HomeMy WebLinkAboutORD 1990-063 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 252
(Draft 2)
ORDINANCE NO. 90 63
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
SINGLE FAMILY RESIDENTIAL (RS-7.5) AND (RS-20) AT PUAPUAAIKI
AND PUAPUAANUI, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-5-17:28 AND 29.
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 properties described hereinafter as
follows:
The district classification of the following area
situated at Puapuaaiki and Puapuaanui, North Kona, Hawaii,
shall be Single Family Residential (RS-7.5):
PARCEL 1:
Beginning at the Northwesterly corner of this parcel of
land, being also a point on the Easterly side of the
Hawaii Belt Road (Project No. F.A.S.P. 11A-03-69), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAHELO" being
1,083.07 feet North and 4,585.29 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next thirty-two (32) courses
following along the Southerly boundary of Royal
Patent 1669, Land Commission Award 8516-B, Apana 3 to
Kamaikui and along the middle of an ancient
stonewall, all angle points marked by galvanized
nails driven in set-stones on top of wall unless
noted otherwise herein:
1. 250° 24' 71.42 feet;
2. 244° 50' 49.86 feet;
3. 238° 04' 30" 88.39 feet;
LA
4. 254° 35' 10" 50.44 feet;
5. 237° 19' S0" 61.99 feet;
6. 252° 38' S0" 32.91 feet;
7. 243° 16' 15" 47.62 feet;
8. 250° 16' S0" 63.34 feet;
9. 238° 19' 10" 39.58 feet;
10. 252° 21' 10" 44.13 feet;
11. 244° 37' 50" 63.05 feet;
12. 241° 43' 84.51 feet;
13. 252° 18' 40" 108.43 feet;
14. 249° 47' 10" 68.44 feet;
15. 246° 46' 10" 48.86 feet;
16. 249° 39' S0" 133.77 feet;
17. 246° 56' 79.55 feet;
18. 238° 51' 30" 62.56 feet;
19. 244° 32' 40" 53.09 feet;
20. 250° 04' 72.07 feet;
21. 242° 42' 20" 81.56 feet;
22. 256° 02' 15" 40.36 feet;
23. 236° 43' 30" 54.19 feet;
24. 247° 20' 45" 28.34 feet;
25. 260° 19' 10" 92.13 feet;
26. 250° 23' 30" 56.34 feet to a galvanized nail
in a "+" cut in set-stone;
27. 248° 32' 54.28 feet;
28. 254° 46' 38.44 feet;
-2-
29. 251° 08' 40" 111.09 feet;
30. 250° 13' 10" 151.96 feet;
31. 252° 13' 138.54 feet;
32. 265° 56' 30' 65.91 feet to a pipe;
Thence, for the nex t five (5) courses following along
the remainder of Royal Patent 6716, L and Commission
Aware 4887, Apana 2 to Thomas Sams:
33. 346° 47' 30" 148.02 feet along Parcel 2 and
also along the Westerly
side of a stonewall to a
pipe;
34. 347° 14' 30" 201.76 feet along Parcel 2 and
also along the Westerly
side of a stonewall to a
pipe;
35. 72° 37' 32.30 feet along Parcel 2 and
also along the Northerly
side of a stonewall to a
pipe;
36. 350° 59' 55.95 feet along Parcel 2 and
also along the Westerly
side of a stonewall to a
pipe;
37. 341° 55' 109.94 feet along Parcel 2 and
also along the Westerly
side of a stonewall to a
"+" cut on stone;
Thence, for the next seven (7) courses following
along the remainder of Royal Patent 7819, Land
Commission Award 855 9-B, Apana 8 to
William C. Lunalilo:
38. 341° 20' 185.49 feet along Parcel 4 to a
pipe;
39. 262° 42' 494.33 feet along Parcel 4 to a
pipe;
Thence, for the next five ( 5) courses following along
the remainder of Lot 1:
-3-
40. 350° 30' 420.00 feet to a point;
Thence, following on a cur ve to the right with a
radius of 400.00 feet, the
chord azimuth and distance
being:
41. 16° 45' 353.83 feet to a point;
Thence, following on a curve to the right with a
radius of 10.00 feet, the
chord azimuth and distance
being:
42. 272° 45' 15.26 feet to a point;
43. 322° 30' 105.72 feet to a point;
44. 333° 30' 64.50 feet to a point;
Thence, fo r the next thirty-four (34) courses
following along the middle of an ancient stonewall
and also a long t he Northerly boundary of Royal Patent
4475, Land Commi ssion Award 7713, Apana 43 to
V. Kamamal u, all angle points being marked with
galvanized nails driven in set-stones on top of the
stonewall:
45. 331° 30 30" 20.18 feet;
46. 59° 26' 30" 14.13 feet;
47. 45° 54' 15" 12.32 feet;
48. 55° 55' 40" 114.99 feet;
49. 57° 30' 10" 23.08 feet;
50. 61° 52' 15" 113.83 feet;
51. 66° 38' 10" 140.03 feet;
52. 67° 14' S0" 123.03 feet;
53. 63° 08' 10" 91.13 feet;
54. 69° 25' 40" 56.10 feet;
55. 67° 51' S0" 105.82 feet;
-4-
56. 52° 59' 30" 40.69 feet;
57. 62° 12' 40" 22.63 feet;
58. 67° 12' 97.04 feet;
59. 58° 51' 24.92 feet;
60. 62° 50' 57.28 feet;
61. 73° 55' 10" 78.84 feet
62. 64° 53' 30" 34.57 feet;
63. 74° 57' 30" 18.72 feet;
64. 84° 23' 40" 20.20 feet;
65. 89° 29' 40" 32.58 feet;
66. 85° 26' 50" 75...75 feet;
67. 75° 41' 15" 135.87 feet;
68. 68° 13' 15" 150.48 feet;
69. 67° 52' 40.51 feet;
70. 70° 54' 40" 153.97 feet;
71. 67° O1' S0" 112.31 feet;
72. 69° 04' 15" 78.07 feet;
73. 66° 00' 10" 92.63 feet;
74. 70° 35' 15" 78.71 feet;
75. 47° 34' 40" 16.94 feet;
76. 70° 23' S0" 22.18 feet;
77. 62° 34' 19.27 feet;
78. 52° 38' 50" 23.61 feet;
.Thence, for the next five ( 5) courses following along
the Easterl y side of the Ha waii Belt Road (Project
No. F .A.S.P . 11A-03- 69):
-5-
79. 154° 11' 11"
80. 244° 11' 11"
81. 154° 11' 11"
82. 64° 11' 11"
83. 154° 11' 11"
433.95 feet to a point;
20.00 feet to a point;
1,101.00 feet to a point;
20.00 feet to a point;
207.23 feet to the point of
beginning and containing
an area of 91.732 Acres,
more or less. (Refer to
Parcel 1 as shown on
Exhibit "A").
The district classification of the following area
situated at Puapuaanui, North Kona, Hawaii, shall be
Single Family Residential (RS-20):
PARCEL 2:
Beginning at a pipe at the Southeasterly corner of this
parcel of land being also a point on the Westerly side of
Hualalai Road, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"KAHELO" being 788.83 feet Nocth and 8,228.96 feet East
and running by azimuths measured clockwise from True South:
Thence, following along the middle of an ancient
stonewall and also along the Northerly boundary of
Royal Patent 4475, Land Commission Award 7713, Apana
43 to V. Kamamalu for the next sixteen (16) courses,
all angle points being marked with galvanized nails
driven in set-stones on top of the stonewall:
1. 63° 21' 15" 13.07 feet;
2. 83° 45' 18.12 feet;
3. 78° 32' 15" 55.68 feet;
4. 76° 58' 60.06 feet;
5. 63° 04' 10" 163.64 feet;
6. 68° 02' 61.69 feet;
7. 75° 19' 30" 40.03 feet;
-6-
8. 73° 16' 34.02 feet;
9. 48° 04' 10" 28.86 feet;
10. 54° 14' 20" 12.65 feet;
11. 61° O5' 40' 58.18 feet;
12. 52° 24' 116.75 feet;
13. 52° 58' 137.34 feet;
14. 62° 18' 40" 18.06 feet;
15. 77° 26' 30" 34.89 feet;
16. 70° 20' 20" 112.79 feet;
Thence, for the next eleven (11) courses following
along the remainder of Royal Patent 7819, Land J
Commission Award 8559-5, Apana 8 to William C.
Lunalilo:
Thence, for the next five (5) courses following along
the remainder of Lot 1:
17. 153° 30' 64.50 feet to a point;
18. 142° 30' 105.72 feet to a point;
Thence, following on a curve to the left with a
radius of 10.00 feet, the
chord azimuth and distance
being:
19. 92° 45' 15.26 feet to a point;
Thence, following on a curve to the left with a
radius of 400.00 feet, the
chord azimuth and distance
being:
20. 196° 45' 353.83 feet to a point;
21. 170° 30' 420.00 feet to a point;
22. 262° 42' 200.00 feet along Parcel 4 to a
pipe;
23. 352° 31' 161.88 feet along Parcel 4 to a
pipe;
-7-
24. 352.° 31' 189.92 feet along a House Lot
owned by Julian F. Gouveia
and wife to a pipe;
25. 246° 13' 222.30 feet along a House Lot
owned by Julian F. Gouveia
and wife to a pipe;
26. 336° 13' 335.19 feet along Lot 2 of this
subdivision to a point;
27. 245° 22' 40" 321.43 feet along Lot 2 of this
subdivision to a point;
Thence, for the next three (3) courses following
along the Westerly side of Hualalai Road:
28. 312° 25' 8.34 feet to a pipe;
29. 321° 28' 10" 33.88 feet to a pipe;
30. 324° 29' 30" 54.62 feet to a pipe at a
stonewall intersection at
the Southeast corner of
this tract of land and on
the Northerly boundary of
Royal Patent 4475, Land
Commission Award 7713,
Apana 43 to V. Kamamalu to
the point of beginning and
containing an area of
7.592 Acres, more or
less. (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. These changes in district classification are
conditioned upon the following: (A) the applicant, successors,
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) the required water
commitment payment shall be submitted to the Department of
-8-
water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval
of the change of zone; (C) the area shall be subdivided in two
increments. The first increment shall consist. of a maximum of
sixty contiguous acres, and the second increment, the remaining
area. Subdivision plans may be submitted for the second
increment 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 lots proposed for the first increment. In
lieu of actual construction, the applicant may enter into an
agreement with the Planning Department 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 Planning Department. Upon final execution of such
agreement and filing of the security with the County,
subdivision plans for the second increment may be submitted
prior to the actual construction of the dwellings in the first
increment; (D) subdivision plans for the first increment shall
be submitted within one year from the effective date of the
change of zone. Final subdivision approval shall be secured
-9-
within one year from the date of receipt of tentative
subdivision approval. Plans for necessary infrastructural
improvements, including sewage .treatment plant, off-site
roadway and an off-site water system, shall be submitted in
conjunction with construction drawings for final subdivision
approval of the first increment; (E) a drainage system shall be
installed in accordance with the requirements of the Department
of Public Works; (F) access(es) shall meet with the Departments
of Transportation-Highways Division and Public Works. Further,
Queen Kaahumanu Highway shall be improved with a fully
channelized intersection, including deceleration, acceleration
and left-turn lane(s), which meet with the requirements of the
Department of Transportation. These improvements shall be
provided prior to final subdivision approval or as otherwise
provided by Chapter 23 (Subdivision Control). Traffic signals
shall be installed by the applicant, successors or assigns at
such time when warranted and deemed necessary by the State
Department of Transportation-Highways Division; (G) the
interior subdivision roads shall be provided with curbs,
gutters and sidewalk improvements; that portion of a
mauka-makai collector road within the subdivision shall be
constructed in a manner which would lead toward eventual
connection to Hualalai Road; and internal north-south roadways
shall extend to the boundaries to provide future traffic
-10-
connection with adjacent properties. These improvements shall
be provided prior to final subdivision of the first increment
or as otherwise provided by Chapter 23 (Subdivis:ion Control)
meeting with the approval of the Department of Public Works;
(H) an archaeological data recovery and preservation plan shall
be submitted to the Department of Land and Natural Resources,
Historic Sites Section and the Planning Department for review
and acceptance prior to preliminary plat map submittal of the
first increment. The archaeological data recovery and
preservation shall be in conformance with the accepted plan and
shall be completed prior to any land alterations on the
property; (I) should any unidentified sites or remains such as
artifacts, shell, bone, or charcoal deposits, human burials,
rock or coral alignments, pavings, or walks be encountered,
work in the immediate area shall cease and the Planning
Department shall be immediately notified. Subsequent work
shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient. mitigative
measures have been taken; (J) to ensure that the Goals and
Policies of the Housing Element of the General P].an are
implemented, the applicant shall work with the Office of
Housing and Community Development and the Planning Department
to formulate a housing plan for the development to assure it
addresses the affordable housing needs of the community and the
affordable housing condition imposed by the State Land Use
Commission. This housing plan shall be approved by the County
-11-
Housing Agency prior to final subdivision approval of the first
increment provided that the applicant shall notify the County
Housing Agency of any intent to sell, lease, assign, place in
trust, or otherwise voluntarily alter the ownership interest in
the Property prior to visible commencement of construction on
the Property; provided, however, that Petitioner may transfer
ownership in the Property to an affiliate or in a manner
consistent with prior representations to the County Housing
Agency; (K) as represented by the applicant, a minimum
five-acre recreational park shall be developed within the
proposed subdivision and made available in conjunction with the
completion of the subdivision's infrastructure for the first
increment. The cost of developing and maintaining the park
shall be borne by the applicant, successors or its assigns.
Deed covenants restricting the site to park use shall be
submitted to the Planning Department for review and approval
prior to final subdivision approval of the first increment.
Written assurance for implementation of this condition shall be
submitted to the Planning Department prior to final subdivision
approval of the first increment. At the minimum, access to the
recreational park shall be gained from within the subdivision;
(L) as agreed to by the applicant, restrictive covenants in the
deeds of all the lots shall prohibit the construction of ohana
dwelling units. A copy of the proposed covenant(s) shall be
submitted to the Planning Department for review and approval
prior to final subdivision approval of the first increment.
-12-
Written assurance for implementation of this con~9ition, which
has met with the approval of the Planning Department, shall be
submitted to the Planning Department prior to final subdivision
approval of the first increment. A copy of a typically
recorded covenant shall be filed with the Planning Department
within one year from the date of final subdivision approval of
the first increment; (M) comply with conditions of the State
Land Use Commission; (N) comply with all other applicable laws,
rules, regulations and requirements, including those of the
Departments of Health, Water Supply and Public Works;
(0) 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; (P) an annual progress report shall be submitted to
the Planning Director prior to the anniversary date of the
effective date of the change of zone. The report shall address
the status of the development and the compliance with the
conditions of approval. This condition shall remain in effect
until all of the conditions of approval have been complied and
the Planning Director acknowledges that further reports are not
required; and, (Q) an 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
-13-
been foreseen or are beyond the control of the applicant,
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) ranting
of the time extension would not be contrary to the original
reasons for the granting of the permit; 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 year); and 5) 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 shall initiate rezoning of the area to :its original or
more appropriate designation.
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.
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
May 2
May 2,
May 16,
May 27,
1990
1990
1990
-14-
A--ic
//
~ u
u
la IIr//
u
A-la
A+lo
/ -~
~~
V~ ~'
~1~ ( u
i
/l- S n
A-SC IP I ,-.-1,
~ A-la
~
'4'
1 ,..
~ -
~
~
~~~ j ~
-
f
~A .. ~
~'
j. ~
~
~
'
~
RA 5o~~_ l
/
-a
~
.Ati -~ I
./~ ~
~~~ ~~ ~
~~ ~ '- o
a ~
~
~
V '
7BE-BB N
~- N 7.-2B-°]6 .-
u K.AHE~O"A
13A-Sq
i I~ /j T_iF] \
-PARCEL 2
tJN PL AN NEB (U~ To I
SINGLC FAMILY
u RE51DE_ NTIAL (IRS-20~
AREA = 2592 ACRES
~OGD.: ~~ ~~ ~~~ ~ ~ ~
LGL ~i U /
_. ~~ /~.
~~/ PAf3CC-L I
~ ~~~~~
UNP LAN NEp (U~ To
SINGLE FAMILY
A-lo RESIDENTIAL (RS-Z 5~
f 'AREA 91.732 ACRES
i
~~ ~i ~/
/jj ~j
u j~~// i /
~ u
~~ RM-S
I, 0 03. 0 ~ N ~~~~~ ~ ~~~
4,505_29 C--
KAHELO" ~
RM S
U
RS i5
u
U
+KA~wA HAWAII BC-LT ROAD i<C,au HOU --
U RM 5j
~ RS-10
~._-t~/_~~ _ ~ _ r
/~~..~ ;o ~ ...... i ..
~~ o ., y
~P ``~` ~'
jP~ R~
U ~ ~~ ~ RS-l0 0
' y;'u 11 %
AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~~-87 (NOIQTH KO NA ZONE
MAP) AI~T1 Ct_E 3, CHAPT>=1~ ZS (zONIN G CO~E~ OF
THE HAWAII COUN~"y CODE', C3y CHANG{NG THE
DISTT~ICT CLASSIFICATION F1~ON1 UNPLANNCD (U~
TO SINGLE FAM1L7' I'ZESI~ENTIAL (1-i'S-7-S) ANb
(FZS-20~ AT PUAPUAAIKI ANC7 PUAI°UAANUI,
Not~T'1-f KONR, HAWAII _
PRC-Fra F~E~ COY = PLANNING pEPAf~t-('M ENT
COUNTT of HAWF>11
TMK = 7'5-17 = 28 ANO 2°~ DEC. I9, I~>~J
EXHIBIT IIAII