HomeMy WebLinkAboutORD 1988-005 1988-19924
COUNTY OF HAWAIZ,~F,tSTATE OF HAWAII
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Bill No. 450
ORDINANCE NO. 88 5
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITIONS TO ORDINANCE
NO. 84 9 AND FURTHER AMENDED BY ORDINANCE NO. 86 94, WHICH
RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO OPEN (O) AND
LIMITED INDUSTRIAL (ML-la) AT KEAHUOLU, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-4-08: PORTION OF 2.
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 Keahuolu, North Kona, Hawaii, shall be
Open (O):
(PARCEL 1)
Beginning at East corner of this parcel of land and on the
Southwesterly side of Queen Kaahumanu Highway, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAILUA NORTH
MERIDIAN" being 2,504.44 feet North and 1,980.45 feet
West, thence running by azimuths measured clockwise from
True South:
1. 25° 41' 65.84 feet along Lot lof Kona
Industrial Subdivision -
Unit 5 (File Plan 1706);
LA/TN
2. Thence along the remainder of R.P. 6851, L.C. Aw. 8452,
Apana 12 to A. Keohokalole
(Certificate of Boundaries
No. 45), on a curve to the
right with a radius of
5,102.00 feet, the chord
azimuth and distance being:
127° 03' 14.1" 1,599.49 feet;
3. 215° 20' 92.48 feet along the remainder of
R.P. 6851, L.C. Aw. 8452,
Apana 12 to A. Keohokalole
(Certificate of Boundaries
No. 45);
4. Thence along the Southwesterly side of Queen Kaahumanu
Highway, on a curve to the
left with radius of
5,040.00 feet, the chord
azimuth and distance being:
308° 03' 33.8" 1,589.53 feet
to the point of beginning and
containing an area of
2.880 Acres. (Refer to
Parcel 1 as shown on
Exhibit A).
The district classification of the following area
situated at Keahuolu, North Kona, Hawaii, shall be Limited
Industrial (ML-la):
(PARCEL 2)
Beginning at the East corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAILUA NORTH
MERIDIAN" being 2,445.10 feet North and 2,008.98 feet
West, thence running by azimuths measured clockwise from
True South:
1. 25° 41' 334.78 feet along Lot 1 of Kona
Industrial Subdivision -
Unit 5 (File Plan 1706);
2. 28° 44' 36" 60.00 feet along the North end of
Luhia Street;
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3. Thence along Lot 7 of Kona Industrial Subdivision - Unit 2
(File Plan 1321), on a curve
to the right with a radius
of 5,500.00 feet, the chord
azimuth and distance being:
119° 15' 22.7" 98.48 feet;
4. 25° 41' 729.46 feet along Lots 7, 6, 5, 4, 3
and 2 of Kona Industrial
Subdivision - Unit 2 (File
Plan 1321);
5. 19° 10' 429.46 feet along Lots 2 and 1 of
Kona Industrial Subdivision
- Unit 2 (File Plan 1321)
and Lot 8 of Kona
Industrial Subdivision
- Unit 1 (File Plan 1129);
6. 1° 00' 576.81 feet along Lots 7, 6 and 5 of
Kona Industrial Subdivision
- Unit 1 (File Plan 1129);
7. 344° 21' 30" 617.05 feet along Lots 4, 3, 2 and
1 of Kona Industrial
Subdivision - Unit 1
(File Plan 1129);
8. Thence along the Northerly side of Kuakini Highway, on a
curve to the right with a
radius of 716.20 feet, the
chord azimuth and distance
being:
103° O5' 13" 304.24 feet;
9. 115° 21' 1,422.00 feet along the remainder of
R.P. 6851, L.C. Aw. 8452,
Apana 12 to A. Keohokalole
(Certificate of Boundaries
No. 45), along Governor's
Executive Order No. 2876;
10. 182° 05' 1,219.78 feet along the remainder of
R.P. 6851, L.C. Aw. 8452,
Apana 12 to A. Keohokalole
(Certificate of Boundaries
No. 45);
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11. 199° 10' 974.00 feet along the remainder of
R.P. 6851, L.C. Aw. 8452,
Apana 12 to A. Keohokalole
(Certificate of Boundaries
No. 45);
12. 215° 20' 890.89 feet along the remainder of
R.P. 6851, L.C. Aw. 8452,
Apana 12 to A. Keohokalole
(Certificate of Boundaries
No. 45);
13. Thence along the remainder of R.P. 6851, L.C. Aw. 8452
Apana 12 to A. Keohokalole
(Certificate of Boundaries
No. 45), on a curve to the
left with a radius of
5,102.00 feet, the chord
azimuth and distance being:
307° 03' 14.1" 1,599.49 feet
to the point of beginning
and containing an Area of
101.075 Acres. (Refer to
Parcel 2 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. This change in district classification is
conditioned upon the following: (A) the petitioner, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) the property shall be zoned
in two increments. The first increment shall consist of a
maximum of sixty 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
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industrial structures and construction has been partially
completed to the extent that roofs have been constructed on a
minimum of twenty-five percent of the lots proposed for the
first increment; (C) the Open zoned areas shall not be included
as part of the industrial lots; (D) subdivision plans for the
first increment shall be submitted within one year from the
effective date of [the zone change] this amendment; (E) an
overall landscaping master plan, which includes landscaping
along the property's frontages along Queen Kaahumanu Highway
and the Old Airport Road, a plant species list, identification
of view corridors from within and outside of the subdivision,
and a program for the maintenance of the landscaping master
plan, shall be submitted to the Planning Director for review
and approval prior to issuance of final subdivision approval of
the first increment; (F) channelized intersection improvements
shall be provided at the Queen Kaahumanu Highway meeting with
the approval of the State Department of Transportation,
Highways Division. Only one access shall be permitted from
Queen Kaahumanu Highway. The intersection improvements shall
be constructed prior to or as part of the final subdivision
approval of the first increment; (G) access(es) from the Old
Airport Road shall meet with the approval of the Department of
Public Works; (H) no direct accesses to the lots shall be
allowed from the Queen Kaahumanu Highway and the Old Airport
Road; (I) all interior roadways shall be constructed in
accordance with the requirements of the Department of Public
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works; (J) a drainage system in accordance with the
requirements of the Department of Public Works shall be
installed; (K) prior to receipt of final subdivision approval,
a Development Design Manual shall be prepared and submitted to
the Planning Department for approval. The purpose of the
manual is to provide comprehensive design principles and
guidelines for the development of the industrial lots in order
to achieve a high standard of quality for the development. The
manual shall include, but not be limited to, standards and
guidelines relative to landscaping; open space; architectural
building controls relating but not limited to appearance,
siting, heights, building materials, and signs; setbacks from
property lines and buildings; and ground cover ratio; (L) the
method of sewage disposal shall meet with the approval of the
appropriate governmental agencies; (M) an intensive
archaeological survey for the property shall be conducted and
that the survey report shall be submitted to the Planning
Department and the State Department of Land and Natural
Resources prior to receipt of final subdivision approval of the
first increment; (N) should any salvage archaeological work be
necessary as a result of condition (M), work shall be completed
prior to any grading or grubbing activities; (O) should any
unanticipated sites be uncovered 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 clearance has been obtained from
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the Planning Director; and (P) all other applicable rules,
regulations, and requirements, including those of the
Department of Water Supply, 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."]~ and (Q) an initial extension of time for the
performance conditions within the ordinance may be ranted by
the Planning Director upon the following circumstances: a) the
non-performance is the result of conditions that could not have
been foreseen or are beyond the control of the applicants,
successors or assigns, and that are not the result of their
fault or negligence; b) granting of the time extension would
not be contrary to the general plan or zonin code• c) grantin
of the time extension would not be contrary to the on final
reasons for the granting of the chan a of zone; d) 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 year); and e) if the ap licant 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
be met or substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its on final or
more appropriate designation.
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SECTION 3. Material to be deleted is bracketed. New
material is underscored.
SECTION 4. In the event that any portion of this
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, C NTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
December 14, 1987
December 14, 1987
January 6, 1988
January 18, 1988
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