HomeMy WebLinkAboutORD 1988-092 1988-1992R
COUNTY OF HAWAI~~r;.:';`_;,,~TATE OF HAWAII
~~
' Bill No. ss6
ORDINANCE NO. SS .`~2
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 PROPERTY DESCRIPTIONS TO ORDINANCE N0. 87 129,
COUNTY OF HAWAII, WHICH RECLASSIFIED CERTAIN LAND FROM UNPLANNED (U)
TO MULTIPLE FAMILY RESIDENTIAL (RM-4), AND NEIGHBORHOOD COMMERCIAL
(CN-20) AT AUHAUKEAE 1ST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-5-10:8 & 57.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance 87 129, relating to property description
modification of the subject property, is amended as follows:
"SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the district
classification of properties described hereinafter as follows:
The district classification of the following area situated
at Auhaukeae 1st and 2nd, North Kona, Hawaii, shall be Multiple
Family Residential (RM-4):
PARCEL 1:
Beginning at the northeast corner of this parcel of land and on
the westerly side of Hawaii Belt Road, FAP 11A-03-69, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "KAHELO", being 6,201.13 feet
North and 1,823.22 feet East, thence running by azimuths
measured clockwise from true South:
1. Along Hawaii Belt Road, FAP 11A-03-69 on a curve to the
right with a radius of
5,579.58 feet, the chord
azimuth and distance being:
327° 43' 39" 281.95 feet;
2. 59° 29' 172.05 feet along Nani Kailua Drive;
.~ ,
3. Thence along Nani Kailua Drive on a curve to the right
with a radius of 470.00
feet, the chord azimuth and
distance being:
70° 33' 30" 180.57 feet;
4. 81° 38'
342.04 feet along Nani Kailua Drive;
5. Thence along Nani Kailua Drive on a curve to the left with
a radius of 530.00 feet, the
chord azimuth and distance
being:
54° 09' 489.18 feet;
6. 26° 40'
72.77 feet along Nani Kailua Drive;
7. Thence along Nani Kailua Drive on a curve to the right with
a radius of 30.00 feet, the
chord azimuth and distance
being:
71° 40' 42.43 feet;
8. 116° 40' 264.97 feet along Hualalai Road;
9. 133° 20' 14.54 feet along Hualalai Road;
10. Thence along Hualalai Road on a curve to the left with a
radius of 250.00 feet, the
chord azimuth and distance
being:
113° 00' 160.03 feet;
11. 94° 20' 11.96 feet along Hualalai Road;
12. Thence along Hualalai Road on a curve to the right with a
radius of 400.00 feet, the
chord azimuth and distance
being:
124° 52' 30" 406.53 feet;
13. 155° 25' 54.94 feet along Hualalai Road;
14. 256° 06' 187.27 feet along Grant 1752 to
H. Kawelo (Aloha Kona
Subdivision, File Plan 871);
15. 263° 16' 56.20 feet along Grant 1752 to
H. Kawelo (Aloha Kona
Subdivision, File Plan 871);
-2-
16. 263° 20' 194.80 feet along Grant 1752 to
H. Kawelo (Aloha Kona
Subdivision, File Plan 871);
17. 260° 47' 253.30 feet along Grant 1752 to
H. Kawelo (Aloha Kona
Subdivision, File Plan 871);
18. 260° 56' 661.60 feet along Grant 1752 to
H. Kawelo (Aloha Kona
Subdivision, File Plan 871
and Kona Heights
Subdivision, Increment I,
File Plan 1075);
19. 265° 32' 74.40 feet along Grant 1752 to
H. Kawelo (Kona Heights
Subdivision, Increment I.
File Plan 1075);
20. 253° 00' 345.22 feet along Grant 1752 to
H. Kawelo (Kona Heights
Subdivision, Increment I.
File Plan 1075) to the point
of beginning and containing
an area of 15.019 Acres.
(Refer to parcel 1 as shown
on Exhibit "A".)
The district classification of the following area situated
at Auhaukeae 1st and 2nd, North Kona, Hawaii, shall be Multiple
Family Residential (RM-4):
PARCEL 2:
Beginning at the southeast corner of this parcel of land and on
the westerly side of Hawaii Belt Road, FAP 11A-03-69, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "KAHELO", being 5,358.66 feet
North and 2,289.63 feet East, thence running by azimuths
measured clockwise from true South:
1. 79° 10' 954.39 feet along R.P. 7845, L.C. Aw.
7715, Ap. 13 to Lota
Kamehameha;
2. 84° 04' 40" 186.15 feet along R.P. 7845, L.C. Aw.
7715, Ap. 13 to Lota
Kamehameha;
-3-
3. 81° 51' 3.45 feet along R.P. 7845, L.C. Aw.
7715, Ap. 13 to Lota
Kamehameha;
4. 136° 30' 151.04 feet along Hualalai Road;
5. Thence along Hualalai Road on a curve to the left with a
radius of 375.00 feet, the
chord azimuth and distance
being:
126° 35' 129.16 feet;
6. 116° 40'
1.46 feet along Hualalai Road;
7. Thence along Nani Kailua Drive on a curve to the right
with a radius of 30.00 feet,
the chord azimuth and
distance being:
161° 40' 42.43 feet;
8. 206° 40'
72.77 feet along Nani Kailua Drive;
9. Thence along Nani Kailua Drive on a curve to the right
with a radius of 470.00
feet, the chord azimuth and
distance being:
234° 09' 433.80 feet;
10. 261° 38'
342.04 feet along Nani Kailua Drive;
11. Thence along Nani Kailua Drive on a curve to the left with
a radius of 530.00 feet, the
chord azimuth and distance
being:
250° 33' 30" 203.62 feet;
12. 239° 29'
172.05 feet along Nani Kailua Drive;
13. Thence along Hawaii Belt Road, FAP 11A-03-69 on a curve to
the right with a radius of
5,579.58 feet, the chord
azimuth and distance being:
331° 59' 34.9" 428.69 feet;
14. 334° 11' 40.8" 193.17 feet along Hawaii Belt Road,
FAP 11A-03-69 to the point
of beginning and containing
a gross area of 13.755 Acres.
-~-
[The district classification of the following area
situated at Auhaukeae 1st and 2nd, North Kona, Hawaii, shall be
Neighborhood Commercial (CN-20):
PARCEL 3:]Excepting and reserving a portion of this parcel for
a commercial area and bein4 more fully described as follows:
Beginning at the northeast corner of this parcel of land, the
direct azimuth and distance from the initial point of the above
described parcel being: 124° 13' 14" 703.11 feet, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "KAHELO", being 5,754.07 feet
North and 1,708.24 feet East, thence running by azimuths
measured clockwise from true South:
1. 337° 40' 188.57 feet along the remainders of
R.P. 7580, L.C. Aw. 11,216,
Ap. 37 to M. Kekauonohi and
Lot 10, Land Court
Application 1874;
2. 67° 40' 224.27 feet along the remainder of
Lot 10, Land Court
Application 1874;
3. 165° 00' 190.13 feet along the remainders of
Lot 10, Land Court
Application 1874 and
R.P. 7580, L.C. Aw. 11,216,
Ap. 37 to M. Kekauonohi;
4. 247° 40' 200.00 feet along the remainder of
R.P. 7580, L.C. Aw. 11,216,
Ap. 37 to M. Kekauonohi to
the point of beginning and
containing an area of 40,002
Square Feet leaving a Net
Area of 12.837 Acres.
(Refer to parcel 2 as shown
on Exhibit "A".)
The district classification of the following area situated at
keae 1st and 2nd, North Kona, Hawaii, shall be Neighborhood
.n ..... .~ ~ / M1nT 1/1 ~ _
onarz~r. 7-
inning at the northeast corner of this parcel of land, the
ect azimuth and distance from the initial point of the above
cribed parcel bein4: 124° 13' 14" 703.11 feet. the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "KAHELO", being 5,754.07 feet
North and 1,708.24 feet East, thence running by azimuths
measured clockwise from true South:
-5-
1. 337° 40' 188.57 feet along the remainders of
R.P. 7580, L .C. Aw. 11,216,
Ap. 37 to M. Kekauonohi and
Lot 10, Land Court
Application 1874;
2. 67° 40' 224.27 feet along the remainder of
Lot 10, Land Court
Application 1874;
3. 165° 00' 190.13 feet along the remainders of
_ Lot 10, Land Court
Application 1874 and
R.P. 7580, L.C. Aw. 11,216,
Ap. 37 to M. Kekauonohi;
4. 247° 40' 200.00 feet along the remainder of
Ao. 37 to M. Kekauonohi to
an area
(xeter to parce
on Exhibit "A".
All as shown on the map on file in the Office of the County
Clerk, marked Exhibit "A" and by reference made a part hereof.
"SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors or
its assigns shall be responsible for complying with all of the
2
stated conditions of approval; (B) plans for Phase I of the proposed
development shall be submitted for plan approval review within one
year from the effective date of the change of zone; (C) construction
of Phase I shall commence within one year from the date of receipt
of Final Plan Approval and be completed within three years
thereafter; (D) plans for the subsequent phase(s) shall be submitted
for plan approval review within one year from the date of completion
of the previous phase(s); (E) construction of the subsequent
phase(s) shall commence within one year from the date of receipt of
-6-
Final Plan Approval of that particular phase and be completed within
three years thereafter; (F) roadway access(es) to the proposed
development shall be from Nani Kailua Drive and shall meet with the
approval of the Department of Public Works; (G) all roads dedicated
to the County shall be constructed to the County's dedicable
standards and shall include curbs, gutters and sidewalks. Roads not
dedicable to the County shall be privately maintained;
(H) underground traffic signal ductlines at the intersection of Nani
Kailua Drive and Queen Kaahumanu Highway shall be installed prior to
occupancy of Phase I of the proposed development. The applicant
shall be responsible for the design of the traffic signals to
standards as required by the State Department of Transportation,
Highways Division. The applicant shall continue to periodically
monitor and project the traffic impact at said intersection pursuant
to the requirements of the State Department of Transportation,
Highways Division, to determine if the traffic signal is warranted.
The report shall be submitted to the State Department of
Transportation, Highways Division, and the Planning Department. If
deemed warranted by the State Department of Transportation, Highways
Division, the applicant shall be solely responsible for the
construction of the traffic signals; (I) a drainage system shall be
installed meeting with the approval of the Department of Public
Works; (J) the method of sewage disposal shall meet with the
approval of the appropriate governmental agency; (K) a private park
of approximately 20,000 square feet shall be developed as part of
Phase I and made available in conjunction with the completion of
-7-
Phase I's infrastructure. The cost of developing and maintaining
the park shall be borne by the applicant, successors or its
assigns. Deed covenants dedicating the site to the use shall be
submitted in conjunction with plan approval for Phase I for approval
by the Planning Director; (L) a second private park of approximately
20,000 square feet shall be developed as part of Phase III and made
available in conjunction with the completion of Phase III's
infrastructure. The cost of developing and maintaining the park
shall be borne by the applicant, successors or its assigns. Deed
covenants dedicating the site to the use shall be submitted in
conjunction with plan approval for Phase III for approval by the
Planning Director; (M) should any unidentified archaeological sites
or remains, such as artifacts, shell, bone or charcoal deposits,
human burials, rock or coral alignments, paving or walls be
encountered, work in the area affected shall cease and the Planning
Department notified. Subsequent work in the affected area shall
proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigating measures have
been taken; (N) an annual progress report shall be submitted prior
to the anniversary date of the approval of the change of zone. The
report shall include, but not be limited to, the status of the
development and to what extent the conditions of approval are being
complied with. This condition shall remain in effect until all of
the conditions of approval have been complied with; (O) all other
applicable rules, requirements, and laws shall be complied with;
-8-
and, (P) an extension of time for the performance of conditions
within an ordinance may be granted 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 owners, 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 zoning code; c) granting of the time
extension would not be contrary to the original reasons for the
granting of the change 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 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
be 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. Should the council adopt A Unified Impact Fees
Ordinance setting forth criteria for the imposition of exactions or
the assessment of impact fees, conditions included herein may, at
the developer's election, be satisfied by performance in accordance
with the requirements of the Unified Impact Fees Ordinance.
"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."
-9-
SECTION 2. Material to be deleted is bracketed. New material
is underscored. In printing this ordinance, the underscoring need
not be included.
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUC BY:
~~t~hk G
COUNCIL MEMBER, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 18, 1988
Date of 1st Reading: May 18 1988
Date of 2nd Reading: June 1~, 1988
Effec tive Date: June 30, 1988
-10-
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
RnLT. CALL VOTE
AYES NOES ABS EX
ntroduced By: Takashi Domingo DAHLBERG X
)ate Introduced: May 18 , 19 8 8 DE LUZ X
~irstReading: May 18, 1988 DOMINGO X
'ublished: X
JITCHAKU-INOUYE X
REMARKS: KOKUBUN X
Approve & adopt Bill on first readings LAI X
refer back to PC - 5/18/88 SCHUTTE X
YAMASHIRO X
8 0 1 0
I
I
1
I
1
ROLL CALL VOTE
Second Reading: June 15 , 19 8 8 AYES NOES ABS EX
Po Mayor: June 16, 1988 DAHLBERG X
Returned: June 30, 1988 DE LUZ X
Effective: Juice 30, 1988 DOMINGO X
Published: July 8, 1988 GR.EENWELL X
JITCHAKU-INOUYE X
REMARKS: KOKUBUN X
LAI X
SCHUTTE X
YAMASHIRO X
9 0 0 0
I DO HEREBY CERTIFY that the fore~oin~+ BILL was adopted by the County Council and
published as indicated above.
80 n.: :+
titi1'iii'!Y
~RPOriF.TiON Uul+:;
COUNTY V HANJP,II
"dUN 2 3 1988
Date
this 3-D-°'`'day
19 ~_
MAYOR, COUNTY ~F HAWAII
UN IL CH MAN
~,~. ~.
COUNTY CLE
Bill No.:
Reference:
Ord. No.:
556