HomeMy WebLinkAboutORD 1988-004 1988-1992COUNTY OF HAWAII .STATE OF HAWAII
Bill No. 449
ORDINANCE NO.
88 4
AN ORDINANCE AMENllING SECTION 25-87, (NURTH KONA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITIONS TO ORDINANCE
N0. 84 23 AND FURTHER AMENDED BY ORDINANCE NO. 84 42, WHICH
RECLASSI'r'IED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE
FAMILY (RM-5) AT HOLUALOA 1 AND 2, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-6-2i: 4, 9-13, and i5-17.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section25-87, 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 Northcaest corner of this parcel of lard,
and on the Northeasterly side of Kuakini Highway
Realignment, Project No. ilA-03-69, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "KAZLUA," being 9,193.71 feet Souti~
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. 255° 18' 17.97 feet along same;
3. 31i° 55' 219.92 feet along same;
LA/TN
4. 331° 14' 15" 143.36 feet along same;
Then ce along Stream Lot 14 for the next thirteen (13) courses,
the direct azimuths and distances being:
5. 96° 54' 67.99 feet;
6. 112° 56' 86.79 feet;
7. 90° 55' 56.48 feet;
8. 69° 49' 76.70 feet;
9. 46° 39' 114.37 feet;
10. 51° 06' 83.31 feet;
11. 76° O1' 139.84 feet;
12. 51° 29' 175.76 feet;
13. 66° 32' 91.49 feet;
14. 44° 49' 170.06 feet;
15. 25° 59' 247.57 feet;
16. 37° 21' 124.60 feet;
17. 31° 20' 30" 825.56 feet;
Then ce along Stream Lot 15 for the next ten (10) courses, the
azim uths and distances being:
18. 37° O1' 57.76 feet;
19. 66° 24' 138.13 feet;
20. 44° O1' 114.46 feet;
21. 67° O1' 134.84 feet;
22. 102° 13' 107.13 feet;
23. 69° 30' 139.97 feet;
24. 31° 40' 114.38 feet;
25. 88° 52' 64.54 feet;
26. 114° 04' 60.04 feet;
-2-
27. 77° 28' 132.01 feet;
28. 152° 18' 10" 95.72 feet along Kuakini Highway
Realignment Project
No. 11A-03-69;
29. 139° 59' 30" 20.75 feet along same;
30. 99° 48' 30" 35.58 feet along same;
31. 154° 11' 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 thirteen (13) courses,
the direct azimuths and distances being:
1. 65° OS' 2.53 feet;
2. 98° 56' 151.87 feet;
3. 121° 57' 191.39 feet;
4. 95° 15' 205.20 feet;
5. 96° 50' 273.37 feet;
6. 74° 55' 132.84 feet;
7. 107° 39' 54.73 feet;
8. 90° 53' 191.87 feet;
9. 129° 17' 96.53 feet;
-3-
10. 80° 07' 71.22 feet;
11. 53° 36' 104.76 feet;
12. 83° 27' 205.32 feet;
13. 84° OS' 104.72 feet;
Thence along Stream Lot 14 for the next thirteen (13) courses,
the direct azimuths and distances being:
14. 211° 20' 30" 763.45 feet;
15. 217° 21' 127.42 feet;
16. 205° 59' 243.59 feet;
17. 224° 49' 148.60 feet;
18. 246° 32' 87.91 feet;
19. 231° 29' 170.64 feet;
20. 256° Ol' 140.06 feet;
21. 231° 06' 98.89 feet;
22. 226° 39' 104.41 feet;
23. 249° 49' 53.22 feet;
24. 270° 55' 33.64 feet;
25. 292° 56' 83.57 feet;
26. 276° 54' 90.29 feet;
27. 354° 02' 55.41 feet along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu;
28. 21° 41' S0" 8.60 feet along same;
29. 359° 37' 20" 20.09 feet along same;
30. 5° 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;
-4-
31. 355° 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. 3° O5' 265.06 feet along the remainder of
R.P. 4475, L.C. Aw. 7713
Ap. 43 to Victoria Kamamalu;
33. 77° O8 20.55 feet along same;
34. 4° 39' 203.73 feet along same;
35. 347° 02' 187.60 feet along same;
36. 337° 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. 172° 54' 30"
2. 177° 19'
3. 167° 17' 30"
4. 185° 12'
5. 192° 52'
186.38 feet;
91.93 feet;
51.67 feet;
69.99 feet;
74.50 feet;
-5-
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' 32.94 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;
-6-
32. 117° 51' 30" 31.69 feet;
33. 125° 07' 43.90 feet;
34. 134° 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. 240° 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 alo ng Stream Lot 15 for the next ten (10) courses, the
dire ct azi muths and distances being:
40. 233° 36' 91.73 feet;
41. 260° 07' 29.64 feet;
42. 309° 17' 89.97 feet;
43. 270° 53' 203.93 feet;
44. 286° 30' 113.50 feet;
45. 267° 11' 352.71 feet;
46. 275° 15' 185.94 feet;
47. 301° 57' 189.37 feet;
48. 278° 56' 182.35 feet;
49. 245° 05' 10.28 feet;
50. 345° 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;
-7-
51. 334° 30' 969.30 feet along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to
Victoria Kamamalu;
52. 2° 00' 537.04 feet along same;
53. 86° 51' 30" 120.73 feet along Grant 988 to
Kamalo;
54. 93° 48' 45.22 feet along same;
55. 84° 14' 106.16 feet along same;
56. 104° 06' 30" 41.60 feet along same;
57. 77° 41' 30" 76.19 feet along Grant 988 to
Kamalo and along
Grant 1591 to
Hoolawaihonua;
Then ce along Gr ant 1591 to Hoolawaihonua for the next nine (9)
cour ses, the di rect azimuths and distances being:
58. 82° 34' 126.79 feet;
59. 142° 51' 32.82 feet;
60. 81° 37' 106.15 feet;
61. 67° 57' 30" 30.29 feet;
62. 83° 03' 30" 258.61 feet;
63. 72° 49' 30" 90.07 feet;
64. 84° 37' 30" 76.23 feet;
65. 78° 08' 62.37 feet;
66. 82° 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)
-8-
The district classification of the following area
situated at Holualoa 1 and 2, North Kona, Hawaii, shall be
Multiple Family Residential (RM-5):
(PARCEL 4)
Beginning at the Northwest 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
9.394.59 feet South and 8,350.83 feet East, thence running
by azimuths measured clockwise from True South:
1. 240° 28' 30" 227.26 feet along the remainder of
R.P. 4475, L.C. Aw. 7713,
Ap. 43 to Victoria Kamamalu;
2. 334° 11' 465.70 feet along Kuakini Highway
Realignment, Project
No. 11A-03-69;
Thence along Kailua-Keauhou Middle Road for the next ten (10)
cour ses, the direct azimuths and distances being:
3. 102° 06' 30" 9.97 feet;
4. 114° 23' 111.82 feet;
5. 120° 36' 30" 71.56 feet;
6. 125° 34' 91.34 feet;
7. 128° 34' 59.69 feet;
8. 138° 24' 30" 42.13 feet;
9. 132° 19' 22.53 feet;
10. 148° 53' 30" 32.77 feet;
11. 145° 06' 33.43 feet;
12. 139° 26' 39.55 feet to the point of
beginning and containing
an area of 1.530 Acres.
(Refer to Parcel 4 as
shown on Exhibit A)
-9-
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: (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 as 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;
-10-
(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
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
-11-
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] this amendment. 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
-12-
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; (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
-13-
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.] An initial
extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the
following circumstances: 1) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the cantrol of the applicants, successors or assigns, and that
are not the result of their fault or negligence; 2) granting of
the time extension would not be contrary to the general plan or
zoning code; 3) granting of the time extension would not be
contrary to the original reasons for the granting of the chan e
of zone; 4) the time extension granted shall be for a period
not to exceed the period originally granted for performance
(i.e., a condition to be performed within one year may be
extended for up to one additional vear); and 5) if the
-14-
applicant should require an additional. extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not he met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the area
to its original or more appropriate designation.
SECTION 3. Material to be deleted is bracketed. New
material is underscored.
SECTION 4. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
• ~
COUNCIL MEMBER, COUNTY OF AWAII
Hilo, Hawaii
Date of Introduction: December 14, 1987
Date of 1st Reading: December 14, 1987
Date of 2nd Reading: January 6, 1988
Effective Date: January 18, 1988
-15-