HomeMy WebLinkAboutORD 1993-036 1992-1994COUNTY OF HAWAII :::STATE OF HAWAII
BILL NO. s
(Draft 3)
ORDINANCE NO. 93 36
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a), (A-l0a) and (A-3a) TO RESIDENTIAL AND
AGRICULTURAL (RA-la) AT KUKUAU 1ST, SOUTH HILO, HAWAII, COVERED
BY TAX MAP KEY 2-4-08:PORTIONS OF 14 AND 26.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-114, 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 Kukuau 1st, South Hilo, Hawaii, shall be
Residential and Agricultural (RA-la):
PARCEL 1:
Beginning at the north corner of this parcel of land and
on the east boundary of Lot 10-F, Land Court
Application 1205, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALAI" being 12,597.15 feet South and
6,231.73 feet West, and thence running by azimuths
measured clockwise from True South:
1. Following along the remainder of Lot 135, along a
curve to the left with a
radius of 1,870.00 feet,
the chord azimuth and
distance being:
282° 22' 17.5" 707.76 feet;
2. 32° 49' 26" 184.21 feet along Government Land
of Waiakea;
3. 37° 21' 16" 1,194.70 feet along Government Land
of Waiakea;
4. 186° 03' 45" 1,263.17 feet along Lot 10-E and
Lot 10-F, Land Court
Application 1205, to the
point of beginning and
containing an area of
10.033 Acres. (Refer to
Parcel 1 as shown on
Exhibit "A".)
The district classification of the following area
situated at Kukuau 1st, South Hilo, Hawaii, shall be
Residential and Agricultural (RA-la):
PARCEL 2:
Beginning at the west corner of this parcel of land and
being the north corner of Lot 10-F, Land Court
Application 1205 (Map 7), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALAI" being 9,962.56 feet South and
6,330.23 feet West, and thence running by azimuths
measured clockwise from True South:
1. 216° 18' 56" 307.28 feet along Portion of
Royal Patent 5706, Land
Commission Award 8521-B,
Part 2 to G. D. Hueu;
2. 207° 13' 41" 909.21 feet along Portion of
Royal Patent 5706, Land
Commission Award 8521-B,
Part 2 to G. D. Hueu;
3. 232° 32' 43" 112.82 feet along Portion of
Royal Patent 5706, Land
Commission Award 8521-B,
Part 2 to G. D. Hueu;
4. 265° 40' 1,906.98 feet along the remainder
of Lot 135 and remainder
of Lot 136;
5. 355° 40' 983.19 feet along the remainder
of Lot 136 and remainder
of Lot 135;
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6. 33° 07' 40" 45.04 feet along Government Land
of Waiakea;
7. 50° 30' 58" 834.00 feet along Government Land
of Waiakea;
8. 9° 06' 41" 1,020.86 feet along Government Land
of Waiakea;
9. 20° 46' 39" 193.01 feet along Government Land
of Waiakea;
10. 38° 26' 41" 1,071.07 feet along Government Land
of Waiakea;
11. 32° 49' 26" 570.33 feet along Government Land
of Waiakea;
12. Thence along the remainder of Lot 135, along a curve
to the right with a radius
of 1,870.00 feet, the
chord azimuth and distance
being:
102° 22' 17.5" 707.76 feet;
13. 186° 03' 45" 1,736.97 feet along Lot 10-F, Land
Court Application 1205;
14. 162° 44' 15" 950.13 feet along Lot 10-F, Land
Court Application 1205 to
the point of beginning an3
containing and area of
153.479 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A".)
The district classification of the following area
situated at Kukuau 1st, South Hilo, Hawaii, shall be
Residential and Agricultural (RA-la):
PARCEL 3:
Beginning at the south corner of this parcel of land and
on the westerly boundary of Government Land of Waiakea,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being
9,674.18 feet South and 3,666.88 feet West, and thence
running by azimuths measured clockwise from True South:
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1. 175° 40' 983.19 feet along the remainder
of Lot 135 and remainder
of Lot 136;
2. 265° 40' 717.35 feet along the remainder
of Lot 136;
3. 29° 54' 40" 509.46 feet along Government Land
of Waiakea;
4. 33° 07' 40" 708.07 feet along Government Land
of Waiakea to the point of
beginning and containing
an area of 8.326 Acres.
(Refer to Parcel 3 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 required water
commitment payment for the development shall be submitted 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; (C) subdivision plans for
the proposed development shall be submitted to the Planning
Department within one year from the effective date of the
change of zone. Final Subdivision Approval shall be secured
within two years from the date of receipt of Tentative
Subdivision Approval; (D) the Saddle Road (Puainako Street),
Kupulau Street and Kawailani Street extensions affecting the
subject property shall be delineated on preliminary and final
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subdivision plans to allow for a right-of-way. These street
extensions shall be fully graded at a vertical alignment
meeting with the approval of the Department of Public Works in
conjunction with Final Subdivision Approval. The Mohouli
Street/Ainako Avenue roadway segment which affects the subject
property shall be constructed to county-dedicable standards in
a manner meeting with the approval of the Department of Public
Works prior to the issuance of Final Subdivision Approval for
the proposed development. The cost of the roadway extension
improvements shall be borne by the applicant and shall be
credited and limited to the amount of the applicant's fair
share contribution for road and traffic improvements. In lieu
of the actual construction of the roadway extension
improvements the applicant may elect to enter into an agreement
with the County, together with the appropriate bond, surety
bond or other security deemed acceptable by the Planning
Director for the construction of the said roadway extension
improvements; (E) intersection improvements, including the
design and construction of traffic signals and related
improvements other than channelization, shall be installed at
the Kukuau-KOmohana Street intersection meeting with the
approval of the Department of Public Works by July 1994; and
intersection improvements, including the design and
construction of traffic signals and related improvements
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shall be installed at the Mohouli-Komohana Street intersection
meeting with the approval of the Department of Public Works in
conjunction with the construction of the Mohouli/Ainako roadway
extension; (F) as represented by the applicant, 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
review and approval prior to final subdivision approval. A
copy of the approved covenant shall be recited in an instrument
executed by the applicant and the county and recorded with the
Bureau of Conveyances likewise prior to final subdivision
approval; (G) to ensure that the goals and policies of the
Housing Element of the General Plan are implemented, the
applicant shall secure the concurrence of the County Housing
Agency, upon the recommendation of the Office of Housing and
Community Development, that the applicant's affordable housing
requirements, if any, have been fulfilled prior to the issuance
of final subdivision approval; (H) access to the development
shall meet with the approval of the Department of Public
Works. Access to the proposed lots shall be via the existing
Kukuau-Komohana intersection and via the proposed Mohouli
Street to Ainako Avenue in which the roadway segment between
Kukuau Street and the Ponahawai golf course's southerly
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boundary shall be constructed by the, applicant to county
dedicable standards up to the length adjoining the Ponahawai
golf course's southerly boundary, provided that the road
improvements of the proposed Ponahawai golf course have
received final approval and the road improvements have been
bonded. In the event that the proposed Ponahawai golf course
development does not come to fruition, the applicant shall
provide, in lieu of constructing the county dedicable roadway
segment adjoining the golf course's southerly boundary, a
contribution of three hundred thousand dollars ($300,000); (I)
drainage improvements shall meet with the approval of the
Department of Public Works; (J) the method of sewage disposal
shall meet with the approval of the Department of Health; (K)
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; (L)
all other applicable laws, rules, regulations and requirements
shall be complied with; (M) should the Council adopt a Unified
Impact Fees Ordinance setting forth criteria for the imposition
of eaactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of
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the Unified Impact Fees Ordinance; (N) 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, (O) 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 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 addition 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
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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 Y:
CO CIL MEMBE COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
February 24, 1993
February 24, 1993
April 7, 1993
APR 2 3 t~~'~
APPROVED AS TO FORM AND LEGALITY:
G1`~
pEPU7Y CORPO ION COUNSEL
DATE: APR 2 ~ ~~3.
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ROBIN J. YAHIKU
County Clrrk
COLI1~`I'Y COLII~[CIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
NOTE
CONSTANCE R. KIRIU
Deputy County Clerk
HARRY A. TAKAHASHI
legislative Auditor
On Bill No. 3 (Draft 3) Ordinance No. 93-36 ,
reference is made to a map attached hereto, marked
Exhibit "?1 ".
Said Exhibit is not part of the duplicate copies of
this ordinance, due to its size, but is available for
viewing in the Office of the County Clerk.
If further information is needed, call 961-8255.
Robin J. Yahiku
COUNTY CLERK