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HomeMy WebLinkAboutORD 1991-022 1988-1992COUNTY OF HAWAII STATE OF HAWAII BILL NO. "~ R S (Dx~rr z> ORDINANCE NO. 91 2 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-10) AND (RS-15); MULTIPLE FAMILY RESIDENTIAL (RM-4) AND NEIGHBORHOOD COMMERCIAL (CN-10) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-10:PORTION OF 27. 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 Kalaoa 5th, North Kona, Hawaii, shall be Single Family Residential (RS-10): Parcel 1: Beginning at the northeast corner of this parcel of land and on the south side of Ko'iko'i Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,172.82 feet South and 17,340.54 feet West, thence running by azimuths measured clockwise from true South: 1. 4° 50' 2. 96° 33' 38" 3. 98° 30' 02" 4. 97° 56' 43" 878.74 feet along the remainder of Grant 2972 to Kaapau and Kama; 1,118.45 feet along a Homestead Road; 578.45 feet along a Homestead Road; 835.92 feet along a Homestead Road; 5. 94° O1' 14" 6. 202° 10' 7. 112° 10' 8. 185° 10' 9. 292° 10' 10. 274° 50' 346.34 feet along a Homestead Road; 483.79 feet along the remainder of Grant 2972 to Kaapau and Kama; 2,469.10 feet along the remainder of Grant 2972 to Kaapau and Kama; 313.71 feet along Government Land; 2,495.82 feet along Kona Palisade, Unit III, File Plan 1146; 2,704.74 feet along Kona Palisade, Unit III, File Plan 1146 and along Kona Palisade, Unit II, File Plan 1087 to the point of beginning and containing an area of 69.429 Acres. (Refer to Parcel 1 as shown on Exhibit "A") The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Single Family Residential (RS-15): Parcel 2: Beginning at the northwest corner of this parcel of land and on the south side of Ko'iko'i Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,172.82 feet South and 17,340.54 feet West, thence running by azimuths measured clockwise from true South: 1. 274° 50' 992.78 feet along Ko'iko'i Street and Lots 202, 201, 200, 199, 198, 197, 196, 195, 194, 193, 192, 191 and' 190, Kona Palisades Subdivision, Unit II, File Plan 1087; 2. 4° 50' 150.64 feet along the remainder of Grant 2972 to Kaapau and Kama (Lot 24, Pu'uhonua Subdivision, Phase I, File Plan 1988); -2- 3. 274° 50' 133.00 feet along same; 4. 4° 50' 125.50 feet along the remainder of Grant 2972 to Kaapau and Kama (Roadway Lot R-2, Pu'uhonua Subdivision, Phase I, File Plan 1988); 5. Thence along the remainder of Grant 2972 to Kaapau and Kama on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 52° 25' 44.30 feet; 6. 10° 00' 7. 280° 00' 60.00 feet along the remainder of Grant 2972 to Kaapau and Kama; 10.85 feet along the remainder of Grant 2972 to Kaapau and Kama; 8. Thence along the remainder of Grant 2972 to Kaapau and Kama on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 322° 25' 40.47 feet; 9. 4° 50' 285.34 feet along the remainder of Grant 2972 to Kaapau and Kama; 10. Thence along the remainder of Grant 2972 to Kaapau and Kama (Roadway Lot R-3, Pu'uhonua Subdivision, Phase I, File Plan 1988) on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 50° 41' 49" 28.71 feet; 11. 96° 33' 38" 37.56 feet along the remainder of Grant 2972 to Kaapau and Kama; -3- 12. 6° 33' 38" 209.91 feet along the remainder of Grant 2972 to Kapaau and Kama (Roadway Lot R-5 and Lot 23, Pu'uhonua Subdivision, Phase I, File Plan 1988); 13. 96° 23' 21" 30.88 feet along a Homestead Road; 14. 96° 33' 38" 1,030.90 feet along a Homestead Road; 15. 184° 50' 878.74 feet along the remainder of Grant 2972 to Kaapau and Kama to the point of beginning and containing an area of 22.333 Acres. (Refer to Parcel 2 as shown on Exhibit "A") The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Multiple Family Residential (RM-4): Parcel 3: Beginning at the southeast corner of this parcel of land and on the north side of a Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,657.68 feet South and 20,806.56 feet West, thence running by azimuths measured clockwise from true South: 1. 94° O1' 14" 40.26 feet along a Homestead Road; 2. 118° 45' 54" 358.97 feet along a Homestead Road; 3. 112° 40' 1,377.75 feet along a Homestead Road; 4. 185° 10' 638.08 feet along a Government Land; 5. 292° 10' 1,959.10 feet along th e remainder of Grant 2972 to Kaapau and Kama; -4' 6. 22° 10' 650.94 feet along the remainder of Grant 2972 to Kaapau and Kama to the point of beginning and containing an area of 26.636 Acres. (Refer to Parcel 3 as shown on Exhibit "A") The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Neighborhood Commercial (CN-10): Parcel 4: Beginning at the southwest corner of this parcel of land and on the north side of a Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,657.68 feet South and 20,806.56 feet West, thence running by azimuths measured clockwise from true South: 1. 202° 10' 650.99 feet along the remainder of Grant 2972 to Kaapau and Kama; 2. 292° 10' 510.00 feet along the remainder of Grant 2972 to Kaapau and Kama; 3. 22° 10' 483.79 feet along the remainder of Grant 2972 to Kaapau and Kama; 4. 94° O1' 14" 536.69 feet along a Homestead Road to the point of beginning and containing an area of 6.643 Acres. (Refer to Parcel 4 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 applicant shall -5- consummate a water agreement to provide water for the remaining units with the Department of Water Supply 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 agreement is consummated; (C) the Single Family Residential zoned areas shall be subdivided in two increments. The first increment shall consist of a maximum of 55 contiguous acres and the second increment the remaining area. Subdivision plans shall 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 single family 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 within one year from the date of receipt of tentative subdivision -6- approval; (E) plans for the Multiple Family Residential zoned area shall be submitted and Final Plan Approval secured within two years from the effective date of the change of zone; (F) construction of the units within the Multiple Family Residential zoned area shall commence (building permit) within one year from the date of receipt of Final Plan Approval and be completed within three years thereafter; (G) plans for the Neighborhood Commercial zoned area shall be submitted and Final Plan Approval secured prior to receipt of Final Subdivision Approval for the second zoning increment of the RS zoned area; (H) construction of the proposed development within the Neighborhood Commercial zoned area shall commence (building permit) within one year from the date of receipt of Final Plan Approval and be completed within three years thereafter; (Z) a drainage system shall be installed meeting with the requirements of the Department of Public Works; (J) the main access road and interior subdivision roads shall be provided with curbs, gutters and sidewalk improvements meeting with the approval of the Department of Public Works. Further, as may be required by the Department of Public Works, the existing north-south roads of the Kona Palisades Subdivision shall be extended through the proposed development. Additionally, prior to occupancy permits for any multi-family development the subdivision road shall connect to Kaiminani Drive below the community center. Pending the completion of said subdivision road, a construction road to accommodate construction traffic associated with on-site infrastructural work shall be constructed from the makai end of the subject property to the -7- actual area of development; (K) an archaeological data recovery and mitigation/interpretation plan shall be submitted for review and approval by the Planning Department, in consultation with the State Department of Land and Natural Resources, Historic Sites Section, prior to submitting preliminary subdivision plans of the first increment or prior to any land preparation activity, whichever occurs first; (L) 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; (M) 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 and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County 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 the applicant may transfer ownership in the -8- property to an affiliate or in a manner consistent with prior representations to the County Housing Agency; (N) a minimum area of four acres be set aside within the area for active park uses. The park shall be kept in private ownership and maintenance until such time that the applicant intends to dedicate it to and with the acceptance of the County. The exact location and configuration shall be determined at the time of subdivision approval of Increment 1 of the Single Family Residential (RS) zoned area. Minimum improvements shall be provided for the park area prior to issuance of occupancy permit for any development within the RM zoned area or prior to receipt of Final Subdivision Approval of the second increment for the Single Family Residential (RS) zoned area, and/or prior to the dedication to the County, whichever occurs first. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Directors of the Planning Department and the Department of Parks and Recreation. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: (1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the private park in perpetuity; and (2) empower the County, through the Director of the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of -9- failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work performed by the County has been reimbursed; (O) comply with all other applicable laws, rules, regulations and requirements, including those of the State Land Use Commission; (P) 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 developers' election, be satisfied by the performance in accordance with the requirements of the Unified Impact Fees Ordinance; (Q) 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, (R) 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 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 the General Plan or Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting -10- 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 applicants should require an additional extension of time, the Planning Director shall submit the applicants' 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. This ordinance shall take effect upon its approval. INTRODUCED BY: ~'~fw L4 COUNC MEMBER, COUNT OF HAWAII Hilo, Hawaii Date of Introduction: Februar~~ 20, 1991 Date of 1st Reading: February 20, 1991 Date of 2nd Reading: March 6, 1991 Effective Date: March 15, 1991 -11-