' 266.05 feet;
6. 89° 59' 144.10 feet;
7. 44° 08' 13.60 feet;
8. 94° 32' 122.80 feet;
9. 91° 46' 122.40 feet;
10. 84° 39' 65.70 feet;
11. 79° 19' 97.00 feet;
12. 89° 15' 27.80 feet;
13. 97° 54' 19.60 feet;
14. 87° 14' 95.40 feet;
15. 84° 10' 95.20 feet;
16. 72° 27' 24.80 feet;
17. 128° 30' 58.06 feet;
18. 73° 20' 73.12 feet along Royal
Patent 8060, Land
Commission Award 10,373 to
Neniha;
19. 164° 55' 54.59 feet along Royal
Patent 3740, Land
Commission Award 7336 to
Kuapuu;
20. 151° 40' 122.27 feet along Royal
Patent 5225, Land
Commission Award 7086 to
Kalawa;
21. 161° 19' 15" 331.73 feet along Land Commission
Award 10,374, Apana 2 to
Nalawaia and along the
remainder of Grant 1868 to
Kaupena;
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22. 168° 13'
213.85 feet along same;
23. 248° 52' 181.76 feet along Grant 5327 to
Samuel Lifftee (portion of
Lot 10, Lots 12 and 14, and
a portion of Lot 16 of
Konalani Subdivision);
24. 260° 11' 252.90 feet along Grant 5327 to
Samuel Lifftee (portion of
Lot 16, Lots 18 and 20, and
a portion of Lot 22, of
Konalani Subdivision);
25. 254° 38' 216.80 feet along Grant 5327 to
Samuel Lifftee (portion of
Lot 22, Lots 24 and 26, and
a portion of Lot 28 of
Konalani Subdivision);
26. 246° 11' 144.70 feet along Grant 5327 to
Samuel Lifftee (portion of
Lot 28, Lot 30, and a
portion of Lot 32 of
Konalani Subdivision);
27. 273° 51' 94.10 feet along Grant 5327 to
Samuel Lifftee (portion of
Lot 32 of Konalani
Subdivision);
28. 316° 51' 83.22 feet along Grant 5327 to
Samuel Lifftee;
29. 305° 31' 84.53 feet along same;
30. 255° O1' 87.40 feet along same;
31. 267° 11' 124.81 feet along same to the
point of beginning and
containing an area of
26.229 Acres."
SECTION 2. Section 7.04, 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:
"7.04 ( as ). The district classification of the
following area situated at Waiaha 2nd, North Kona, Hawaii,
shall be Multiple Family Residential (RM-4):
Beginning at the east corner of this parcel of land and on
the southwesterly side of Kuakini Highway, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "KAHELO", being 2,265.39 feet North
and 975.32 feet East, thence running by azimuths measured
clockwise from True South:
-4-
1. 87° 11' 124.81 feet along Grant 1868 to
Kaupena;
2. 75° O1' 87.40 feet along same;
3. 125° 31' 84.53 feet along same;
4. 136° 51' 83.22 feet along same;
5. 245° 00' 27.84 feet along the remainder of
Grant 5327 to Samuel
Lifftee (portion of Lot 32
of Konalani Subdivision);
6. 303° 40' 30" 51.27 feet along Walua Road;
7. 272° 47' 129.98 feet along Walua Road;
8. Thence along the intersection of Walua Road and Kuakini
Highway on a curve to the
right with a radius of
200.00 feet, the chord
azimuth and distance being:
288° 43' 30" 109.86 feet;
9. 304° 40' 40.17 feet along Kuakini Highway
to the point of beginning
and containing an area of
0.411 Acre.
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 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
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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 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; (E) that plans for Plan
Approval, if applicable, shall be submitted within one (1)
year from the effective date of the change of zone;
(F) construction shall commence within one (1) year from the
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date of receipt of each respective final plan approval and
be completed within two (2) years thereafter; (G) 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; (H) 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, including Kuakini Highway intersection
improvements and left turn pockets for the property access
road meeting with the approval of the Chief Engineer, prior
to the issuance of any occupancy permits on the subject
property; (I) that the petitioner shall construct and
complete a connecting road between 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;
(J) that no direct access off the Kuakini Highway shall be
permitted; (K) 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 (L) 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."
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SECTION 3. In the event that any portion of this 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:
1 r
d
COUNCIL MEMBER, C Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
February 16, 1983
April 6, 1983
April 18, 1983
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AMENDMENT TC
HE ZONING CODE
AMENDMENT NO.63 TO SECTION 7.0~ (THE NORTH KONA ZONE MAP)
AND AMENDMENT NO. 27 TO SECTION 7.O~F (THE 1fAILUA URDAN
ZONE MAP) ARTICLE ~, CHAPTER 8 (ZONING CODE) OF THE
HAWAII COUNT? CODE, AS AMENbED, '87 CHANGING 'jHE DISTRICT
CLASSIFICATION FROM UNPLANNED (U) TO MULTIhLE FAMMILY
RESIDENTIAL fRM-4) AND (RM-7) AND FROM DOUI3LH FAMILY
RC-SIDEN"I'IAL (IFO-3.75) TO MULTIPLE FAMIL7' RESIDENTIAL (RM-4)
AT WAIAHA 2ND AND KAHULUI IST, NORTH KONA, HAWAII.
DATE OF PUBLIC HEARING ~ NOV. 23 ~ DEG-15,1982 PREPARCb Hy=
E7=FCCTIVE bATE = APR1L IB, 1°J 83 PLANNING ~>=PARTM
ORDINAN GE NUMSER = B70 COUNT? DF HAWAII
TMK=7-5-IS=61 >'~ 7-5-I°~=PORTIONS OF 5 ~ 40 DEG. 15, 1°-82
UN CANNED (U~
I,s25.4 °~ N
-a,oHvj.41 E
KAHaLa'p
SUBSECTION 7-OZ (kKk-
UNPLANNED (U) TO
MULTIPLE FAMILY
RESIDENTIAL (IQM-7)
AREA = 3.380 ACRES
U NPLANNCD ('Jj
~~ACII `I~_ REAt`1GNMENT
UNpLifiNNED (U) T'
MULTIPLE MIS:
RES1D NTIA (RI
AREA =x.6.22 AI
JNYLgNNE
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KAHU LUI
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Nora `
SC-E 01~pINANCE N0.970 PoR
METC-9 AND BOUNb9 DESCRiPTiONS
OF THE ABOVE ZONE CHANGES.
EXHIBIT "A'
Hilo, Hawaii
Date: February 16, 1983
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale
Kawahara X
X
Lai X
Schutte g
Ch r. Yamashiro X
8 0 1
Publication Date:
~._,.
Hilo, Hawaii
Date: April 6, 1983
SECOND & FINAL 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
7 0 2
Publication Date: MAY 1 1983
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
APPROVED as to
FOR and l.E~~S,13Y
' - -, -
Dafe --'--_ACJ1_.~..~!_~9~~-
v!~
oun it C rman
County C erk"
Approved/r~ae~this~dayr~~_'y "~I ~ ..~
~~ 19~ 3
Bill No. 9 ~ ,~'~''E~~
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/~~ Reference: PC-182/C-1081
a or, County of Hawai' M.B. No. __
Ord. No. M ~~