HomeMy WebLinkAboutORD 1992-123 1992-1994COUNTY OF HAWAII, STATE OF HAWAII
BILL NO. 669
(Draft 3)
ORDINANCE NO. 92 123
AN ORDINANCE AMENDING SECTION 25-103 (PUNA DISTRICT ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO
AGRICULTURAL (A-la) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP
KEY 1-7-17:3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-103, 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 Olaa, Puna, Hawaii, shall be Agricultural (A-la):
Beginning at the northwest corner of this parcel of land,
also being the northeast corner of LOT 11-A (portion of
Grant 3978 to L. Turner) on the south side of South Road,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "OLAA" being
271.71 feet south and 814.55 feet west and running by
azimuths measured clockwise from true south:
1. 274° 45' 1,145.33 feet along South Road;
2. 23° 50' 100.29 feet along Volcano Road;
3. 94° 45' 128.51 feet along Grant 10703 to
Wataru Kuritani and Natsue
Kuritani and Government
Land;
4. 23° 20' 913.03 feet along Government Land
and Grant 8200 to Keaau
Land and Planting Company,
Ltd.;
5. 293° 40' 113.18 feet along Government Land
and Grant 10902 to Shigeo
Kan;
6. Thence along Volcano Road on a curve to the right
with a radius of 2,824.79 feet, the chord azimuth and
distance being:
25° 41' 19" 100.05 feet;
7. 113° 40' 108.38 feet along Grant 12516 to
Tsugimi and Sachiko
Nagasako and Government
Land;
8. 23° 20' 128.00 feet along Government Land;
9. 33° OS' 400.00 feet along Grant 8200:2 to
Keaau Land and Planting
Company, Ltd. and Grant
10742 to Olaa Sugar
Company, Ltd.;
10. 18° 05' 136.29 feet along Grant 10742 to
Olaa Sugar Company, Ltd.;
11. 298° 50' 45.12 feet along Grant 10742 to
Olaa Sugar Company, Ltd.;
12. Thence along Volcano Road on a curve to the right
with a radius of 2,824.79 feet, the chord azimuth and
distance being:
41° 18' 36" 92.68 feet;
13. 42° 15' 166.99 feet along Volcano Road;
14. 132° 15' 191.00 feet along Lot 10-C-1 and
Lot 10-C-2;
15. 42° 15' 308.92 feet along Lot 10-C-2;
16. 103° 55' 504.46 feet along Huina Road;
17. 122° OS' 148.99 feet along Huina Road;
18. 204° 56' 04" 1,988.42 feet along Lot 11-A to the
point of beginning and
containing an area of
45.945 acres.
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All as shown on the map attached hereto, marked
Exhibit "A" 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 plans shall be
submitted to the Planning Department within one year from the
effective date of the change of zone. [The plans to be
submitted shall indicate a 30-foot wide future road widening
easement along the property's entire South Road frontage,
exclusive of its access connection. ]The plans shall indicate
a "no access" planting screen easement along the Hawaii Belt
Road frontages of Lots 6, 35 and 36. Final Subdivision
Approval shall be secured within two years from the date of
receipt of Tentative Subdivision Approval;[ (C) a Traffic
Impact Analysis Report (TIAR) shall be prepared for the
proposed development, if required, for the review and approval
by the Departments of Transportation and/or Public Works, prior
to the submittal of plans for subdivision review; ]([D]C) the
applicant shall provide channelization improvements at the
intersection of the Hawaii Belt Road and [Huina]S h Road in a
manner meeting with the approval of the Departments of
Transportation and Public Works, prior to securing Final
Subdivision Approval. This requirement may be satisfied
through the execution of a bond with the County to ensure the
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construction of these improvements; ([E]D) interior subdivision
access roadways shall meet with the approval of the Department
of Public Works. Access shall not be permitted directly onto
the Hawaii Belt Road and Huina Road Access to the proposed
lots shall be via a 60-foot right-of-wav on the existing South
Road right-of-wav fronting the subject property. That portion
of South Road shall be improved to county dedicable standards
up to a length of 450 feet from the Belt Hiahwav Land along
the balance of the subject property fronting South Road shall
be set aside and delineated on the subdivision plans to allow
for a future 60-foot wide road, inclusive of the existing South
Road right-of-wav; ([F]E) access to the subject property shall
meet with the approval of the Departments of Transportation and
Public Works.[ The applicant shall provide off-site
improvements to that portion of Huina and South Roads fronting
the subject property as may be required by, and meeting with
the approval of, the Departments of Transportation and/or
Public Works]; ([G]F) drainage improvements, if required, shall
be provided in a manner meeting with the approval of the
Department of Public Works, prior to securing Final Subdivision
Approval of the proposed development; ([H]~) restrictive
covenants in the deeds of all the proposed lots shall prohibit
the construction of a second dwelling unit on each lot. A copy
of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Department for
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review and approval 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; (H) should any unidentified sites or
remains, such as artifacts, shell, bone or charcoal deposits,
human burials, rock or coral alignments, pavings or wall be
encountered, work in the affected area shall cease and the
Planning Department immediately notified. Subsequent work
shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative
measures have been taken; (I) all other applicable laws, rules,
regulations and requirements shall be complied with[, including
those of the Departments of Health, Transportation and Public
Works]; (J) 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 applicant's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; (K) 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 include, but not be limited to, the status of the
development and to what extent the conditions of approval are
being complied with. This condition shall remain in effect
until all of the conditions of approval have been complied and
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the Planning Director acknowledges that further reports are not
required; and, (L) 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
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 the 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 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.
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SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEM ER, C NTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
October 21, 1992
October 21, 1992
November 5, 1992
November 20, 1992
APPROVED AS TO FORM AND LEGALITY:
~~ ~~-_
DEP~R, COR TION COUNSEL
DATE:
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AMENDMENT TO THE ZONING CODE 1
AMENDINGi SEC'T'ION ~5-103 (PUNA DISTRICT ZONE t~'IAp)
ARTICLE 3, CHAPTEIQ Z3 (ZONTNL3 CODE) OF THE HAWAII
COUNTY CODE B7' CHANGING THE DISTRICT CLASSIFICA-
TION FROM AGRICULTURAL (A-2Oo) TO AGRICULTURAL
(A-fo) AT OLAA, PUNA, HAWAt1_
PREPARED 1°_Sy = PLANNING DEPARTMENT
oouNT7 ot= HAWAII
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EXHIBIT 11Q" (KA}°OHO pROpERTtSS~
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
Introduced By: Takashi Domingo
(Draft 3) ROI.,I.CL JO'I'E
Date Introduced: October 21, 1992 APES NOES ABS EX
First Reading: October 21, 1992 ARAKAKI X
Published: DE LIMA X
DOMINGO X
REMARKS HALE
AT.ONZO X
LAI X
KU X
RUDDLE
SCHUTTE
Second Reading: November 5, 1992 (Draf t 3) DOLL CALL VOTE
To Mayor: November 5, 1992
Returned: Nniremher BIZ,_ 1992 APES NOES ABS EX
Effective: Nnvemher 20 1992 ARAKAKI X
Published: D_e u emb e r 4 ,; . 1992 DE LIMA X
-DOMINGO X
REMARKS: LE X
ALONZO v
LAI X
MAXUAKANE X
RUDDLE X
SCHUTTE I X
I DO HEREBY IMY CERTIFY that the foregoing BILI, was adapted by the Count; Council and
published as indicated above.
APPPOVED. as t
and
'
COUNCIL CHAIRMAN
QRPORAT10�1 COUNSEL
COUNTY OF IHA`�IA
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ApprovUe N r this day
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MAYOR, coY P HAWAII Dill No.: 669 (Draft 3)
Reference:
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KEAAU MAINTENACE ASSOCIATION �
OCTOBER 8, 1992
TO WHOM IT MAY CONCERN:
It is our understan�ing that Kapoho Properties (hereinafter
referred to as "KP" ) intend to develop a l-acre subdivision
on a property identified by TMK: 1-7-17: 3. It is our
further understanding that KP and the County of Hawaii are
desirous of having vehicular access to said site from a
section of a road commonly referred to as South Road.
As President of the Keaau Maintenance Association, I have
been authorized to make the foIlowing representations:
We have no objections to a1lowing the developer ,
KP, its assigns, heirs or successors in interest ,
to use a section of the South Road between its
intersection with the Hawaii Belt Highway to any point ,
extenciing from said intersection for tne purpose of
constructing iia County dedicated standard road.
Upon contruction of said road, KP assigns,
heirs, or successors in interest would initiate
proceedings to have the improved section of said
road dedicated to the County.
Sincerely Yours
/
President Keaau Maintenance Association
R. S.
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