HomeMy WebLinkAboutORD 1984-023 1984-1988BILL NO. 1075
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. 84 23
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO MULTIPLE FAMILY (RM-5)
AND SINGLE FAMILY RESIDENTIAL (RS-15) AT HOLUALOA 1 AND 2, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-6-21:4, 9-13, AND 15-17.
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 Holualoa 1 and 2, North Kona, Hawaii, shall be Multiple
Family Residential (RM-5):
(PARCEL 1)
Beginning at the northwest corner of this parcel of land and on
the northeasterly side of Kuakini Highway Realignment, Project
No. 11A-03-69, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "KAILUA,"
being 9,193.71 feet South and 8,705.53 feet East, thence running
by azimuths measured clockwise from true South:
1. 240° 28' 30" 2,903.35 feet along the remainder
of R.P. 4475, L.C. Aw.
7713, Ap. 43 to Victoria
Kamamalu;
2. 2550 18' 17.97 feet along same;
3. 311° 55' 219.92 feet along same;
4. 331° 14' 15" 143.36 feet along same;
Thence along Stream Lot 14 for the next thirteen (13) courses,
the direct azimuths and distances being :
5. 960 54' 67.99 feet;
6. 1120 56' 86.79 feet;
7. 900 55' 56.48 feet;
8. 690 49' 76.70 feet;
9. 460 39' 114.37 feet;
10. 510 06' 83.31 feet;
11. 760 O1' 139.84 feet;
12. 510 29' 175.76 feet;
13. 660 32' 91.49 feet;
14. 440 49' 170.06 feet;
15. 250 59' 247.57 feet;
16. 370 21' 124.60 feet;
17. 310 20' 30" 825.56 feet;
Thence alo ng Stream Lot 15 for the next ten (10) courses, the
azi muths and distances being:
18. 370 O1' 57.76 feet;
19. 660 24' 138.13 feet;
20. 440 O1' 114.46 feet;
21. 670 O1' 134.84 feet;
22. 1020 13' 107.13 feet;
23. 690 30' 139.97 feet;
24. 310 40' 114.38 feet;
25. 880 52' 64.54 feet;
26. 1140 04' 60.04 feet;
27. 770 28' 132.01 feet;
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28. 1520 18' 10" 95.72 feet along Kuakini
Highway Realignment
Project No. 11A-03-69;
29. 1390 59' 30" 20.75 feet along same;
30. 990 48' 30" 35.58 feet along same;
31. 1540 13' 597.05 feet along same to the
point of beginning and
containing, an area of
37.936 Acres. (Refer to
Parcel 1 as shown on
Exhibit A)
The district classification of the following area situated
at Holualoa 1 and 2, North Kona, Hawaii, shall be Multiple
Family Residential (RM-5):
(PARCEL 2)
Beginning at the southeast corner of this parcel of land, being
the northeast corner of Stream Lot 15, the coordinates of said
point of beginning referred to Government Survey Triangulation
Station "KAILUA," being 9,565.90 feet South and 11,749.51 feet
East, thence running by azimuths measured clockwise from true
South:
Along Stream Lot 15 for the next thirt
direct azimuths and distances being:
1. 650 OS' 2.53
2. 980 56' 151.87
3. 1210 57' 191.39
4. 950 15' 205.20
5. 96° 50' 273.37
6. 740 55' 132.84
7. 1070 39' 54.73
8. 900 53' 191.87
9. 1290 17' 96.53
10. 800 07' 71.22
=_en (13) courses, the
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
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11. 53° 36' 104.76 feet;
12. 830 27' 205.32 feet;
13. 840 08' 104.72 feet;
Then ce along Stream Lot 14 for the next thirteen (13) courses,
the direct azimuths and distances being :
14. 211° 20' 30" 763.45 feet;
15. 2170 21' 127.42 feet;
16. 205° 59' 243.59 feet;
17. 2240 49' 148.60 feet;
18. 2460 32' 87.91 feet;
19. 2310 29' 170.64 feet;
20. 2560 O1' 140.06 feet;
21. 2310 06' 96.89 feet;
22. 2260 39' 104.41 feet;
23. 2490 49' 53.22 feet;
24. 270° 55' 33.64 feet;
25. 2920 56' 83.57 feet;
26. 276° 54' 90.29 feet;
27. 3540 02' 55.41 feet along the remainder
of R.P. 4475, L.C. Aw.
7713, Ap. 43 to Victoria
Kamamalu;
28. 210 41' S0" 8.60 feet along same;
29. 3590 37' 20" 20.09 feet along same;
30. 50 07' 20" 44.89 feet along the remainder
of R.P. 4475, L.C. Aw.
7713, Ap. 43 to Victoria
Kamamalu and along the
remainder of R.P. 8217,
L.C. Aw. 3660 to John P.
Munn;
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31. 3550 00' 65.72 feet along the remainder
of R.P. 8217, L.C. Aw.
3660 to John P. Munn and
along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria
Kamamalu;
32. 30 05' ~~ 265.06 feet along the remainder
of R.P. 4475, L.C. Aw.
7713, Ap. 43 to Victoria
Kamamalu;
33. 770 08' 20.55 feet along same;
34. 40 39' 203.73 feet along same;
35. 3470 02' 187.60 feet along same;
36. 3370 00' 679.20 feet along same to the
point of beginning and
containing an area of
30.901 Acres. (Refer to
Parcel 2 as shown on
Exhibit A)
The district classification of the following area situated
at Holualoa 1 and 2, North Kona, Hawaii, shall be Single Family
Residential (RS-15):
(PARCEL 3)
Beginning at the southwest corner of this parcel of land and on
the easterly side of Kailua-Keauhou Middle Road, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "KAILUA," being 12,047.12 feet South and
11,089.83 feet East, thence running by azimuths measured
clockwise from true South:
Along Kailua-Keauhou Middle Road for the next thirty-six (36)
courses, the direct azimuths and distances being:
1. 1720 54' 30" 186.38 feet;
2. 1770 19' 91.93 feet;
3. 1670 17' 30" 51.67 feet;
4. 1850 12' 69.99 feet;
5. 1920 52' 74.50 feet;
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6. 173° 31' 30" 20.57 feet;
7. 161° 40' 30" 49.48 feet;
8. 141° 33' 41.74 feet;
9. 128° 06' 63.19 feet;
10. 135° 52' 140.78 feet;
11. 124° 23' 30" 65.66 feet;
12. 113° 18' 37.19 feet;
13. 119° 09' 30" 50.14 feet;
14. 111° 13' 30" 24.45 feet;
15. 107° 15' 108.48 feet;
16. 102° 13' 70.44 feet;
17. 112° 58' 84.72 feet;
18. 115° 15' 30" 178.23 feet;
19. 121° 06' 87.41 feet;
20. 111° 55' 32.57 feet;
21. 110° 49' 30" 55.63 feet;
22. 104° 37' 24.92 feet;
23. 104° 38' 30" 35.05 feet;
24. 102° 57' 30" 40.04 feet;
25. 112° 43' 30" 58.53 feet;
26. 102° 40' 32.99 feet;
27. 95° 37' 30" 32.48 feet;
28. 104° 23' 85.44 feet;
29. 91° 43' 44.66 feet;
30. 99° 18' 30" 25.27 feet;
31. 112° 14' 66.03 feet;
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32. 1170 51' 30" 31.69 feet;
33. 1250 07' 43.90 feet;
34. 1340 37' 30" 40.62 feet;
35. 134° 37' 30" 41.48 feet;
36. 134° 00' 30" 47.64 feet;
37. 154° 11' 400.86 feet along Kuakini
Highway Realignment,
Project No. 11A-03-69.
38. 2400 28' 30" 1,332.99 feet along the remainder
of R.P. 4475, L.C. Aw.
7713, Ap. 43 to Victoria
Kamamalu (Lot 4);
39. 150° 28' 30" 337.56 feet along same;
Then ce along Stream Lot 15 for the next ten (10) courses, the
dire ct azimu ths and distances being:
40. 2330 36' 91.73 feet;
41. 260° 07' 29.64 feet;
42. 309° 17' 89.97 feet;
43. 270° 53' 203.93 feet;
44. 2860 30' 113.50 feet;
45. 267° 11' 352.71 feet;
46. 2750 15' 185.94 feet;
47. 3010 57' 189.37 feet;
48. 278° 56' 182.35 feet;
49. 2450 OS' 10.28 feet;
50. 3450 30' 902.50 feet along the remainder
of R.P. 4475, L.C. Aw.
7713, Ap. 43 to Victoria
Kamamalu and along the
remainder of Grant 3630
to W. H. Cornwell;
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51. 3340 30' 969.30 feet along the remainder
of R.P. 44 75, L.C. Aw.
7713, Ap. 43 to Victoria
Kamamalu;
52. 20 00' 537.04 feet along same;
53. 860 51' 30" 120.73 feet along Grant 988 to
~• Kamalo;
54. 930 48' 45.22 feet along same;
55. 840 14' 106.16 feet along same;
56. 1040 06' 30" 41.60 feet along same;
57. 770 41' 30" 76.19 feet along Grant 988 to
Kamalo and along Grant
1591 to Ho olawaihonua;
Then ce along Grant 1591 to Hoolawaihonua for the next nine (9)
cour ses, the direct azimuths and distances being:
58. 820 34' 126.79 feet;
59. 1420 51' 32.82 feet;
60. 810 37' 106.15 feet;
61. 670 57' 30" 30.29 feet;
62. 830 03' 30" 258.61 feet;
63. 720 49' 30" 90.07 feet;
64. 840 37' 30" 76.23 feet;
65. 780 08' 62.37 feet;
66. 820 02' 30" 157.05 feet to the point of
beginning and containing
an area of 103.293
Acres. (Refer to Parcel
3 as shown on Exhibit A)
All as shown on the map attached hereto, marked Exhibit "A"
and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following:
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(A) The zoning for the property shall be effective only after:
(1) there are assurances satisfactory to the Departments of
Water Supply and Planning, upon consultation with the State
Department of Health, and the Division of Water and Land
Development of the State Department of Land and Natural
Resources, that a water source of sufficient quality and
quantity has been established within two years from the
effective date of this ordinance; provided that a maximum
one-year extension to~the two-year time limit may be granted by
the Planning Director with reasonable and sufficient
justification; and (2) an agreement, accompanied by an
appropriate surety bond or other acceptable security, is
executed with the Department of water Supply for the actual
development of a proven water source and its water transmission
and distribution system within one year from the official date
of compliance with condition A(1); provided that a one-year
extension to the one-year time limit may be granted by the
Planning Director with reasonable and sufficient justification;
or (3) the Department of Water Supply issues a water commitment
for the proposed development;
(B) No subdivision or development of any portion of the land shall
occur unless and until condition A has been complied with;
(C) The Planning Director shall be mandated to initiate action for
the repeal of this ordinance if conditions A or B have not been
complied with;
(D) The petitioner, its assigns or successors, shall be responsible
for complying with all conditions of approval;
(E) The zoning for the 49+ acres designated by the State Land Use
Commission as its second zoning increment shall not become
effective until that land is certified by that commission to be
within the Urban District;
(F) The RS zoned area shall be developed in two increments. The
first increment shall consist of a maximum of 59.5+ contiguous
acres, and the second, the remaining area. The effective date
of zoning for the second increment shall be after development
has occurred in the first increment, as determined by the
Planning Director. "Development" means that building permits
have been issued for dwelling units and construction has been
partially completed to the extent that roofs have been
constructed on a minimum of twenty-five percent of the number of
units proposed for the entire area of 103.4+ acres. 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 Corporation Counsel and the Hawaii
County Housing Agency. Upon final execution of such agreement
and filing of the security with the Hawaii County Housing
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Agency, the zoning of the second increment may be deemed by the
Planning Director to be effective prior to the actual
construction of the dwellings in the first increment provided
that condition E is complied with;
(G) Subdivision plans for the first increment of the RS zoned area
shall be submitted within one year from the effective date of
the zoning. Final subdivision approval shall be secured within
one year from the date of receipt of tentative subdivision
approval;
(H) The RM zoned area shall be developed in two increments. The
first increment shall consist of a maximum of 42 acres of the
Multiple Family Residential zoned land and the second increment,
the remaining area. The effective date of zoning for the second
increment shall be after "development," as defined in
condition F, has occurred in the first increment, as determined
by the Planning Director;
(I) Plans for the development within the first increment of the RM
zoned area shall be submitted to the Planning Department and
final plan approval secured within one year from the effective
date of the zoning. Construction shall commence within one year
from the date of receipt of final plan approval and be completed
within three years thereafter;
(J) Housing opportunities for Hawaii residents shall be provided in
accordance with the condition imposed by the State Land Use
Commission. The number of units and manner in which they are to
be provided shall meet with the approval of the Hawaii County
Housing Agency;
(K) Improvements to the intersections with Kuakini Highway and the
Kuakini Highway Extension shall be constructed meeting with the
approval of the State Department of Transportation, Highways
Division. The intersection improvements shall be constructed
concurrently with the development of the first increment of the
RS or RM zoned areas, whichever occurs first;
(L) No direct access shall be provided for the lots within the RS
zoned area from the mauka-makai collector road;
(M) The roadways within the RM zoned area which are proposed for
dedication shall be constructed to dedicable standards with
curbs, gutters, and sidewalks meeting with the approval of the
Department of Public Works. Where a roadway crosses a zone line
or if a zone line should divide a roadway, the curbs, gutters,
and sidewalks shall be provided for the entire right-of-way and
shall continue to the nearest intersection in order to avoid
telescoping and to provide consistent improvement;
(N) At a minimum, roadways within the RS zoned area shall be
provided with paved shoulders and paved swales meeting with the
approval of the Department of Public Works;
-10-
(O) The method of sewage disposal shall meet with the approval of
the appropriate governmental agencies;
(P) A drainage master plan shall be submitted to the Department of
Public Works for review and approval prior to issuance of any
subdivision or plan approvals. The plan shall include, as a
minimum, hydrological and hydraulic calculations for all
components of~the drainage system, a construction timetable for
all elements of the system, and an analysis of downstream
impacts. Further, mitigating measures as approved by the
Department of Public Works shall be taken to eliminate any
downstream impacts;
(Q) An intensive archaeological survey shall be conducted for the
entire property and a report shall be submitted to the Planning
Department prior to issuance of any subdivision or plan
approvals;
(R) Should any unanticipated archaeological sites be found during
land preparation activities, work shall immediately stop and the
Planning Department notified. Work shall not resume in the
affected area until clearance is given by the Planning
Department; and,
(S) All other applicable rules, regulations and requirements shall
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 3. In the event that any portion of the
ordinance is declared invalid, such invalidity shall not affect
other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
Introduced by:
COUNCIL MEMBER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 18, 1984
Date of 1st Reading: April 18, 1984
Date of 2nd Reading: May 9, 1984
Effective Date: May 15, 1984
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