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Home My WebLink AboutORD 1992-004 1992-1994COUNTY OF HAWAII:.. , STATE OF HAWAII BILL NO. s3o ORDINANCE NO. 82 ~~ 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-15) AT KEAUHOU 1, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-10:50 (POR.) AND 7-8-11:6. 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 Keauhou 1, North Kona, Hawaii, shall be Single Family Residential (RS-15): Parcel 1: Beginning at the Southwest corner of this parcel of land, on the Southeasterly side of Kaluna Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 4,871.87 feet North and 3,579.38 feet East, thence running by azimuths measured clockwise from True South: 1. Along the Southeasterly side of Kaluna Street, on a curve to the right with a radius of 970.00 feet, the chord azimuth and distance being: 199° 24' 05" 256.53 feet; 2. 207° 00' 1,208.41 feet along the Southeasterly side of Kaluna Street; 3. Thence along the Southeasterly side of Kaluna Street, on a curve to the left with a radius of 2,4.30.00 feet, the chord azimuth and distance being: 205° 11' 154.07 feet; 4. 297° 00' 170.00 feet along the remainder of R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 5. 342° 00' 266.00 feet along the remainder of R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 6. 297° 00' 246.91 feet along the remainder of R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 7. 331° 46' 419.33 feet along the remainder of R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 8. 67° 15' 30" 738.73 feet along L.C. Aw. 7359 to Kalimaluhi; 9. 346° 49' 30" 160.61 feet along L.C. Aw. 7359 to Kalimaluhi; 10. 73° 52' 735.70 feet along L.C. Aw. 9702 to Pimoe and the remainder of R. P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu to the point of beginning and containing an Area of 19.388 Acres, more of less. (Refer to Parcel 1 as shown on Exhibit "A") -2- The district classification of the following area situated at Keauhou 1, North Kona, Hawaii, shall be Single Family Residential (RS-15): Parcel 2: Beginning at the Southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 5,135.94 feet North and 4,954.77 feet East, thence running by azimuths measured clockwise from True South: 1. 83° 34' 2. 185° 31' 30" 3. 166° 49' 30" 4. 247° 15' 30" 5. 292° 13' 30" 6. 24° 44' 30" 7. 359° 11' 8. 350° 28' 30" 674.45 feet along the remainder of L.C. Aw. 9701 to Apea; 16.00 feet along L.C. Aw. 9702 to Pimoe; 160.61 feet along L.C. Aw. 9697, Apana 2 to Nauki; 738.73 feet along R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 23.63 feet along R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 78.60 feet along R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 102.14 feet along R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu; 202.66 feet along R.P. 4475, L.C. Aw. 7713, Apana 7 to V. Kamamalu to the point of beginning and containing an Area of 4.330 Acres, more or less. (Refer to Parcel 2 as shown on Exhibit "A") -3- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classifications 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) subdivision plans shall be submitted to the Planning Department within one year from the effective date of this ordinance and tentative subdivision approval shall be secured within one year thereafter. Final Subdivision approval shall be secured within one year from the date of submitting final subdivision plans; (C) a drainage system shall be installed meeting with the requirements of the Department of Public Works; (D) access shall meet with the approval of the Department of Public Works. No lots shall have direct access from Kaluna Street. Interior roadways shall extend to the boundaries to provide connection with existing and future roadways to adjacent properties meeting with the approval of the Department of Public Works; (E) the frontage of the property along Kaluna Street shall be provided with curbs, gutters and sidewalks improvements in conjunction with final subdivision approval; (F) an archaeological data recovery and mitigation/interpretation plan, including burial determination and its mitigation, shall be submitted for review and approval by the Planning Department, in consultation with the State -4- Department of Land and Natural Resources, Historic Sites Section, prior to Final Subdivision Approval; (G) 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; (H) 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 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 property to an affiliate or in a manner consistent with prior representations to the County -5- Housing Agency; (I) as agreed to by the applicant, restrictive covenants in the deeds of all the residential 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. Written assurance for implementation of this condition, which has met with the approval of the Planning Department, shall be submitted to the Planning Department prior to final subdivision approval. A copy of a typically recorded covenant shall be filed with the Planning Department within one year from the date of final subdivision approval; (J) comply with all other applicable laws, rules, regulations and requirements; (K) 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; (L) 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 -6- reports are not required; and, (M) 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 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 of the change of zone; 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. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Gh7f~.K , ~tf • jY"~ COU CIL MEMBE COU OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: December 18, 1991 December 18, 1991 January 8, 1992 January 22, 1992 APPROVED AS TO FORM AND LEGALITY: C.~f-l~-~-~ ut~Up; CORPO ION COUNSEL DATED: f~u''~• ~ 1991 -8- T RU E NORTH I -~~t SGAt-C- - I" =400' -, 195- 94 N 4, 984.7 ~' V N P L g N N C p 'LJ) "KL~AI.JHOU COA~JT"A C / ~.~~~~i/ R 0115 ~ (3M-3.5 / ~ wT rzBns 0 UNPLANNED (U) TO'«t 91NGLE FAMILY X,~<'S. ResIDENTtAL (RS-15) :AREA c 19~.9RQ Gf_f:JFe L RM-3-S BEAU H oU S o~p ~.pURSC 0 'J Y P L G N N E p U, AR UNPLANNED (U) TO SINGLE FAMILY RE°SIOENTIAL (R~-IS) AREA = 4.390 ACRE°3 LL N P L A N N L o ~W ~\ 4.@71.89 N COAST" ~ HALE KCHAU RM-SS 0 / o 1~P `G L~AUHCu 3oLp ceu~ei lS ` ~ ~ J iQM-3 ! p ,\ O ,AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) ARTTCLC 3, CHAPTER ~S (ZONING CODE) OF THE HAWAII COUNT' CODE t3y CHANGING THE D15TRtCT CLASSIFICATION FROM UNPLANNED (Ll) TO SINGLE A1y1I1..7' RESIDEN'r1Al_. (RS-1S) AT fCEAUI-i0U t, NOFZTH I[ONA, 1-HAWAII. PF2EPARC-O Cjy = f~LANNINt3 L7EPAI'iTM ENT COUNTY of HAWAII K = 7-8-10 = SO(POR_) AND 7-B-II = 6 JAN_ I6, 1°»1 `CHIBIT 'IC'I IKAM EMAML+MA INVO~JTM GwT CORP7 _ ?'~