HomeMy WebLinkAboutORD 1993-118 1992-1994t
COUNTY OF HAWAII.,,..„,``~TATE OF HAWAII
BILL NO. S
(Draft 6)
ORDINANCE NO. 93 118
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 HIENALOLI 4TH, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-5-10:PORTION 62.
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 property described hereinafter as
follows:
The district classification of the following area
situated at Hienaloli 4th, North Kona, Hawaii, shall be
Single Family Residential (RS-15):
Beginning at the Southwesterly corner of this parcel of
land, being also the Northwesterly corner of Lot 75 of
Kona Heights Subdivision, Increment I (File Plan 1075),
and being a point on the Easterly side of Queen Kaahumanu
Highway (F.A.P. No. 11-A-03-69) the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "KAILUA (NORTH MERIDIAN)" being
1,380.79 feet South and 4,803.08 feet East and running by
azimuths measured clockwise from True South:
Thence, following along the Easterly side of Queen
Kaahumanu Highway (F.A.P.
No. 11A-03-69) on a curve to
the left with a radius of
4,961.07 feet, the chord
azimuth and distance being:
1. 141° 42' 12.3" 164.38 feet to a point;
Thence, for the neat five (5) courses following along the
middle of stonewall and along Land Commission Award 7716,
Apana 5 to Keelikolani, the direct azimuths and distances being:
2. 255° 08' 10" 677.48 feet to a point:
3. 261° 36' 654.10 feet to a point;
4. 341° 32' 25.17 feet to a point;
5. 250° 02' 30" 1,113.65 feet to a point;
6. 252° 56' 30" 646.91 feet to a point;
7. 345° 13' 222.30 feet along Lot 2 of this
subdivision and along the
remainders of Parcel 1-A and
Royal Patents 1600 and 1930,
Land Commission Award 387,
Part 4, Section 2 to the
American Board of Commissioners
for Foreign Missions to a point;
Thence, for the neat thirteen (13) courses following along
Land Commission Award 8524-B, Part 3 to Peke:
8. 75° 13' 30.00 feet along Lots 56 and 57 of
Kona Heights Subdivision,
Increment II (File Plan 1077)
to a point;
9. 72° 12' 294.60 feet along Lots 57, 58, 59, 60
and 61 of Kona Heights
Subdivision, Increment II (File
Plan 1077) to a point;
10. 72° 05' 340.60 feet along Lots 61, 62, 63, 64
and 65 of Kona Heights
Subdivision, Increment II (File
Plan 1077) to a point;
11. 74° 38' 283.50 feet along Lots 65, 66, 67 and
68 of Kona Heights Subdivision,
Increment II (File Plan 1077)
to a point;
12. 76° 19' 204.20 feet along Lots 68 and 69 of
Kona Heights Subdivision,
Increment II (File Plan 1077),
along Lot 126 of Kona Heights
Subdivision, increment i (File
Plan 1075) and along the
Northerly end of Kakalina
Street to a point;
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13.
70° 14' 187.10 feet along Lots 108, 109 and
110 of Kona Heights
Subdivision, Increment I (File
Plan 1075) to a point;
14. 72° 33'
15
352.40 feet along Lots 110, 111, 112,
113, 114 and 116 of Kona
Heights Subdivision,
Increment I (File Plan 1075) to
a point;
77° 39' 220.50 feet along Lots 116, 117, and
118 of Kona Heights
Subdivision, Increment I (File
Plan 1075) to a point;
16. 82° 26'
17.
18.
19.
20.
246.60 feet along Lots 118 and 119 of
Kona Heights Subdivision,
Increment I (File Plan 1075),
along the Northerly end of Welo
Street and along Lot 55 of Kona
Heights Subdivision,
Increment I (File Plan 1075) to
a point;
85° 26' 176.30 feet along Lots 55, 56 and 57
of Kona Heights Subdivision,
Increment I (File Plan 1075) to
a point;
77° 04' 400.60 feet along Lots 57, 58, 59, 60
and 61 of Kona Heights
Subdivision, Increment I (File
Plan 1075) to a point;
83° 05' 173.80 feet along Lots 73 and 74 of
Kona Heights Subdivision,
Increment I (File Plan 1075) to
a point;
75° 05' 117.72 feet along Lots 74 and 75 of
Kona Heights Subdivision,
Increment I (File Plan 1075) to
the point of beginning and
containing an area of 13.534
Acres, more or less.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
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SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicant, its
successors or assigns shall be responsible for complying with
all of the stated conditions of approval; (B) subdivision plans
shall be submitted and Tentative Subdivision Approval secured
within one (1) year from the effective date of this ordinance.
Final Subdivision Approval shall be secured within three
(3) years thereafter; (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, which shall be consistent with the
interim affordable housing policy of the County as contained in
the Hawaii County Housing Agency Resolution No. 65 or
subsequent policies. 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 further that the applicant may transfer
ownership in the property to an affiliate or in a manner
consistent with prior representations to the County Housing
Agency; (D) the applicant shall provide improvements to the
project's Queen Kaahumanu Highway-Nani Kailua Drive
intersection in a manner meeting with the approval of the State
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Department of Transportation and the Department of Public
Works; (E) interior subdivision access roadways and the
extension of Melelina, Kakalina and Kawena Streets to service
the project site shall be constructed in a manner meeting with
the approval of the Department of Public Works. The extensions
of Kakalina and Kawena Streets shall be e$tended as through
streets to the northern boundary of the subject property and
shall be constructed to County-dedicable standards which
include curb, gutter, and sidewalk improvements, in conjunction
with Final Subdivision Approval and dedicated to the County
thereafter. The applicant shall construct the private interior
subdivision roadways with a minimum pavement width and a number
of off-street parking spaces per roadway, sufficient to assure
full access and turn around areas for fire protection services;
(F) prior to or concurrently with its submittal of a
preliminary subdivision plan to the Planning Department, the
applicant shall prepare and submit to the State Department of
Transportation and the Department of Public Works for their
respective reviews and approvals, an access plan proposal to
construct a "right out only" connection of Aloha Kona Drive
with the northbound lane of Queen Kaahumanu Highway. Should
such access plan proposal be approved and permitted by both
agencies, the applicant shall construct the required
improvements prior to Final Subdivision Approval. The entire
cost for the design and construction of the access improvements
shall be the responsibility of the applicant; (G) the applicant
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shall construct intersection improvements along Nani Kailua
Drive prior to final subdivision approval, as required by the
Department of Public Works which may include but not be limited
to curbing, sidewalk improvements, striping and stop signs;
(H) in lieu of the actual construction of improvements as
required in Conditions F and G, the applicant may enter into an
agreement with the Planning Department to assure the County
that the improvements will be constructed by way of a surety
bond, certified check or other security acceptable to
Corporation Counsel and the Planning Department; (I) To control
and minimize any on-going disturbances to surrounding
residences caused by construction noise, odor and dust, the
applicant shall cluster the construction of all dwellings so
that residential development occurs in phases; (J) to ensure
that the Goals and Policies of the Recreation Element of the
General Plan are implemented, the applicant shall contribute a
monetary fee to the County of Hawaii to be used for park
equipment in the Kailua-Kona area of North Kona in the sum of
one hundred thousand dollars ($100,000). This monetary fee
shall be paid prior to final subdivision approval and shall be
credited towards satisfying a portion or all of the applicant's
fair share contribution to the recreational assessment; (K)
drainage system improvements, including Flood Insurance Rate
Map (FIRM) revisions, if required, shall be constructed in a
manner meeting with the approval of the Department of Public
Works, prior to Final Subdivision Approval; (L) restrictive
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covenants in the deeds of all the proposed residential 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; (M) 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; (N) all other
applicable laws, rules, regulations and requirements shall be
complied with, including those of the Departments of Health and
Public Works; (O) 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 shall be credited towards the requirements of the
Unified Impact Fees Ordinance; (P) 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
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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, (Q) 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
(ie. 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
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 the 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:
f ~~
COUNCIL MEM ER, COU~['Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Readinq:
Date of 2nd Reading:
Effective Date:
September 22, 1993
September 22, 1993
November 17, 1993
November 29, 1993
APPROVED AS TO FORM AND LEGALITY:
C~~1S-~-~-- ~ _l_~Cz~
~{:.t,UTx, CORPORATION COUNSEL
DATED: NOy ~ ~ ~9~3
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U N P L: A N N C O
UNPLANN
SIN6L.E
RCSIDENTIAL
AREA = 13-534 ACRES
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IT TO THE ZONING CODE
AMENDiN6 SECTION 25-87 (NORTH KONA ZONE MAP)
ARTICLE 3, CHAPTER ~5 (ZONING CODE) OF THE
HAWAII COUNTY CODE 19y CHANGING THE DISTRICT
CLASSIFiCAT10N FROM UNPLANNED (U) TO SINGLE
FAMiL7' IQE3IDENTIAL ~ZQS-15) AT HIENALOLI 4TH,
)NORTH KONA, HAWAII.
PREPARED 8Y = Iot.ANNIN6 DEPARTMENT
COU NT7 of HAWAtI
K = 7-5-10 = FOR_ 62
OCT- t7~ i°-»2
EXHIBIT "A"
(M,gftY~ ~EVC-LOpMENT~ INC-~
CRS-1