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Home My WebLink AboutBIL 010 Draft 02 1998-2000 ti~ COUNTY OF HAWAT ~`"~:-;STATE OF HAWAII • - BILL NO. In (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 166 AND SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO AGRICULTURAL (A-IOa) AND AGRICULTURAL (A-20a) AT PAPAALOA, NORTH HILO, HAWA[[, COVERED BY TAX MAP KEY 3-5-3:PORT[ON OF 27 AND 75 AND 3-5-4:PORTION OF 8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Section 25-8-19, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: Parcel 1 The district classification of the following azea situated at Papaaloa, North Hilo, Hawaii, shall be Agricultural (A-IOa): Beginning at the Southerly angle of this parcel of land being the Southerly comer of Grant 908 to Kapalehua, being also the Westerly comer of Grant 904 to Kapule and Nawahine along the Northerly side of the Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Papaaloa" being 773.89 feet North and 394.33 feet East, thence running by azimuths measured clockwise from True South; 1. 147° 45' 00" 1,068.03 feet along the Northeasterly side of the Government Road; 2. 183° 21' 30" 22.31 feet along the Easterly side of the Government Road; 3. 218° 59' 00" 121.73 feet along the Southeasterly side of the Government Road; 4. 224° 51' 00" 169.15 feet along the same; 5. 237° 16' 00" 162.68 feet along the same; 6. 251 ° OS' 00" 92.46 feet along the same; 7. 218° 44' 00" 136.08 feet along the same; 8. 264° 35' 00" 104.48 fect along the same; Thence along the Southeasterly side of the Government Road on a curve to the left with a radius of 195.00 feet the chord azimuth and distance being: 9. 224° 59' 30" 248.55 feet; 10. 185° 24' 00" 68.36 feet along the Southeasterly side of the Government Road; Thence along the Southeasterly side of the Government Road on a curve to the right with a radius of 60.00 feet the chord azimuth and distance being: I1. 228° 28' 00" 81.94 feet; 12. 271 ° 32' 00" 101.8 ] feet along the Southeasterly side of the Government Road; 13. 234° 03' 00" 103.77 feet along the same; 14. 215° 55' 00" 73.53 feet along the same; Thence along the Southeasterly side of the Government Road on a curve to the right with a radius of 150.00 feet the chord azimuth and distance being: ] 5. 234° 24' 30" 95.15 feet; -2- l6. 252° ~4' 00" 74.94 feet along the Easterly side of the Government Road; Thence along the Easterly side of the Government Road on a curve to the left with a radius of 115.00 feet, the chord azimuth and distance being: l7. 218° OS' 30" 131.29 feet; 18. 183° l7' 00" 97.38 feet along the Easterly side of the Government Road; Thence along the Easterly side ofthe Government Road on a curve to the right with a radius of 85.00 feet, the chord azimuth and distance being: 19. 207° 28' 30" 69.66 feet; 20. 231 ° 40' 00" 50.24 feet along the Easterly side of the Government Road; 2l. 220° 45' 00" 81.39 feet along the same; 22. 190° 58' 00" 170.35 feet along the same; Thence along the Easterly side of the Government Road on a curve to the right with a radius of 85.00 feet, the chord azimuth and distance being: 23. 218° 16' 00" 77.97 feet; 24. 245° 34' 00" (40.37 feet along the Southeasterly side of the Govemment Road; 25. 254° 56' 00" 127.65 feet along the same; 26. 242° l6' 00" 142.94 feet along the same; Thence along the Southerly side of the Govemment Road on a curve to the right -3- with a radius of 87.63 feet, the chord azimuth and distance being: 27. 274° 22' 30" 93.15 feet; 28. 306° 29' 00" 114.27 feet along the Southerly side of the Government Road; 29. 296° 38' 00" 46.00 fcet along the same; 30. 288° 08' 00" 72.61 feet along the same; Thence along the Southerly side of the Government Road on a curve to the lefr with a radius of 75.00 feet, the chord azimuth and distance being: 31. 267° 19' S0" 53.27 feet; 32. 312° 57' 00" 80.46 feet along the remainder of Grant 908 to Kapalehua; 33. 15° 45' 00" 175.25 feet along the same; 34. 301 ° 20' 00" 97.38 feet along the same and along the remainder of Grant 904 to Kapule and Nawahine; 35. 20° 00' 00" 219.35 feet along the same; 36. 37° 00' 00" 287.94 feet along the remainder of Grant 904 to Kapule and Nawahine to the Northerly side of File Plan 1713, Papaaloa Subdivision, Increment lA; 37. 166° 02' 00" 25.20 feet along the Northerly side of File Plan 1713, Papaaloa Subdivision, Increment IA; 38. ]40° 52' 30" 208.86 feet along the same; 39. 115° 43' 00" 443.43 feet along the same; 40. 25° 43' 00" 336.00 feet along the Westerly side of File -4- Plan 1713, Papaaloa Subdivision, Increment 1 A; 4l. 295° 43' 00" 3~ 1.00 feet along the Southerly side of File Plan 1713, Papaaloa Subdivision, Increment lA; 42. 327° 22' 16" 120.25 feet along the same; 43. 346° 02' 00" 396.00 feet along the same; 44. 256° 02' 00" (23.00 feet along the Southeasterly side of File Plan 1713, Papaaloa Subdivision, Increment I A; Thence along the Southeasterly side of File Plan 1713, Papaaloa Subdivision, Increment I A on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 45. 301 ° 02' 00" 28.28 feet; 46. 346° 02' 00" 123.00 feet along the Southwesterly side of File Plan 1713, Papaaloa Subdivision, Increment lA; 47. 256° 02' 00" 529.00 feet along the Southeasterly side of File Plan 1713, Papaaloa Subdivision, Increment IA; 48. 346° 02' 00" 407.03 feet along the Southwesterly side of File Plan 1713, Papaaloa Subdivision, Increment lA; 49. 233° 02' 00" 198.93 feet along the Southeasterly side of File Plan 1713, Papaaloa Subdivision, Increment lA; 50. 260° 16' 00" 153.30 feet along the same; -S- 51. 166° 02' 00" 410.62 feet along the Northeasterly side of File Plan 1713, Papaaloa Subdivision, Increment lA; 'Thence along the Westerly top of Kaiwilahilahi Gulch for the next thirteen (13) courses, the direct azimuth and distance being: 52. 54° 31' 00" 103.00 feet; 53. 53° 02' 00" 173.00 feet; 54. 80° 16' 00" 178.00 feet; 55. 353° 37' 00" 467.31 feet; 56. 256° 02' 00" 94.72 feet along the remainder of Grant 904 to Kapule and Nawahine to the Westerly top of Kaiwilahilahi Gulch; 57. 22° 21' 00" 97.00 feet; 58. 37° 09' 00" 429.00 fect; 59. 18° 11' 00" 228.00 feet; 60. 37° 19' 00" 130.00 feet; 61. 63° 14' 00" 243.00 feet; 62. 35° 51' 00" 127.00 feet; 63. ] 0° OS' 00" 190.00 feet; 64. 61 ° 34' 00" 209.91 feet; 65. 51 ° 59' 00" 150.52 feet; 66. 120° 40' 00" 1,148.54 feet along the Northerly side of Grant 9017 to Samuel Kalele to the point of beginning and containing an azea of 99.907 acres, more or less. -6- Parcel 2 The district classification of the following azea situated at Papaaloa, North Hilo, Hawaii, shall be Agricultural (A-20a): Beginning at the Easterly comer of this pazcel of land along the Southwesterly side of Hawaii Belt Road SDR 3(5) along the Westerly top of Kaiwilahilahi Gulch, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Papaaloa" being 2,625.62 feet North and 2,926.28 feet East, thence running by azimuths measured clockwise from True South; 1. 22° 55' 00" 352.00 feet along the Westerly top of Kaiwilahilahi Gulch; 2. 353° 37' 00" 111.69 feet along the same; 3. 76° 02' 00" 94.72 feet along the remainder of Grant 904 to Kapule and Nawahine to the Northeasterly side of File Plan 1713, Papaaloa Subdivision, Increment IA; 4. 166° 02' 00" 113.83 feet along the Northeasterly side of File Plan 1713, Papaaloa Subdivision, Increment IA to the Easterly side of Papaaloa Avenue; Thence along the Easterly side of Papaaloa Avenue on a curve to the left with a radius of 330.00 feet, the chord azimuth and distance being: 5. 199° 13' 22" 309.91 feet; 6. 171 ° 13' 00" 51.60 feet along the Easterly side of Papaaloa Avenue; Thence along the Easterly side of Papaaloa Avenue on a curve to the right with a radius of 120.00 feet, the chord azimuth and distance being: 7. 182° 51' 55.2" 48.46 feet; Thence along the Easterly side of Papaaloa -7- Avenue on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 8. 248° 25' 27.5" 48.49 feet; Thence along the Southerly side of Hawaii Belt Road SDR 3(5) on a curve to the lefr with a radius of 3,324.05 feet, the chord azimuth and distance being: 9. 301 ° ] 8' 07" ] 19.81 feet to the point of beginning and containing an area of 1.087 acres, more or less. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. [Section 1 otthis ordinance shall take effect forthwith upon the conditions that) This change in district classification is conditioned upon the following; [qAp], [the area be zoned in fow (4) incremenu. The first three (3) increments shall each consist of a maximum of twenty-eight (28) acres, and the fourth increment, the remaining area. The effective date of zoning for subsequent increments shall be afrer development has occurred in the previous increment or combination of increments. Development is defined as building permits issued for single family residential dwelling units and construction partially completed - partially completed in the sense of having roofs on a minimum of twenty-five (25) per cent of the units for the previous increment or combination of increments;] Th~~plicant_ successors or assigns shall be re .nonsible for com~ving with all of the stated conditions of a rr2.n oval. [qBp], [the applicant, Laupahoehoe Sugaz Company submit a subdivision plan for the first increment and secwe tentative approval within one yeaz from the official date of approval of the change of zone, and also assume the responsibility of secwing final subdivision approval for the first increment. The -8- applicant shall also be responsible for obtaining final subdivision approval for the subsequent increments.] Final Subdivision Apg~oval shall be secured within five (51 veazs from the effective date of this amendment to the ordinance. All other concerns, such as drainage and roadway requirements, shall be considered at the time of subdivision approval[;], [QCpJ, [the] Ih~ method of sewage disposal shall conform to the rules and regulations of the State Department of Health(;), [(]D()], (aj 0 channelized intersection with left turn storage lanes and deceleration and acceleration lanes be constructed at the entrance of the subdivision [during the second increment]. These roadway improvements shall be completed prior to Final Subdivision Avproval (sales of the lots within the second increment,] and shall meet with the approval of the State Departrnent of Transportation, Highways Division[;], [QEO], (the] Ihg connection of the existing Kihalani Camp Road to the Hawaii Belt Highway be eliminated upon construction of the channelized intersection[;]. [QF()], [the] ~ applicant be responsible to provide a water system in accordance with the County of Hawaii Department of Water Supply standazds[;J, [(]G~J, (a minimum area of seven (7) acres be set aside within the subject area for pazk and recreational purposes. The exact location shall be determined at the time of subdivision approval of the first increment. Minimum improvements shall be provided for at least four (4) acres of the pazk azea prior to development of the second increment and the remaining three (3) acres shall be improved prior to the construction of the fourth increment. Minimum improvements shall include but not be limited to grading and grassing which meet the approval of the Parks -9- and Recreation Director. The pazk shall remain in private ownership and maintenance until such time that the applicant decides to dedicate the area and accepted by the County. There shall also be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: (1) Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private pazk in perpetuity; (2) Empower the County, through the Parks and Recreation Director, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of failure by the subdivider, purchasers, occupants or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of work performed by the County has been reimbursed;] Should the Council adopt a unified Impact-Fees Ordinance settingforth criteria for imposition of exactions or the assessment of impact fees. conditions included herein shall be credited towazds the >Sauirements of the Unified Impact Fee Ordinance. [UH~J, [the] ~ applicant work closely with the Soil Conservation Service to operationalize conservation practices relative to the topographic conditions of the proposed development[;], [QIn], [a] 6 hydrologic/drainage study be made by the applicant and be submitted with the subdivision application for the first increment to the Planning Department. Should the foregoing conditions not be met, rezoning of the area to its original zoning designation may be initiated. -10- omp(y with all other apylicable rules regulations and repu~remP*+rs of the affected agencies for the development of the subject prop °ertv including thg Department of Public Works. Department of Health and Department of Water SUDDI VV. g. An initial extension of time for the performance of conditions within he ordinance may be scanted by the Planning Director upon [he followine circumstances: j. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applic nt ~ ssor~ or assign and that aze not the result of their fault or nggJieence: Granting of the time extension would not be contrary to the General Plan or .oning~ode: Grantine of the time extension would not be contrary to the origjnal reasons for the granti of the change of zone: and 4. The time extension granted shall be for a period not to exceed Lhe p re iod prjpinal Y1+ranted for performance (i.e.. a condition to be performed within one year may be extended for up to one additional vearl. j~. $hould any of the conditions not be met or substantially complied with in a timely~'ashion. the Director mayjnitiate rezonine of the area to its original or more appropriate designation. SECTION 3. [n the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. _l I_ SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Datc of 2nd Reading: Effective Date: I~EFEREAICF~ Comm. 43.01 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -12- 1 ~ 773.89 N n ~ 39s.}} E r ~G ' PAPMLOA' A F \ i ¢b.fti PARCEL 1 SINGLE FAMILY RESIDENTIAL (RS-10) . :a+ TO AGRICULTURAL (A-l0a) AREA; 99.907 ACRES PARCEL 2 SINGLE FAMILY • l~• RESIDENTIAL (RS-10) TO AGRICULTURAL (A-20a) AREA: 1.087 ACRES n 7W n l0+ Q t ? r r r rU p ~s e~ •i /a 2.625.62 N 2.926.28E n /o M1~. n l0• 'P,WMLOA' ~ BEIi V~ Rp,~O F w,WNI ti re > Q ~ ip Hilp fS ~ n ~ TO fl°n°~Op np Cv' ?S r- ~ ' ' /J n . Nl A ~ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO AGRICULTURAL (A-l0a) ANO AGRICULTURAL (A-20a) AT PAPAALOA, NORTH HILO, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 3-5-3: PORTION OF 27 & 75 aN0 5-5-~: PORTION OF 8 NOVEMEIER t 5. 1998 EXHIBIT "A~~ ....os