HomeMy WebLinkAboutBIL 010 Draft 03 1998-2000 ~ ...a.
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COUNTY OF HAWAI~ ` STATE OF HAWAII
~'~~'a~ BILL NO. to
(Draft 3)
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-l0a) AND
AGRICULTURAL (A-20a) AT PAPAALOA, NORTH HILO, HAWAII, COVERED BY TAX
MAP KEY 3-5-3:PORTION OF 27 AND 75 AND 3-5-4:PORTION OF 8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. 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:
Pazcel 1
The district classification of the following azea situated at Papaaloa, North Hilo,
Hawaii, shall be Agricultural (A-l0a):
Beginning at the Southerly angle of this pazcel of land being the Southerly corner
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 ° 08' 00" 92.46 feet along the same;
7. 218° 44' 00" 136.08 feet along the same;
8. 264° 35' 00" 104.48 feet 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:
11. 228° 28' 00" 81.94 feet;
12. 271 ° 32' 00" 101.81 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:
15. 234° 24' 30" 95.15 feet;
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16. 252° 54' 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:
17. 218° OS' 30" 131.29 feet;
18. 183° 17' 00" 97.38 feet along the Easterly side of the
Government Road;
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:
19. 207° 28' 30" 69.66 feet;
20. 231 ° 40' 00" 50.24 feet along the Easterly side of the
Government Road;
21. 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" 140.37 feet along the Southeasterly side of the
Government Road;
25. 254° 56' 00" 127.65 feet along the same;
26. 242° 16' 00" 142.94 feet along the same;
Thence along the Southerly side of the
Government Road on a curve to the right
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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 feet 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 left with
a radius of 75.00 feet, the chord azimuth and
distance being:
31. 267° 19' S0" 53.27 feet;
32. 312° 5T 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
PIan 1713, Papaaloa Subdivision,
Increment lA;
38. 140° 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;
41. 295° 43' 00" 351.00 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" 123.00 feet along the Southeasterly side of File
Plan 1713, Papaaloa Subdivision,
Increment lA;
Thence along the Southeasterly side of File
Plan 1713, Papaaloa Subdivision,
Increment 1 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 1 A;
47. 256° 02' 00" 529.00 feet along the Southeasterly side of File
Plan 1713, Papaaloa Subdivision,
Increment lA;
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;
-5-
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 feet;
59. 18° II' 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. 10° 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 area of 99.907 acres, more
or less.
-6-
Parcel 2
The district classification of the following area situated at Papaaloa, North Hilo,
Hawaii, shall be Agricultural (A-20a):
Beginning at the Easterly corner of this parcel 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 lA;
4. 166° 02' 00" 113.83 feet along the Northeasterly side of File
Plan 1713, Papaaloa Subdivision,
Increment lA 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
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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 left
with a radius of 3,324.05 feet, the chord
azimuth and distance being:
9. 301 ° 18' 07" 119.81 feet to the point of beginning and containing
an azea 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 of this ordinance shall take effect forthwith upon the conditions
that] This char ge in district classification is conditioned upon the followine•
[(]A[)], [the azea be zoned in four (4) increments. The first three (3) increments shall
each consist of a maximum of twenty-eight (28) acres, and the fourth increment,
the remaining azea. The effective date of zoning for subsequent increments
shall be after 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;] The aQplicant successors or assigns shall be responsible for
comRJyine with all of the stated conditions of approval.
[(]B[)], [the applicant, Laupahoehoe Sugar Company submit a subdivision plan for the
first increment and secure tentative approval within one (I) yeaz from the
official date of approval of the change of zone, and also assume the
responsibility of securing 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 Approval shall be secured within
five 5) yeazs 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[;],
[(]C[)], [the] T~1 g method of sewage disposal shall conform to the rules and regulations
of the State Department of Health[;],
[(]D[)], [a channelized intersection with left tum storage lanes and deceleration and
acceleration lanes be constructed at the entrance of the subdivision during the
second increment. These roadway] Roadway improvements shall be completed
prior to Final Subdivision Approval [sales of the lots within the second
increment,] and shall meet with the approval of the State Department of
Transportation, Highways Division[;],
((E) the connection of the existing Kihalani Camp Road to the Hawaii Belt Highway
be eliminated upon construction of the channelized intersection;]
[(F)]$., [the] Thy applicant be responsible to provide a water system in accordance with
the County of Hawaii Department of Water Supply standazds[;],
[(G)]E [a minimum azea of seven (7) acres be set aside within the subject azea 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 Pazks
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and Recreation Director. The pazk shall remain in private ownership and
maintenance until such time that the applicant decides to dedicate the azea and
accepted by the County. There shall also be adequate assurance, as determined
by the Corporation Counsel, for the maintenance of the private pazk 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
Pazks and Recreation Director, to enforce the covenants to maintain the private
pazk, authorizing the performance of maintenance work by the County in the
event of failure by the subdividers, 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 settinE forth criteria for imposition of exactions or the assessment of
imt~act fees. conditions included herein shall be credited towazds the
tgquireme»ts of the Unified Impact Fee Ordinance.
[(H)]~, [the] T~ applicant work closely with the Soil Conservation Service to
operationalize conservation practices relative to the topographic conditions of
the proposed development[;],
[(I)]j_I. [a] ~ 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 azea to its original
zoning designation may be initiated.]
-10-
I ~p~y with all other ~plicable rules regulations and requirements of the
affected agencies for the development of the subject property including the
Department of Public Works Dg~artment of Health and Department of Water
Supnly•
J. An initial extension of time for the performance of conditions within the
ordinance may be Eranted by the Planning Director upon the following
circumstances:
The non-performance is the result of conditions that could not have been
fnrecee*+ are ¢gyond the c~ntrpl of the applicant. successors or assigns.
and that are nor rhP result of their fault or negligence:
r nting_of the time extension would not be contrary to the General Plan
or oning Code:
r nting of the time extension would not be contrary to the original
rPacons for the granting of change of zone• and
4. The time extension gFanted shall be for ~pgriod not to exceed the period
4pgi, nally~ranted for_perform nce fj e a condition to be performed within
ogyga* may be extended for into one additional veazl.
j{, Should any of the conditions not be met or ctbstantially complied with in a
tim fashion the Director may initiate rezoning of the azea to its original or
more appSopriate designation.
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
-11-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~ ~ .i' ~ r
_y~- , ~c/~
~BER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFEREAtCf~ Comm. 4 3_ n n 7
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-12-
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773.89 N " zva I
394.33E PG
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PARCEL 1 \
SINGLE FAMILY
RESIDENTIAL (RS-10)
" soa TO AGRICULTURAL (A-l0a)
AREA: 99.907 ACRES
PARCEL 2
SINGLE FAMILY zO'
RESIDENTIAL (RS-10)
TO AGRICULTURAL (A-20a)
AREA: 1.087 ACRES "
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25
FROMNSINGODEfAMILYHRESIDENTIALO(RS~10) DTO~ AGRCULTURAL (AE10a)RAND AGRICULTURION
(A-20D) AT PAPAALOA, NORTH HILO, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 3-5-3: PORTION OF 27 & 75 AND 3-5-4: PORTION OF 8 NOVEMBER 15. 1998
(J/.CK RAMOS RANCN, LNG.)
EXHIBIT "A'~