HomeMy WebLinkAboutORD 1994-098 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 4 ~ ~
(DRAFT 3)
ORDINANCE NO. 94 98
AN ORDINANCE AMENDING SECTION 25-109 (KA'U DISTRICT ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) AND
OPEN (0) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KEAUHOU, KA'U,
HAWAII, COVERED BY TAX MAP KEY 9-9-06:8(PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-109, 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 Keauhou, Ka'u, Hawaii, shall be Single Family Residential
(RS-15):
PARCEL 1:
Beginning at a point at the northeast corner of this parcel of
land and on the westerly side of Piimauna Drive, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "Uwekahuna" being 7,109.82 feet
North and 2,665.53 feet East and running by azimuths measured
clockwise from true South:
1. 350° 04'
99.46 feet along the westerly
side of Piimauna Drive;
thence along the westerly
side of Piimauna Drive
along a curve to the left
having a radius of
530.00 feet, the chord
azimuth and distance being:
2. 345° 17' 15" 88.31 feet;
3. 340° 30' 30"
4. 345° 24' 15"
5. 350° 18'
6. 342° 50' 30"
7. 335° 23'
8. 57° 43'
9. 152° 56' 30"
10. 245° 00'
315.37 feet along the westerly
side of Piimauna Drive;
thence along the westerly
side of Piimauna Drive
along a curve to the right
having a radius of 470.00
feet the chord azimuth and
distance being:
80.22 feet;
126.01 feet along the westerly
side of Piimauna Drive
along a curve to the left
having a radius of 300.00
feet, the chord azimuth
and distance being:
77.88 feet;
119.37 feet along the westerly
side of Piimauna Drive;
438.36 feet;
950.00 feet;
600.00 feet along Volcano Golf
and Country Club
Subdivision Unit III (F.
P. 1748) Park G, Lots 137,
136, 135, 134 and Park F
to the point of beginning
and containing an area of
10.7421 Acres. (Refer to
Parcel 1 as shown on
Exhibit "A".)
The district classification of the following area situated at
Keauhou, Ka'u, Hawaii, shall be Single Family Residential (RS-15):
PARCEL 2:
Beginning at a point at the southeast corner of this parcel of land
and on the westerly side of Piimauna Drive the coordinates of said
point of beginning referred to Government Survey Triangulation
Station "Uwekahuna" being 6,060.07 feet North and 3,000.65 feet East
and running by azimuths measured clockwise from true South:
-2-
1. 65° 24
2. 118° 46'
3. 169° 00'
4. 117° 50'
5. 169° 00'
6. 117° 34'
7. 282° 20'
8. 245° 00'
9. 332° 56'
10. 237° 43'
11. 335° 23'
22"
30"
12. 340° 41' 07.5"
13. 345° 59' 15"
thence along the remainder of R.
P. 4475, L. C. Aw. 7713, Apana 11
to V. Kamamalu for the next six
(6) courses the direct azimuths
and distances being:
420.89 feet;
280.25 feet;
355.00 feet;
335.00 feet;
65.00 feet;
582.69 feet;
450.44 feet along Volcano Golf
and Country Club
Subdivision Unit III (F.
P. 1748) Park G;
223.20 feet along Volcano Golf
and Country Club
Subdivision Unit III (F.
P. 1748) Park G;
950.00 feet;
438.36 feet to a point at the
westerly side of Piimauna
Drive;
124.72 feet along the westerly
side of Piimauna Drive;
thence along the westerly
side of Piimauna Drive
along a curve to the left
having a radius of
370.00 feet, the chord
azimuth and distance being:
68.38 feet;
6.58 feet along the westerly
side of Piimauna Drive to
the point of beginning and
containing an acre of
6.0392 Acres. (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. 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 within one year from
the effective date of the change of zone. Final
subdivision approval shall be secured within one year from
the date of receipt of tentative subdivision approval;
(C) restrictive covenants in the deeds of all of the proposed
residential lots within the subject properties 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. The restrictive covenants in the
deeds of all the proposed residential lots of the subject
properties shall require that each lot:
1. shall be provided with a water catchment system and
storage capacity, meeting with the requirements of the
Planning Department, the Fire Department, the
Department of Water Supply and the State Department of
Health based on a formula using median annual rainfall
and daily usage of gallons per day per dwelling as
determined by the Planning Department in consultation
with the appropriate agencies;
-4-
2. shall construct water storage tank(s) in an accessible
location for fire equipment with easy fire department
hose hook-up for unrestricted use of the water storage
in the case of fire emergency;
3. shall provide disclosure and waiver provisions
relating to the lack of a private or municipal water
system meeting with the requirements of the Department
of Water Supply, and which shall also include that the
County of Hawaii shall not be responsible to provide
water, at any time, to the subdivided residential lots
of the subject property, regardless of the situation;
and
4. shall prohibit the construction of an ohana dwelling
or a second dwelling unit.
(D) A wastewater disposal system shall be constructed in a
manner meeting with the approval of the State Department of
Health and/or the Department of Public Works, whichever is
applicable;
(E) A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to submitting plans for subdivision review. The Plan shall
include, but not be limited to, the management of
construction solid waste as well as operating and domestic
solid waste generated by the subject property. Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with the
approval of the Department of Public Works;
(F) 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
-5-
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 of the
development 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 Housing Agency;
(G) a drainage system shall be installed meeting with the
requirements of the Department of Public Works;
(H) access to the subject property from Mamalahoa Highway via
Piimauna Drive shall be improved meeting with the
requirements of the Department of Public Works and the
State Department of Transportation prior to Final
Subdivision Approval of the subject properties. These
improvements shall include stabilizing the roadway crossing
the "Great Crack" and the grading of shoulders;
(I) 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;
-6-
(J) comply with all other applicable laws, rules, regulations
and requirements of the affected agencies, including those
of the Departments of Health, Education, Water Supply,
Public Works and Fire Department;
(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
shall be credited towards 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 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 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 permit;
-7-
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 request 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 the 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 BY:
1- = L
COUNCIL MEMBER, CO ITY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 24, 1994
Date of 1st Reading: August 24, 1994
Date of 2nd Reading: September 7, 1994
Effective Date: September 13, 1994
APPROVED AS TO FORM AND LEGALITY:
r-- . ~~...:~
~pt,rf C RPORATIONC~COUN/'SEL
DATED : /~ ~7
-$-
Gl~1B DIVIS
AND GOI~'ITRY
VOLCANO 6pLF
~~ / / / \ RS-13
RS-I'S
O
RS-IS
Rrrl9
_"1,109.82 , N
~b6553 i E
VY'FKPJiJ1~lA' D
RS-15 /
O
HAWAII VOLCANOES
NATIONAL PARK
~ PARCa
A6RIGIA.TIIRAI_ (A-Ict)
TO SINGLE FAMILY
RESIDENf1AL (Rr15)
AREA ~ 10."I42I ACRES
O PARG13 2
OPEN (O) TO
SIN6lF FAMILY
RESIDENTIAL A25-IS)
AREA = 6.0392 ACRES
O
O
bpb007 , N .
3CJOObS , E
111-•CiCAFUll4'
VOLCANO
GOLF ~GOURSE
0
VOLCANO 60LF GOUR~E
PIIMAllNA
DRIVE
0
GOLF
GWBNOUSE
A-la
~Ni~~DNtEI~lT TO THE ZON I N6 GOi~~
AMENDING SEGTI ON 25-109 (KA'U D I STRI GT ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY GORE BY CHANGING THE DISTRICT GLASSIFIGATION
FROM AGRICULTURAL (A-la) AND OPEN (O) TO
SINGLE FAMILY RESIDENTIAL (RS-IS) AT KEAUHOU,
KAU, HAWAII.
TMK: Q-9-06:8
October II, IgG3
(I-ISG, INGJ
OFFICE OF THE COUN'T'Y CLERK
County of Hawaii .- ~ r- ; , ~ .-
Hilo ,Hawaii ~-''' '-
'9'f SEr 13 fif110 12
Introduced By: Takashi Domingo
Date Introduced: August 24, 1994
First Reading: August 24. 1994
Published: N/A
REMARIGS:
SernndReading:
To Mayor:
Returned:
Effective:
Published:
REMARKS: Se
Sep
Se
Se
Se ptember
tember
ptember
ptember
ptember 7,
7.
13.
13.
19. 1994
1994
1994
1994
1994
(DRAFT (~FJFIC~ ''" ;?Y QI_fR!'
~i;T ~ri'v~>~
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON X
CHILDS
DE LIMA X
DOMINGO X
HALE X
RATH X
ROSEHILL X
SCHUTTE X
0
(DRAFT 3)
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON X
CHILDS X
DE LIMA X
DOMINGO X
HALE X
BATH X
ROSEHILL X
SCHUTTE
I DO HEREBY CERTTFY that the foregoing BILL was adopted by the County Council and published as
indicated above. ~ ~
APPROVED as to
FORM and LEGALITY
COUNTY OF HAWAII
Date
A rAved/ this /-~' da
of p~l~~~ , 19~ y
~-C~
YOR, CO OF HAWAII
Bi11No.: 423 (Dr. 3)
Reference: C-2456/1991/PC-131
Ord. No.: -~