HomeMy WebLinkAboutORD 1990-099 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 62
(Draft 3)
ORDINANCE NO. 90 99
AN ORDINANCE AMENDING SECTION 25-87 (NOR'PH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) AND
AGRICULTURAL (A-la) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT
PAHOEHOE 4TH, NORTH KONA, F[AWAII, COVERED BY
TAX MAP KEY 7-7-07:5.
BE IT ORDAINED RY THE COUNCIL OF THE COiJNTY 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 Pahoehoe 4,t h, North Kona, Hawaii, shall be
Single Family F.esidential (RS-10):
Parcel 1
Beginning at the Westernmost corner of this parcel of
land, being also a point on the Easterly side of Walua
Road, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KAILUA
(NORTH MERIDIAN)" being 16,781.90 feet South and 12,699.50
feet East and running by azimuths measured clockwise from
True South:
Thence, for the next seven (7)
courses following along
Grant 1749 to Ripapa:
1. 258° 25' ].14.85 feet to a point;
2. 249° 40' ].01.58 feet to a point;
LA/TN
3. 239° 32' ~I41.70 feet to a point;
4, 248° 21' `_23.39 feet to a point;
5, 246° 25' 227.76 feet to a point;
6, 255° 48' 264.40 feet to a point;
7. 258° 06' 63,26 feet to a point;
Thence, fo r the next three (3)
courses fo llowing along the
remainde rs of Grant 1748 to
Kapahu a nd Grant 1869 to
Kekamaka hi :
8. 327° 30' 55,00 feet to a point;
9. 338° 00' 86.00 feet to a point;
10. 340° 33' 80.74 feet to a point;
Thence, fo r the next
fourteen ( 14) courses
followin g along Land
Commissi on Award 7716,
Apana 4, t o R. Keelikolani:
11. 66° 10' 44.26 feet to a point;
12, 73° OS' 100.95 feet to a point;
13. 87° 00' 70,67 feet to a point;
14. 73° 23' 66.35 feet to a point;
15. 73° 42' 30" ].41,03 feet to a point;
16. 78° 19' 89.39 feet to a point;
17, 68° 48' 35.63 feet to a point;
18. 65° 51' 30" 58.57 feet to a point;
19. 76° 36' 30" 46,42 feet to a point;
20. 62° 54' 81.63 feet to a point;
21. 55° 39' 37.16 feet to a point;
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22. 63° 57' 30" ].89.75 feet to a point;
23. 69° 11' 30" 31,17 feet to a point;
24. 47° 16' 31.25 feet to a point;
Thence, for the next seven (7)
courses following along Lot 8
of Kuakini Heights
Subdivision, Unit II:
25. 41° 34' 30" 4.35 feet to a point;
26, 52° 39' 45" 18.40 feet to a point;
27, 45° 27' 40" 28.97 feet to a point;
28, 32° 38' 25,09 feet to a point;
29. 44° 12' 25.15 feet to a point;
30. 70° 35' 10" 49,07 feet to a point;
31. 76° 52' 15" 20.52 feet to a point;
32. 67° 56' 48.39 feet along Lots 8 and 7 of
Kuakini Heights Subdivision,
Unit II to a point;
33. 80° 22' 30" 21.53 feet along Lot 7 of Kuakini
Heights Subdivision, Unit II
to a point;
34, 74° 36' 20" 25.28 feet along Lot 7 of Kuakini
Heights Subdivision, Unit II
to a point;
35. 64° 17' 45.26 feet along Lots 7 and 6 of
Kuakini Heights Subdivision,
Unit II to a point;
36. 65° 42' 20" 40.88 feet along Lot 6 of Kuakini
Heights Subdivision, Unit iI
to a point;
37, 54° 23' 15" 13.34 feet along Loot 6 of Kuakini
Heights Subdivision, Unit II
to a point;
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38. 60° 06' 15" 1.14.64 feet along Lots 6 and 5 of
Kuakini Subdivision, Unit iI
to a point;
39. 63° 59' S0" 69.68 feet along Lots 5 and 4 of
Kuakini Heights Subdivision,
Unit II to a point;
40. 58° 55' 40" 29.20 feet along Lots 4 and 1 of
Kuakini Heights Subdivision,
Unit II to a point;
Thence, for the next four (4)
courses following along Lot 1
of Kuakini Heights
Subdivision, Unit II:
41. 62° 04' 20" 104.05 feet to a point;
42. 57° 10' 50" 25.04 feet to a point;
43. 52° 08' 20" 11.10 feet to a point;
44, 97° 12' 30" 9.98 feet to a point;
Thence, for the next six (6)
courses following along the
Easterly Side of Walua Road:
45. 103° 17' 16.41 feet to a point;
46. 175° 11' 30" 75,95 feet to a point;
47. 168° 34' 65.77 feet to a point;
48, 163° 21' 47.62 feet to a point;
49. 143° 36' 18.91 feet to a point;
50. 130° 15' 30" 58.06 feet to the point of beginning
and containing an area of
8.758 Acres, more or less,
(Refer to Parcel 1 as shown on
Exhibit "A")
The district classification of the following area
situated at Pahoehoe 9th, North Kona, Hawaii, shall be
Single Family Residential (RS-10):
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Parcel 2
Beginning at the Northwesterly corner of this parcel of
land, being also a point on the Southerly boundary of
Grant 1749 to Kipapa, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "KAILUA (NORTH MERIDIAN)" being 16,137.46 feet
South and 14,301.40 feet East and running by azimuths
measured clockwise from True South:
1. 258° O6' ].10.00 feet along Grant 1749 to
Kipapa to a point;
2. 233° 21' ].70.23 feet along Grant 1749 to
Kipapa to a point;
3. 4° 20' 12" 295.91 feet along the remainders of
Grant 1748 to Kapahu and Grant
1869 to Kekamakahi and along
Grant 1743 to Kumukahi to a
point;
Thence, for the next four (4)
courses following along Land
Commission Award 7716,
Apana 4, to R. Keeliko:lani:
4. 74° 18' 30" 54.18 feet to a point;
5, 76° 16' 27,30 feet to a point;
6. 82° 04' 45,79 feet to a point;
7. 66° 10' 10.00 feet to a point;
Thence, for the next three (3)
courses following along the
remainder of Grant 1748 to
Kapahu and Grant 1869 to
Kekamakahi:
8. 160° 33' 80.74 feet to a point;
9. 158° 00' 86.00 feet to a point;
10. 147° 30' 55.00 feet to the point of beginning
and containing an area of
1.025 Acres, more or less.
(Refer to Parcel 2 as shown on
Exhibit "A")
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All as shown on tt~e map attached hereto, marke~9
Exhibit "A" and by reference made a part hereof.
SECTInN 2. These changes in district classification are
conditioned upon the following: (A) The applicant, successors
or assigns shall be respon;;ible for complying with all of the
stated conditions of approval; (B) The applicant shall submit
the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval
of the change of zone. The zoning of the property shall not_ be
in effect until the payment: is accepted by the Department of
Water Supply and a water commitment is formally issued;
(C) Subdivision plans shall be submitted for tentative approval
within one year from the effective date of the change of zone
as noted in Condition B. Final subdivision approval shall be
secured within one year from the date of receipt of tentative
subdivision approval; (D) I~rior to receipt of final subdivision
approval, the developer shall: 1) Construct a new road within
a 50-foot right-of-way north of Akoni Drive, between Kuakini
Highway and Walua Road. Ttie roadway shall be designed and
constructed to County dedicable standard; 2) Secure approval
from the State Department of Transportation, Highways Division,
as to the exact location of the new roadway and its point of
intersection with Kuakini highway; 3) Complete all improvements
as may be required by the Department of Transportation,
Highways Division, relating to the Kuakini Highway Intersection
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which will be created by the new roadway; 4) Construct a County
dedicable north-south road between the subject property and the
adjoining property identified by TMK: 7-7-07:30; 5) Construe-t
improvements to Walua Road between the new access road and the
proposed road within TMK: 7-7-07:5 meeting with the approval
of the Department of Public works. Additional right-of-way
shall be provided along the frontage of the property for a
future 50-foot width and a:; required to provide the roadway
improvements; 6) The subdivision roadways shall he constructed
with curbs, gutters and sidewalks; (E) A drainage system
meeting with the approval of the Department of Public Works
shall be installed; (F) 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 epproval prior to final subdivision
approval. Written assurance for implementation of this
condition, which has met with the approval of the Planning
Department shall be suhmitt:ed to the Planning Department prior
to final subdivision approval. A copy of the typically
recorded covenant shall be filed with the Planning Department
within one year from the date of final subdivision approval;
(G) To ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant
shall work with the Office of Housing and Community Development
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and the Planning Department: to formulate a housing plan for the
development to assure it addresses the affordable housing needs
of the community. This housing plan shall be approved by the
County Housing Agency prior to granting of Final Subdivision
Approval; (H) An archaeological reconnaissance survey shall be
conducted and a report of t:he findings submitted to the
Planning Department at the same time plans are submitted for
subdivision approval or prior to any land preparation activity
(grubbing or grading), whichever occurs first; (I) Should any
unanticipated archaeological sites or features of importance be
uncovered during land preparation activity, work in the
affected area shall cease immediately and the Planning Director
shall be notified. Work irc the affected area shall not resume
until such time that clearance is obtained from the Planning
Director; (J) All other applicable laws, rules, regulations and
requirements shall be complied with; (K) Should the council
adopt a Unified Impact Fee:; 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; (L) An
annual progress report sha].1 be submitted to the Planning
Director prior to the anniversary date of the effective date of
the zone change. The report shall address the status of the
development and the compliance with the conditions of
approval. This condition :;hall remain in effect until all of
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the conditions of approval have been rompli.ed with and the
Planning Director acknowledges that further reports are not
required; and, (M) 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 control 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 tt`e general plan or zoning code;
3) granting of the time extension would not he contrary to the
original reasons for the granting of the change of zone; 4) the
time extension granted shall be for a period not to exceed t:he
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. Shoulc any of the foregoing conditions not
be met or substantially complied with in a timely fashion, the
director shall initiate re2oning of the area to its original. or
more appropriate designaticn.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
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SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
..~, ~ •
COU CIL MEMBER, UNTY OF WAII
Hilo, Hawaii
Date of Introduction: r![ay 2, 1990
Date of 1st Reading: bray 2, 1990
Date of 2nd Reading: August 1, 1990
Effective Date: August 14, 1990
-10-
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PARCEL Z' -____
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AGr~ICULTURAL (A-Ia~ I
To SINGLE FAMILY
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AREA = IA25 ACRES n Iq
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KUAKINI HIGHWAY
I~j~UA
KE'~uNo: ~ -y
~~ ~n F~AN~B[~ IUt I ~ RS ~13 RS-15~
AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-87 (NORTH KONA ZONC- MAP
ARTICLE 3, CHAI°TEI~ 25 (ZONING CODE) OF THE
HAWAII COt1NTY COdC-, p`{ CHANGING THe
DISTRICT CLASSIFICATION FROM UNI~LANNELJ
(U) AND AGIZ1CUl_TU12AL (A-Ica) To SINGLE FAMILY
IQCS1[7ENTIAL (RS-10) AT PA1-iOCf-1oE 4TH, NORTH
KONA, F-IAWAI l _
PRCPAFZED BY P~-ANNING OEpARTM ENT
COUNTY of HAWAII
MK ' 7-7-07 = ~
AvG_ 2H, 1g88
EXHIBIT ~~A~~
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
1
1
1
ROLL CALL VOTE
i
i AYES NOES ABS EX
Dom
ngo
ntroduced B Takash
Y~
1990
2 DOMINGO X
,
)ate Introduced: MaY ~~ X
first Reading: May 2 , 19 9 0 INOUYE X
'ublished: KOKUBUN }{
LAI }{
REMARKS: MAKUAKANE g
AppYOVe & adopt Bill Ori 1St Yeading & RUDDLE
refer back to PC - 5/2/90 SCHUTTE X
YAMASHIRO
(DRAFT 3)
ROLL CALL VOTE
iecond Reading: Auqust 1, 1990 AYES NOES ABS EX
Co Mayor: August 1, 1990 DOMINGO
Returned: August 14, 1990 HALE
Effective: August 14, 1990
Published: August 28, 1990 KOKUBUN
LAI X
REMARKS: MAKUAKANE X
RUDDLE X
SCHUTTE X
~Y
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above.
CGU`!t ~~
:~ ~4 ~'
Cate _ ____._ __
COUNCIL CHAIRMAN
~ '' ~.;r
~pproue Disapproved this ~~ day
of-~~ f . 19
MAYORG~ COUNTY OF HAWAII
l
t~ ~~ . /~~~ '!-~ ~L4L~~--
1 u~~Y EK% ~ ~~
I
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Bill No.: 62 (Draft ~ )
Reference: PC-12 7
Ord. No.: