HomeMy WebLinkAboutORD 1992-039 1992-1994COUNTY OF HAWAII STATE OF HAWAII
' BILL NO. 583
92 39
ORDINANCE NO.
AN ORDINANCE AMENDING THE METES AND BOUNDS DESCRIPTION OF
ORDINANCE NO. 89-143, WHICH AMENDED SECTION 25-88 (SOUTH KONA
ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-10) AND
(RS-15) AT KEEKEE 1ST AND 2ND, SOUTH KONA, HAWAII, COVERED BY
TAX MAP KEY 8-1-03:7, AND PORTIONS OF 20 and 60.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 89-143 is amended as follows:
"SECTION 1. Section 25-88, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Keekee 1st, South Kona, Hawaii, shall be
Single Family Residential (RS-10):
Parcel 1
[Beginning at the Southeasterly corner of this parcel of
land, being also the Westernmost Corner of Lot 26 and the
Southernmost corner of Lot A-6-A-13, of Land Court
Application 1609, the coordinates of said point of
beginning referred to .Government Survey Triangulation
Station "PUU OHAU", being 1,019.13 feet North and 9,904.73
feet East and running by azimuths measured clockwise from
True South:
1. 69° 11' 329.34 feet along Royal Patent 6322,
Land Commission Award 7036,
Apana 1 to Kahue to a point;
2. 69° 26' 327.42 feet along Royal Patent 6322,
Land Commission Award 7036,
to Kahue to a point;
3. 166° 48' 30" 195.55 feet along the remainders of
Royal Patent 3864, Land
Commission Award 7210,
Apana 1 to Kini and Royal
Patent 3866, Land Commission
' Award 8157, Apana 1 to
Kuapehu to a point;
4. 256° 48' 30" 100.46 feet along Lot A-4-F of Land
Court Application 1609 to a
point;
5. 251° 18' 86.76 feet along Lot A-4-F of Land
Court Application 1609 and
along the Southerly end of
Alalani Street to a point;
6. 240° 32' 30" 70.77 feet along the Southerly end
of Alalani Street and along
Lot A-4-G of Land Court
Application 1609 to a point;
7. 236° 30' 30" 64.12 feet along Lot A-4-G of Land
Court Application 1609 to a
point;
Thence, for the next six (6) courses following along
Lot A-6-A-15 of Land Court Application 1609:
8. 341° 57' 30" 153.22 feet to a point;
9. 249° 34' 30" 23.04 feet to a point;
10. 239° 40' 70.28 feet to a point;
11. 230° OS' 40.08 feet to a point;
12. 235° 00' 50.00 feet to a point;
13. 253° 40' 43.00 feet to a point;
14. 244° 40' 60.37 feet along Lot A-6-A-15 of
Land Court Application 1609
and along the Southerly end
of Kihapai Street to a point;
15. 316° 08' 30" 96.24 feet along Lot A-6-A-13 of
Land Court
Application 1609 to the
point of beginning and
containing an area
of 1.906 Acres. (Refer to
Parcel 1 as shown on
Exhibit "A").]
of Lot A-6-A-13 of Land Court Application 1609 and being
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y
316' O8' 30" 96.24 feet along Lot A-6-A-13 of
Land Cou rt Applicat ion 1609
to a poi nt ;
2~ 4~ 44' 13.40 feet alo ng Royal Pa tent 6322
Land Commi ssion Awa rd 7036 to
Kahue to a point;
~ 57° ~ 16.10 feet alo ng middle o f
stonewal l and alono Royal
Patent 6 322. Land C ommission
Award 70 36 to Kahue to a
in
1 680 55, Q feet alo ng middle o f
stonewall and along Royal
Patent 6 32 2, Land C ommission
Award 70 36 to Kahue to a
in
~ 72° ~Q' 30.70 feet alo ng Roval Pa tent 6322
Land Com mi ssion Awa rd 7036 to
Kahue to a point:
Then ce fo r the next fif teen (15 ) course s following along
midd le of stonewall and along Ro val Pate nt 6322 La nd
Commission Award 7036 to Kahue:
~ ~ 2~ 16.30 feet to a point:
7s ~7° 40' 18.20 feet to a point;
8. 71° ~5' Sz7.10 feet to a point;
~ 79° 5,~' 15.40 feet to a point:
10, §Q 58, 33.40 feet to a point:
4° 57, 44.00 feet to a point:
1~ ~5° ~ 51.50 feet to a point;
13. 73' 25' 47.90 feet to a point:
14s 66' 30' 43.70 feet to a point:
15. §~' 41' 30.60 feet to a point;
16. 59° 22' 41.10 feet to a point:
-3-
1~ 72° 18, 47.10 feet to a point;
1~ 74° 56, 53.70 feet to a point;
1~. 71° ~ 59.20 .feet to a point;
20 2~° 2~' 23.56 feet to a point:
166' 48• 30" 198.39 feet al ong the remainde rs of
Royal P atent 3864 Land
Commiss ion Award 7210.
Agana 1 to Kini and Roy al
Patent 3866, Land Commi ssion
Award 8 157. Agana 1 to
Kuapehu to a point;
2~ 256° 48' ~Q" 100.46 feet al ong Lot A-4-F of Land
Court A pplication 1609 to a
in
23• 251" 18' $6.76 feet al ong Lot A-4-F of Land
Court A pplication 1609 and
along t he Southerly end of
Alalani Street to a
.poi nt:
.
2~ 240' 32' ~Q" X77 feet al ong the Southerl y end
Qf Alal ani Street and a long
Lot A-4-G of Land Court
Applica tion 1609 to a p oint:
~° 30, 30„ 64.12 feet al ong Lot A-4-G of Land
Court A pplication 1609 to a
in
Then ce, fo r the next six [6) co urses fo llowing along
Lot A-6-A-15 of Land Court Application 1609:
26. 3410 ~ ,3Q" 153.22 feet to a point;
27. 249` ~4' 3~" 23.04 feet to a point;
28. 239' 40' ~,2$ feet to a point;
29. 2 Q$' 40.08 feet to a point:
30• 2 QQ' 50.00 feet to a point:
3~ 253' 40' 43.00 feet to a point:
32. 244° 40' 60.37 feet al ong Lot A-6-A-15 of
Land Co urt Application 1609
and alo ng the Southerly end
of Kiha pai Street to the
point o f beginning and
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containing an area of 1 988
Acres (Refer to Parcel 1 as
shown on Exhibit "A").
The district classification ,of the following area situated
at Keekee 1st and 2nd, South Kona, Hawaii, shall be Single
Family Residential (RS-15):
Parcel 2
[Beginning at the Northeasterly corner of this parcel of
land,. being also the Southeasterly corner of Lot 21 of Kona
Scenic Subdivision, Unit I (File Plan 1456), the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "PUU OHAU" being 1,327.11 feet North
and 9,073.37 feet East and running by azimuths measured
clockwise from True South:
1. 350° 50' 33.98 feet along Lot A-3 of Land
Court Application 1609 to a
point;
2. 354° 32' 184.00 feet along Lot A-3 and
Lot A-4-D of Land Court
Application 1609 to a point;
3. 355° 03' 165.24 feet along
Lot A-4-D and A-4-E of Land
Court Application 1609 to a
point;
4. 256° 48' 30" 138.80 feet along Lot A-4-E of Land
Court Application 1609 to a
point;
5. 346° 48' 30" 195.55 feet along the ,remainders of
Royal Patent 3866, Land
Commission Award 8157,
Apana 1 to Kuapehu and Royal
Patent 3864, Land Commission
Award 7210, Apana 1 to Kini
to a point;
Thence, .for the next eight (8) courses following along Royal
Patent 6322, Land Commission Award 7036 to Kahue:
6. 69° 26'
7. 82° 24' 40"
8. 342° 17' 30"
88.36 feet to a point;
313.42 feet to a point;
67.96 feet to a point;
-5-
9. 259° 03' 64.59 feet to a point;
10. 258° 09' 30" 154.90 feet to a point;
11. 262° O1' 83.99 feet to a point;
12. 268° 21' 49.09 feet to a point;
13. 258° 09' 102.71 feet to a point;
14. 357° 07' 30" 82.06 feet along Royal
Patent 3883, Land
Commission Award 9753-B,
Apana l to Paiwa to a
point;
15. 346° 29' 50.09 feet along Royal
Patent 3833, Land
Commission Award 9753-B,
Apana 1 to Paiwa to a
point;
16. 78° 52' 251.26 feet along Royal
Patent 4034, Land
Commission Award 8455-E,
Apana 1 to Pauope to a
point;
17. 75° 02' 30" 104.16 feet along the remainder
of Grant 866 to Kapule to
a point;
18. 155° 48' 15" 125.45 feet along the remainders
of Grant 866 to Kapule and
Grant 977 to Panaunau to
a point;
19. 79° 03' 108.05 feet along the remainder
of Grant 977 to Panaunau
to a point;
20. 5° 00' 26.47 feet along the remainder
of Grant 977 to Panaunau
to a point;
Thenc e, for the nest four (4) courses following along
Grant 866 to Kapule:
21. 76° 57' 101.26 feet to a point;
22. 81° 34' 85.63 feet to a point;
23. 89° 07' 133.23 feet to a point;
24. 79° 56' 30" 152.48 feet to a point;
-6-
Thence, for the next five (5) courses following along the
remainder of Grant 977 to Panaunau:
25. 175° 54' 30" 333.18 feet to a point;
26. 271° 17' 30" 56.46 feet to a point;
27. 187° 45' 30" 174.98 feet to a point;
28. 197° 24' 30" 102.93 feet to a point;
29. 184° 59' 157.50 feet to a point;
30. 268° 54' 30" 194.80 feet along Government Land
(County of Hawaii) to a
point;
31. 258° 46' 30" 73.41 feet along Government Land
• (County of Hawaii) to a
point;
32. 271° 04' 30" 165.08 feet along Lot 22 of Kona
Scenic Subdivision and
along the Southerly end of
Muli Street to a point;
33. 258° 28' 136.49 feet along the Southerly
end of Muli Street and
along Lot 21 of Kona
Scenic Subdivision, Unit I
(File Plan 1456) to the
point of beginning and
containing an area of
12.387 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A").]
Bea innino at the Northe asterly corner of this parcel of
lan d, bein g also the Sou theaste rlv corner of Lot 21 of
feet East and running by azimuths measured clockwise from
True South•
~ 350° r~ 33.98 feet along Lot A-3 of Land
CQUrt Aanlication 1609 to a
in
2. 3540 32' 184.00 feet along Lots A-3 and A-4-D
of Land Court Anolication 1609
to a point•
-7-
~ ~~ Q~' 1G,5 24 feet a long Lots A-4-D and A-4-E
of Lan d Court Applicat ion 1609
to a p oint:
s 256' 4$' 30„ 1~$~Q feet a long Lot A-4-E o f Land
Court Appli cation 1609 to a
in
~ 346° 48' ~ 198.39 feet a long the remaind ers of
Royal Paten t 3866. Lan d
Commis sion Award 8157, Apana 1
to Kua pehu and Royal
Patent 3864 , Land Comm ission
Award 7210, Apana 1 to Kini to
a point:
Thence, fo r the next ten (10) co urses follo wing along middle of
stonewall and along Royal Patent 6322, Land Commission
Award 7036 to Kahue:
,¢,~ g2° 28• 4 feet t o a p oint:
1 79° 22' 42.00 feet t o a p oint;
$~ 84° 27' 52.50 feet t o a p oint:
~ 81' Z~' 46.80 feet t o a p oint;
1Qs 7~ 2~ ~2~Q feet t o a p oint;
11• 8U" 19' 113.90 feet t o a p oint:
1~ 75" 50' 70.43 feet t o a p oint;
13• 342° 11' 4 4 feet t o a p oint;
1~ 338' 32' 15.00 feet t o a p oint:
15• 310' 10' 8.50 feet t o a p oint;
~ 259' 48' 60.20 feet p artly along midd le of
stonew all a nd along Ro yal
Patent 6322. Land Comm ission
Award 7036 to Kahue to a point:
Then ce, fo r the next nine (9) courses follo wing along middle of
ston ewall and along Royal Patent 6322, Land Commission
Award 7036 to Kahue:
17~ 257' 32' 43.00 feet t o a p oint:
1~. 259' 02' 56.10 feet t o a p oint:
19• 258' ~ 48.70 feet t o a p oint:
-8-
2Q,_. 347° ~ 7.40 feet to a point :
260' 02' 4~2Q feet to a point ;
22s 2 1° 21' $4.90 feet to a point ;
23• 2590 ~7' 64.60 feet to a point ;
24• 257' 20' 21.00 feet to a point ;
25• 260" 2' 24.20 feet to a point ;
Thenc e, fo r the next t hree (3) c ourse s fol lowin g along mid dle
of st onewa ll and along Roval Pat ent 3 883, Land Commiss ion
Award 9753 -B, Anana 1 to Paiwa:
26• 3580 ~2' 47.30 feet to a point ;
2~7 .. 3550• 20, 34.70 feet to a point ;
28. 345' ~ 49.00 feet to a point ;
Then ce, fo r the next s even [7) c ourse s followin g alona mid dle
of s tonewa ll and along Roval Pat ent 4 034. Land Commiss ion
Awar d 8455 -E. Anana 1 to Pauole:
29. 77° 11, 82.70 feet to a point ;
30• QQ° ~ 30.50 feet to a point ;
31• 7~° ~7' 41.90 feet to a point ;
~2 75" 51' 7~,4_Q feet to a point ;
33• 91° O9' 25.40 feet to a point ;
34• 74° 12' 47.30 feet to a point :
~ ~ ~ ~,~ feet to a point :
36• 155' 4~' 2~ 128.52 feet along the remaind ers of
I~ot 2 and Grant 866 to Ka pule
and a long the r emainde rs of
Lot 4 and Grant 977 to Panaunau
to a point ;
~2.,_ 8U' 46' 98.04 feet along the remaind ers of
Lot 4 and Grant 977 to Panaunau
to a point :
38• ~ 00, ~~2 feet along the remaind ers of
Lot 4 and Grant 977 to Panaunau
to a point ;
-9-
Then ce fo r the n ext eleven [11) cou rses f ollowing alon^ middle
of s tonewa ll alo ng Lot 2 and al ong Grant 866 to Kanule•
39• 7~ Q,~ 28.79 feet to a point;
~ 7~° ~ 51.00 feet to a point;
41L 75' O8' 27.50 feet to a voint:
4~ 780 21' 45.70 feet to a point;
43• $,~ 20• 30.90 feet to a point;
44~ ~ ~ 72.50 feet to a point;
45• g7° O8, 36.10 feet to a point:
46• 8y° 52' 34.00 feet to a point;
84° 10' 26.50 feet to a point;
48• 79° y~ 79.00 feet to a point:
49• 77° 57' 47.12 feet to a point;
50• 185" 52' ~9 QQ feet along the remainder of
Gran t 977 to Panaunau:
Then ce, fo r the next seventeen ( 17) course s following along
midd le of stonew all and along th e re mainde r of Grant 977 to
Pana unau•
51• 17 20, 68.20 feet to a point;
52• 176" 4$' 44.50 feet to a point;
53• 1~' 10' 49.50 feet to a point;
173" 19' 76.80 feet to a point:
~5. 175' 23' y~,$Q feet to a point:
56. 177° 27' 19.80 feet to a point:
57• 271' 1$' ,~~Q feet to a point;
58• 186" 25' 37.50 feet to a point;
~ 1900 17' 67.50 feet to a point;
60. 184° ~ 51.20 feet to a point:
61• 192' 54' 31.80 feet to a point;
~2 199' 20' 42.50 feet to a point;
-10-
63. 195" 44' 27.70 feet to a point:
6~ 187' O8, 33.20 feet to a point:
§~ 187° 55' .51.60 feet to a point•
66• 185° 11' 56.30 feet to a point;
~7 189' ~4' 35.63 feet to a voint;
~ 268' 54' 30" 199.80 feet along Lot 3 of Government
Land (County of Hawaii) to a
in
69. 258' 46' 30" 741 feet along Lot 3 of Government
Lind (County of Hawaii) to a
in
70• 271°• 04, .~ 165.06 feet along Lot 22 of Kona
Scenic Subdivision. Unit I
(File Plan 1456), along Royal
Patent 1670 to John D. Parish
Qn a vortion of Land Commission
Award 387. Part 4, Section 2 to
American Board of Commissioners
for Foreign Missions and along
the Southerly end of Muli
Street to a point•
258' 28' 136.49 feet along the Southerly end of
Muli street. along Lot 21 of
Kona Scenic Subdivision, Unit 1
{File Plan 1456) and along
Royal Patent 1670 to John D.
Parish on a vortion of Land
Commission Award 387, Part 4.
Section 2 to American Board of
~gmmissioners for Foreign
Missions to the voint of
beginning and containing an
area of 12.262 Acres. (Refer
to Parcel 2 as shown on
Exhibit "A").
All as shown on the map attached hereto, marked
Exhibit "A" (Revised) and by reference made a part hereof.
SECTION 2. This change in district classification is
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]Revised
-11-
subdivision plans shall be submitted for tentative approval
within one year from the effective date of [the change of zone]
this amendment. Revised final subdivision approval shall be
secured within one year from the date of receipt of tentative
subdivision approval; (C) 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 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; (D) The roadways within the RS-15
zoned area shall be constructed with curbs, gutters, and
sidewalks meeting with the approval of the Department of Public
Works prior to receipt of final subdivision approval; (E) That
an archaeological data recovery plan be submitted at the time
of subdivision review to the Department of Land and Natural
Resources, Historic Sites Section, and the Planning Department
for review and acceptance. The archaeological data recovery in
conformance with the accepted plan shall be completed prior to
any land alteration; (F) Should any unanticipated
archaeological/historic sites or features of importance be
uncovered during land preparation activities, work in the
affected area shall not resume until such time that clearance
is obtained from the Planning Director; (G) As agreed to by the
applicant, the applicant shall include restrictive convenants
in the deeds to prohibit the construction of ohana units on any
of the lots in the proposed subdivision; (H) All other
-12-
applicable laws, rules, regulations, and requirements be
complied with; (I) 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; (J) An annual progress report shall 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 shall remain
in effect until all of the conditions of approval have been
complied with and the Planning Director acknowledges that
further reports are not required; and, (K) 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 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; and 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
-13-
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 2. Material to be deleted is bracketed. New
material is underscored.
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
adoption.
INTRODUCED BY:
d'~i '
COUNCIL MEMBER, COUNTY ~F HAWAII
D"rE'1yi~
Hilo, Hawaii
Date of Introduction: April O1, 1992
Date of 1st Reading: April O1, 1992
Date of 2nd Reading: April 15, 1992
Effective Date: April 24, 1992
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATE: FEB 2 6 5~`~2
-14-
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~CALrs :
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1 RS-10 - 1
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A Rs io AQRIGULTURAL (,~l-5q)
TD SINGLE FAMfL~'
'F ,* RC51pCNTIAL (R,8-10)
o Q1 R'~ ~
AREA= 1.986 ACRES
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PARCCI_. ~ \
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AGRICULTURAL (A-5q)
To 5)NGLE FAMILY
RESIDENTIAL (IQ°3-15)
AREA = I~_Z62 ACRES
A-Sa
A-sq
A-sc,
AMENDMENT TO THE. ZONING CO
A-5q
1-~°
E
AMENDING SECTION ~5-88 (SOUTH I~ONA ZONE
MAF') ARTICLE 3, CHAF'TCR "25 (ZONING CODE)
OF THE }-iAWAtI COUNTY CODE', 13~( C1-IANGING
TH>= DISTRICT CLA351FIcATION FROM AGRICUL-
TUt~AL (A-5q) TO SINGLE FAMILY RESibGNT1AL
(RS-to) AND (1Q8-15) AT KEEKEE IS'r' AND AND,
SOUTH KONA, HAWAII_
PREPAREp BY PLANNINB DEPARTMENT
CouNTY of HA7NAll
TMK : B-I-oB : ~ AND PORTIONS Or ~o ~ 6e
JAN_ 9, I°_192
EXHIBIT rr Arr ~REVISSD~ (KONA SCL~NrC LAND, ING_~