HomeMy WebLinkAboutORD 1994-124 1994-1996COUNTY OF HAWAII .,,...,;:STATE OF HAWAII
BILL NO. 5$
(Draft 5)
ORDINANCE NO. 94 124
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION
25-90 (KAILUA-HONALO ZONE MAP, ARTICLE 3, CHAPTER 25 (ZONING CODE) OF
THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-3.5) AND SINGLE
FAMILY RESIDENTIAL (RS-7.Sj AND FROM RESORT-HOTEL (V-1.25) TO MULTIPLE
FAMILY RESIDENTIAL (RM-3.5) AT PAHOEHOE 2ND, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-7-08:21 & 23.
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 properties described hereinafter as
follows:
The district classification of the following area
situated at Pahoehoe 2nd, North Kona, Hawaii, shall be Single
Family Residential (RS-7.5):
Parcel 1
Beginning at the southeast corner of this parcel of land
and on the west side of Kuakini Highway, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 8596.13 feet South
and 9142.16 feet East and running by azimuths measured
clockwise from True South:
1. 83° 57' 58.58 feet along the middle of a
stonewall along Grant 1751 to
Kahanele; thence along the
middle of a stonewall along
Grant 1751 to Kahanele for
the next seventeen (17)
courses:
2. 63° 50' 56.40 feet;
3. 71° 58' 30" 173.83 feet;
4. 77° 38' 79.30 feet;
5. 84° 38' 37.70 feet;
6. 74° 04' 93.65 feet;
7. 64° 27' 92.32 feet;
8. 72° 59' 30" 140.80 feet;
9. 80° 38' 84.16 feet;
10. 74° 37' 50.54 feet;
11. 89° 42' 55.17 feet;
12. 86° 47' 49.08 feet;
13. 72° 53' 73.65 feet;
14. 67° 20' 30" 91.97 feet;
15. 72° 31' 10" 86.87 feet;
16. 83° 06' 10" 124.62 feet;
17. 81° 50' 40" 248.82 feet;
18. 79° 33' 30" 49.85 feet;
19. 171° 30' 25" 453.64 feet along the r emainder of
R.P. 1668, L.C. AW. 8520-B,
Apana 3 to Gini Lahilahi;
thence along the middle of a
stonewall along Grant 2033 to
Haleluhi for the next five
(5) courses:
20. 261° 30' 25" 280.40 feet;
21. 258° 03' 25" 435.49 feet;
22. 255° 56' 35" 713.56 feet;
23. 254° 27' 48.91 feet;
24. 260° 55' 30" 34.38 feet to the west side of
Kuakini Highway;
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Thence, following along the
west side of Kuakini Highway
on a curve to the right
having a radius of 5679.58
feet, the chord azimuth and
distance being:
25. 334° 54' 19" 140.76 feet;
26. 245° 36' S5" 10.00 feet;
Thence, following along the
west side of Kuakini Highway
on a curve to the right
having a radius of 5689.58
feet, the chord azimuth and
distance being:
27. 337° 03' 33" 286.73 feet to the point of
beginning and containing an
area of 16.119 Acres. (Refer
to Parcel 1 as shown on
Exhibit "A").
The district classification of the following area situated
at Pahoehoe 2nd, North Kona, Hawaii, shall be Multiple
Family Residential (RM-3.5):
Parcel 2
Beginning at the southeast corner of this parcel of land
and on the north side of Grant 1751 to Kahanele the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAHELO" being
8980.83 feet South and 7551.90 feet East and running by
azimuths measured clockwise from True South:
Following along the middle of
stonewall along Grant 1751 to
Kahanele for the next eight
(8) courses:
1. 79° 33' 30"
2. 72° 38' 30"
3. 85° 41' 30"
4. 68° 22' 30"
84.64 feet;
125.69 feet;
184.13 feet;
85.06 feet;
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5. 90° 00'
6. 83° 09' 30"
7. 83° 07' 30"
8. 93° 53'
9. 91° 17' 40"
10. 96° 47' 30"
11. 83° 29' 30"
12. 81° 54' 30"
13. 85° 20'
14. 163° 07'
15. 169° 17'
16. 89° 41'
17. 105° 36' 30"
18. 93° 54'
19. 152° 29'
20. 60° 00'
21. 155° 13'
48.31 feet;
280.19 feet;
154.83 feet;
563.29 feet; thence following along
the middle of a stonewall
along Grant 1927 to Kipapa
for the next five (5) courses:
192.65 feet;
102.47 feet;
206.38 feet;
295.25 feet;
327.43 feet; thence following along
the middle of a stonewall
along Land Court Application
1688 for the next five (5)
courses:
34.59 feet;
88.72 feet;
39.07 feet;
31.05 feet;
52.25 feet;
74.14 feet along Land Court
Application 1688;
178.30 feet along Land Court
Application 1688;
180.03 feet along the remainder of
R.P. 1668, L.C. AW. 8520-B,
Apana 3 to Gini Lahilahi,
along R.P. 4216, L.C. AW.
5769:2 to Kapule and along
R.P. 4220, L.C. AW. 10986:2
to Nawelu;
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22. 247° 51' 15" 65.58. feet along Roman Catholic
Church lot; thence along the
middle of a stonewall along
Grant 1857 to Paakea for the
next thirty -five (35) courses:
23. 252° 04' 29.71 feet;
24. 262° 12' 40" 24.49 feet;
25. 254° 19' S0" 248.67 feet;
26. 258° 50' 45" 24.39 feet;
27. 260° 50' 10" 154.25 feet;
28. 248° 14' 30" 53.52 feet;
29. 259° 57' 40" 29.15 feet;
30. 266° 08' 27.51 feet;
31. 257° 13' 50" 16.60 feet;
32. 267° 02' 10" 25.25 feet;
33. 258° 15' 26.66 feet;
34. 252° 02' 30" 36.51 feet;
35. 255° 45' 10" 37.07 feet;
36. 263° 07' 38.11 feet;
37. 291° 36' 20" 22.87 feet;
38. 275° 03' 18.11 feet;
39. 280° 45' 40" 19.57 feet;
40. 270° 12' 20" 41.97 feet;
41. 256° 28' 15" 14.69 feet;
42. 266° 35' 153.95 feet;
43. 275° 49' 30" 31.08 feet;
44. 257° 53' 45" 63.64 feet;
45. 253° 42' 18.51 feet;
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46. 268° 43' 25.66. feet;
47. 260° 59' 30" 24.44 feet;
48. 275° 56' 20" 48.58 feet;
49. 270° 51' 30" 22.90 feet;
50. 281° 10' 12.28 feet;
51. 270° 19' 40" 16.40 feet;
52. 260° 49' 40" 58.02 feet;
53. 253° 39' S0" 25.24 feet;
54. 261° 10' 75.95 feet;
55. 268° 28' 40" 23.39 feet;
56. 273° 54' 12.47 feet;
57. 189° 22' 5.25 feet; thence along the middle
of a stonewall along Grant
2033 to Haleluhi for the next
five (5) courses:
58. 267° 48' S0" 167.26 feet;
59. 267° 30' 40" 685.53 feet;
60. 262° 29' 10" 62.61 feet;
61. 261° 17' 40" 399.11 feet;
62. 261° 30' 25" 131.00 feet;
63. 351° 30' 25" 453.64 feet along the remainder of
R.P. 1668, L.C. AW. 8520-B,
Apana 3 to Gini Lahilahi, to
the point of beginning and
containing an area of 28.245
Acres. (Refer to Parcel 2 as
shown on Exhibit "A")
SECTION 2. Section 25-90, Article 3, Chapter 25 (Zoning
Code) of the Ha waii County Code, i s amended to change the
district classi fication of property described hereinafter as
follows:
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The district classification of the following area
situated at Pahoehoe 2nd, North Kona, Hawaii, shall be Multiple
Family Residential (RM-3.5):
Parcel 3
Beginning at the Northwesterly corner of this parcel of
land, being also the Southwesterly corner of a portion of
a Royal Patent 4220, Land Commission Award 10,986, Apana 2
to Nawelu and a point on the Northeasterly side of Alii
Drive, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KAHELO" being
9,009.15 feet South and 4,469.08 feet East and running by
azimuths measured clockwise from True South:
1. 241° 14' 88.51 feet along stonewall and along
Royal Patent 4220, Land
Commission Award 10,986, Apana
2 to Nawelu;
2. 335° 13' 102.00 feet along Royal Patent 1668,
Land Commission Award 8520-B,
Apana 3 to G. Lahilahi;
3. 60° 00' 59.85 feet along Royal Patent 1668,
Land Commission Award 8520-B,
Apana 3 to G. Lahilahi;
4. 139° 24' 105.28 feet along the Northeasterly
side of Alii Drive to the
point of beginning and
containing an area of 0.174
Acre. (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 3. These changes in district classification are
conditioned upon the following:
(A) The applicants, successors or assigns shall be responsible
for complying with all of the stated conditions of approval;
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(B) All through streets within the RS-7.5 zoned lands of the
subject property and the main arterial within the RM-3.5
zoned area of the subject property shall be constructed
with curbs, gutters and sidewalks and underground utilities
meeting with the approval of the Department of Public Works
and dedicated to the County upon its request;
(C) No lots shall have direct access from Kuakini Highway.
Access to the proposed lots of the subject property shall
be from the interior subdivision roadways;
(D) Upon the determination by the Department of Public Works,
the Alii Highway right-of-way within the subject property,
which may include sufficient width for abutting frontage
road(s), shall be dedicated to the County upon its
request. The applicant shall comply with the dedication
procedures set forth by the Planning Director. The value
of the dedicated land shall be credited against the
applicant's fair share contribution as required in
Condition R of this ordinance. The said value shall be
determined in accordance with the provisions of Section
8-8(b)(2), Chapter 8 (Park Dedication), of the Hawaii
County Code;
(E) Should an improvement or community facilities district be
implemented for the construction of the proposed Alii
Highway, the applicant, successors or assigns shall
automatically be a participant in such district;
(F) All accesses from the Alii Highway, including intersection
improvements, shall be subject to the approval of the
Department of Public Works;
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(G) Access from Alii Drive shall meet with the approval of the
Department of Public Works. Further, a left-turn storage
lane shall be constructed meeting with the approval of the
Department of Public Works concurrently with the
development of the RS or RM zoned area, whichever occurs
first;
(H) For the portion of the subject property east (mauka) of the
proposed Alii Highway, no building permit(s) for the
multiple family residential zoned area of the subject
property and/or final subdivision approval for the single
family residential zoned area of the subject property,
shall be issued until funding for the construction of the
entire length of the Alii Highway (to be approximately 5.6
miles) has been committed;
(I) A drainage system shall be installed meeting with the
approval of the Department of Public Works;
(J) The method of sewage disposal shall meet with the
requirements of the appropriate governmental agencies;
(K) A solid waste management plan shall be submitted to the
Department of Public Works in conjunction with the
subdivision approval process for the subject property and
approved by the Department of Public Works prior to Final
Subdivision Approval. The approved plan shall include, but
not be limited to, the management of solid waste generated
from the construction and operating phase of the proposed
development. 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;
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(L) An area within the eastern (makai) boundary of the subject
properties and proximate to Alii Drive, not to exceed one
acre, shall be conveyed to the County for a wastewater pump
station. The location of the said site shall be
established and dedicated to the County. The applicant
shall comply with the dedication procedures set forth by
the Planning Director, provided that the County shall be
responsible for securing all necessary permits for the
development and conveyance of the said area. The value of
the dedicated land shall be credited against the
applicant's fair share contribution as required in
Condition R of this ordinance. The said value of the
dedicated land shall be determined in accordance with the
provisions of Section 8-8(b)(2), Chapter S (Park
Dedication) of the Hawaii County Code;
(M) An intensive archaeological survey and report, including a
cultural resource management plan, shall be submitted in
conjunction with a SMA permit application for the
development of the subject property;
(N) Should any unanticipated sites be uncovered during land
preparation activity, work within the affected area shall
cease and the Planning Director shall be immediately
notified. Work within the affected area shall not resume
until clearance is obtained from the Planning Director;
-10-
(O) 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. This housing plan shall
be submitted for the review and approval of the County
Housing Agency prior to final subdivision approval of the
proposed single-family residential subdivision or issuance
of the building permit for the multiple-family residential
component of the development, whichever occurs first;
(P) As represented by the applicant, restrictive covenants in
the deeds of all the proposed lots within the RS zoned area
of the subject properties shall prohibit the construction
of an ohana dwelling or 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;
(Q) In lieu of actual construction of infrastructural
improvements as required herein, the applicant may enter
into an agreement with the County to assure the County that
the infrastructural improvements will be constructed
together with the appropriate bond, surety or other
security deemed acceptable to the Planning Director and the
Corporation Counsel. Upon execution of such agreement
and/or filing of the security with the County, final
subdivision approval for the subject property or portions
thereof shall be granted prior to the actual construction
of required infrastructural improvements;
-11-
(R) Prior to Final Subdivision Approval or the issuance of the
building permit for the RM zoned area of the subject
property, as the case may be, the applicant shall pay its
fair share contribution to address potential regional
impacts of the project with respect to park, fire, police,
solid waste disposal facilities, sewers and roads. The
fair share contribution shall be initially based on the
representations contained within the change of zone
application and may be increased or reduced proportionally
if the number of units are adjusted. The fair share
contribution for each unit shall be based on a maximum
density for each lot as determined by the zoning resulting
from this change of zone. The fair share contribution in a
form of cash, land, facilities, or any combination thereof
shall have a maximum combined value of $1,644,955.63.
Commencing three years after the effective date of this
ordinance, the fair share contributions described above
shall be adjusted annually based on the percentage change
in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may
construct such facilities related to park, fire, police,
solid waste disposal facilities, sewers and roads with the
approval of the appropriate agency(ies). Any contributions
required by this ordinance that exceed the fair share
requirement of this proposed development shall, at the
applicant's request be credited towards any of the
applicant's future developments that require
infrastructural impact contributions or towards the
affordable housing requirements which are reflected in
Condition O of this ordinance;
-12-
(S) All other applicable laws, rules, regulations and
requirements, including those of the Department of Water
Supply, Department of Education and Fire Department, shall
be complied with;
(T) 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;
(U) An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
effective date of 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
(V) 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 the 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;
-13-
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 request 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 within in a timely fashion, the Director
shall initiate rezoning of the area to its original or more
appropriate designation.
SECTION 4. In the event that any portion of the ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
-14-
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~il~
COUNCIL MEMBER, C TY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 5, 1994
Date of 1st Reading: October 5, 1994
Date of 2nd Reading: Novs~er 30, 1994
Effective Date: December 7, 1994
APPROVED AS TO FORM AND LEGALITY:
,~~j ~
<.'x'sr:, CORPORATI N COUN5
DATE: ~~
-15-
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
Introduced By: Takashi Domingo
Date Introduced: October 5, 1994
First Reading: October 5, 1994
Published: N/A
RF.MARK.S;
Referred to PC - 10/05/94
Sernnd Reading. Novenber 30, 1994
To Mayor. Decanber 1, 1994
Returned: December 8. 1994
Effective: December 7. 1994
Published: December 15. 1994
'9tt OEC 8 fi~ 8 18
n CI' "' i`,'~'1
lPRAFT 41 -
V ~: \ .. ~ ~ .. ...
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
BONK-AHRAMSON X
cHD.DS X
DE LDdA X
DOMINGO
HALE
BATH X
ROSEHILL X
SCHUTTE X
0 0
(DRAFT 5)
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
HONK ABRAMSON X
CHILDS
DE LIMA
DOMINGO
HALE X
RATH X
ROSEHILL
SCHUTIE
1 1
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
APPROVED as to
FORM gnd L~aAL~I
ORPORATION COUNSEL
COUNTY OF HAWAII
Z~S~~ c
Data
App ed/ this ~ day
of~~s .r+"Z~~ , 19~
OR, CO OF HAWAII
Bill No.: 68 (Draft 5 )
Reference: CC-3133
Ord. No.:
,~=~. ~-