HomeMy WebLinkAboutBIL 216 Draft 01 1998-2000 `off,:
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COUNTY OF HAWA~~ ~ STATE OF HAWAII
BILL NO. 216
v
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 93-66, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO GENERAL COMMERCIAL (CG-
10) AND OPEN (O) AT KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-4-08:PORTION OF 12.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 93-66 is amended as follows:
"SECTION 1. Section [25-87, Article 3,] 25.8.3 (North Kona Zone MaR), rti 1 8,
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 Keahuolu, North Kona,
Hawaii, shall be [Office Commercial (CO-10)] General Commercial (CG-101:
PARCEL 1:
Beginning at the north corner of this parcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KEAHUOLU" being
3,318.15 feet north and 10,919.89 feet east, thence running by azimuths measured
clockwise from True South:
1. 331° 11' 853.73 feet along Lot 1 ofKeahuolu
Subdivision (File Plan 2041);
2. Thence along Lot 1 of Keahuolu Subdivision (File Plan 2041), on a curve to the
right with a radius of 10,000.00 Feet,
the chord azimuth and distance
being:
331° 49' 30" 223.98 feet;
-1-
3. 332° 28' 1,064.45 feet along Lot 1 of Keahuolu
Subdivision (File Plan 2041);
4. Thence along Lot 1 of Keahuolu Subdivision (File Plan 2041), on a curve to the
left with a radius of 6,000.00 feet,
the chord azimuth and distance
being:
330° 59' 310.63 feet;
5. 329° 30' 647.26 feet along Lot 1 of Keahuolu
Subdivision (File Plan 2041);
6. 59° 30' 166.00 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
7. 90° 30' 164.87 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
8. 11 ° 23' 41.32 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
9. 73° 45' 1,276.90 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
10. 179° 53' 288.02 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
11. 186° 02' 1,064.94 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
12. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041), on
a curve to the right with a radius of
1,240.00 feet, the chord azimuth and
distance being:
101° 48' 47.5" 395.23 feet;
-2-
13. 110° 59' 385.97 feet along the remainder
of Lot 2 of Keahuolu Subdivision (File
Plan 2041);
14. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041), on
a curve to the left with a radius of
1,530.00 feet, the chord azimuth and
distance being:
88° 56' 10.5" 1,148.63 feet;
15. 132° 38' 320.32 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
16. 156° 58' 596.89 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
17. 250° 35' 1,145.81 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
18. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041), on a
curve to the left with a radius of
7,000.00 feet, the chord azimuth and
distance being:
245° 53' 1,147.14 feet;
19. 241 ° 11' 204.50 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan 2041),
to the point of beginning and containing
area of 114.018 Acres, more or less.
(Refer to Parcel 1 as shown on
Exhibit "A".)
The district classification of the following area situated at Keahuolu, North Kona,
Hawaii, shall be Open (O):
-3-
PARCEL 2:
Beginning at the east corner of this parcel of land, on the northwesterly side of Palani Road,
the coordinates of said point of beginning referred to Government Survey Triangulation
Station "KEAHUOLU" being 8.89 feet north and 12,792.22 feet east, thence running by
azimuths measured clockwise from True South:
1. Along the northwesterly side of Palani Road, on a curve to the right with a radius of
1,890.10 feet, the chord azimuth and
distance being:
62° 29' 36" 319.86 feet;
2. 67° 20' S0" 1,064.55 feet along the northwesterly side of
Palani Road;
3. Thence along the northwesterly side of Palani Road, on a curve to the left with a
radius of 736.80 feet, the chord azimuth
and distance being:
63° 33' 06" 97.55 feet;
4. 147° 25' 32" 42.21 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
5. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041), on
a curve to the left with a radius of
905.00 feet, the chord azimuth and
distance being:
125° 32' 24.5" 674.68 feet;
6. 179° 53' 283.39 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
7. 253° 45' 1,276.90 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
8. 191° 23' 41.32 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
-4-
9. 270° 30' 164.87 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
10. 239° 30' 166.00 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
11. 329° 30' 673.68 feet along the remainder of Lot 1 of
Keahuolu Subdivision (File Plan
2041);
12. Thence along Lot 1 of Keahuolu Subdivision (File Plan 2041), on a curve to the left
with a radius of 30.00 feet, the chord
azimuth and distance being:
283° 34' 11" 43.11 feet;
to the point of beginning and
containing area of 28.202 Acres, more
or less. (Refer to Parcel 2 as shown on
Exhibit "A".)
The district classification of the following area situated at Keahuolu, North Kona,
Hawaii, shall be General Commercial (CG-10):
PARCEL 3:
Beginning at the west corner of this parcel of land, on the northeasterly side of Queen
Kaahumanu Highway, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "KEAHUOLU" being 1,624.55 feet north and 7,041.56 feet
east, thence running by azimuths measured clockwise from True South:
1. 238° 45' 258.82 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
2. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041), on
a curve to the right with a radius of
6,000.00 feet, the chord azimuth and
distance being:
244° 40' 1,236.98 feet;
-5-
3. 250° 35' 246.21 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
4. 336° 58' 596.89 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
5. 312° 38' 320.32 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
6. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041), on a
curve to the right with a radius of
1,530.00 feet, the chord azimuth and
distance being:
268° 56' 10.5" 1,148.63 feet;
7. 290° 59' 385.97 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
8. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041),
on a curve to the left with a radius of
1,240.00 feet, the chord azimuth and
distance being:
281° 48' 47.5" 395.23 feet;
9. 6° 02' 1,064.94 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
10. 359° 53' 511.41 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
11. Thence along the remainder of Lot 2 of Keahuolu Subdivision (File Plan 2041), on
a curve to the right with a radius of
905.00 feet, the chord azimuth and
distance being:
305° 32' 24.5" 674.68 feet;
-6-
12. 327° 25' 32" 42.21 feet along the remainder of Lot 2 of
Keahuolu Subdivision (File Plan
2041);
13. Thence along the northwesterly side of Palani Road, on a curve to the left with a
radius of 736.80 feet, the chord
azimuth and distance being:
48° 43' 19" 282.04 feet;
14. 36° 48' 20" 270.42 feet along the northwesterly side of
Palani Road;
15. Thence along the north comer of the intersection of Palani Road and Queen
Kaahumanu Highway, on a curve to
the right with a radius of 200.00 feet,
the chord azimuth and distance being:
76° 19' 20" 254.52 feet;
16. 115° 50' 20" 257.75 feet along the northeasterly side of
Queen Kaahumanu Highway;
17. 111 ° 15' S4" 250.80 feet along the northeasterly side of
Queen Kaahumanu Highway;
18. 115° 50' 20" 750.00 feet along the northeasterly side of
Queen Kaahumanu Highway;
19. 25° 50' 20" 10.00 feet along the northeasterly side of
Queen Kaahumanu Highway;
20. 115° 50' 20" 613.60 feet along the northeasterly side of
Queen Kaahumanu Highway;
21. Thence along the northeasterly side of Queen Kaahumanu Highway, on a curve to
the right with a radius of 4,960.00 feet,
the chord azimuth and distance being:
132° 17' 40" 2,810.05 feet;
to the point of beginning and
containing 172.666 Acres, more or
less. (Refer to Parcel 3 as shown on
Exhibit "A".)
-7-
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. These changes in district classification are made subject to the
following conditions: (A) the applicant, its successors or assigns, hereinafter collectively
referred to as "the applicant," shall be responsible for complying with all of the stated
conditions of approval; (B) the changes in district classification shall become effective in
two increments. The first increment shall be comprised of "Lot 1" consisting of 49.9 acres
zoned CG-10 and the second increment shall be comprised of "Lot 2" consisting of the
remaining 265.1 acres, of which 123.9 acres are zoned CG-10, 28 acres zoned Open and
113.2 acres zoned [CO-10,] CG-10 both increments are as described in Exhibit "B"
attached hereto and made a part hereof. The rezoning for Lot 1 shall become effective
when the applicant either (1) has received a written commitment from the Department of
Water Supply, subject only to reasonable and customary limitations on the water usage
and availability, for the amount of water supply deemed necessary for the applicant's
proposed uses within Lot 1; or (2) has provided assurances satisfactory to the Department
of Water Supply and Planning, upon consultation with the State Department of Health
and State Department of Land and Natural Resources, that a water source(s) of sufficient
quality and quantity for the applicant's proposed uses within Lot 1 has (have) been
established, and that an agreement has been entered into with the County through its
Deparhnent of Water Supply and Planning, together with the appropriate bond, surety or
other security deemed acceptable by the Planning Director, for the actual development of
a proven source(s) and its water transmission and distribution system. The rezoning for
Lot 2 shall become effective when the applicant has provided assurances satisfactory to
the Departments of Water Supply and Planning, upon consultation with the State
Department of Health and State Department of Land and Natural Resources, that a
water source(s) of sufficient quality and quantity for the applicant's proposed uses
within Lot 2 has (have) been established and has been entered into an agreement with
the County through its Depaztment of Water Supply and Planning, together with the
appropriate bond, surety or other security deemed acceptable by the Planning
-8-
Department, for the actual development of a proven source(s) and its water
transmission and distribution system. Provided, however, that the applicant shall fulfill
the requirements of this condition of zoning of Lot 1 within three (3) years from the
effective date of this ordinance and for zoning of Lot 2 within [five (5)] ten 10 years
[afrer the effective date of zoning for Lot 1] from the effective date of this amendment.
No time extensions granted pursuant to Condition (R) of this ordinance shall
cumulatively exceed one (1) year for each lot, notwithstanding any other provisions to
the contrary contained therein. The actual effective date of zoning for each lot shall be
certified in writing by the Planning Director upon the determination that the applicant
has satisfied the requirements of Condition (B) for each lot; (C) a Master Plan for the
subject property (Phase I consisting of 315 acres) shall be submitted to the Planning
Director within (1) one year from the effective date of the rezoning of Lot 1. The
Master Plan shall set forth and generally describe the following: size and shape of each
development phase (A-1, A-2, A-3, etc.), the proposed uses therein, infrastructure
systems including public facilities, roadways and bike lanes, estimated phasing of
infrastructure and site development, landscaping and environmental/physical theme or
image, and other topics deemed appropriate by the applicant; D) a detailed Historic
Preservation Plan to treat the 32 significant historic sites in the project area and for data
recovery of 123 sites significant for their information content shall be reviewed and
approved by the Planning Department, in consultation with the State Department of
Land and Natural Resources-Historic Preservation Division, prior to submitting plans
for plan approval review or subdivision review, whichever occurs first. This Plan shall
consist of a detailed archeological data recovery plan (scope of work with research
design) and a detailed preservation plan. The Planning Department and the State
Department of Land and Natural Resources Historic Preservation Division shall verify
in writing the successful execution of the plan, prior to the land altering activities in the
area of historic sites. Proposed mitigation treatment (preservation in place or
disinterment/reinterment) for burial sites must be approved by the State Department of
Land and Natural Resources before detailed mitigation plans are finalized for these
-9-
sites; (E) should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, paving, 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; (F) preliminary vehicular access to Lot 1 from Queen
Kaahumanu Highway (i.e., Queen Liliuokalani Blvd.) shall meet with the approval of
the State Department of Transportation and preliminary vehicular access to Lot 1 from
Palani Road (i.e., Main Street Promenade) shall meet with the approval of the
Department of Public Works. The Main Street Promenade" shall be constructed and
connected between Queen Liliuokalani Blvd. and Palani Road, in two (2) stages. The
first stage shall consist of a preliminary vehicular access (hereinafter defined as road
improvements constructed to non-dedicable standards meeting with the safety and
design requirements of the Department of Public Works) connecting Queen Liliuokalani
Boulevard to Palani Road prior to the issuance of the first certificate of occupancy for
Lot I . The second stage shall consist o1' upgrading the preliminary vehicular access to
dedicable standards including curb, gutter, and sidewalk improvements concomitant
with the development of all CG-10 zoned lands. The appropriate incremental plans for
these roadway improvements shall be submitted to the Department of Public Works for
review and approval; G) vehicular access points onto Queen Liliuokalani Boulevard
shall meet with the approval of the Department of Public Works. The Queen
Liliuokalani Boulevard shall be constructed and connected between Queen Kaahumanu
Highway and the "Mid-Level Road" in two (2) stages. The first stage shall consisC of a
preliminary vehicular access (as defined in Condition F) connecting Lot 1 with Queen
Kaahumanu Highway. The preliminary vehicular access shall be extended toward the
Mid-Level Road on an incremental basis concomitant with each related phase of
development. The second stage shall consist of upgrading the preliminary vehicular
access to dedicable standards including curb, gutter, and sidewalk improvements,
concomitant with the development of [CO-10] CG-10 zoned lands within Lot 2; (H) the
-10-
applicant shall install improvements, which may included signalization at the "Main
Street Promenade" /Palani Road intersection meeting the approval of the Department of
Public Works. The strip of land fronting the subject property for additional right-of-
way along Palani Road to allow for future road widening to the 80-foot right-of-way
mandated by the County General Plan shall be subdivided and dedicated to the County
upon its request. The applicant shall construct an extension of Luhia Street connecting
to Queen Liliuokalani Boulevard as a preliminary vehicular access (as defined in
Condition F) meeting with the approval of the Department of Public Works on or by
December 31, 1995. Prior to the issuance of certificate of occupancy for any portion of
Lot 1, the applicant shall construct the proposed Queen Liliuokalani Boulevard
extension west (makai) to connect with Kuakini Highway as a preliminary vehicular
access (as defined in Conditon F) meeting with the approval of the Department of
Public Works, except that, that portion of the extension of Kuakini Highway to the
Queen Liliuokalani Boulevard extension may consist of upgraded improvements
meeting with the approval of the Department of Public Works; (I) the applicant shall
inform the Department of Public Works on a timely basis of archaeological surveys and
reports which may impact the layout and design of the "Mid-Level Road" . The
applicant shall dedicate to the county upon its request the portion of lands owned by the
applicant as delineated within the right-of-way of the "Mid-Level Road" which
included its extension south of Palani Road to the southern boundary of the ahupua'a of
Keahuolu. Provded that the dedication of lands for any portion of the "Mid-Level
Road" or its extension shall not be required prior to the applicant's receipt of a
Certificate of Occupancy for Lot 1. Any participation from the applicant in the funding
and dedication of roadway and traffic improvements shall not exceed its pro rata share
of said improvements made necessary by the increased traffic resulting from the
applicant's development of the subject property; (7) the applicant shall meet with the
requirements of the Department of Transportation-Highway Division for the
development of the subject property. Provided however, that the signalization of the
Queen Liliuokalani Boulevard-Queen Kaahumanu Highway intersection meeting with
-11-
the approval of the Department of Transportation-Highway Division shall be installed
prior to issuance of a certificate of occupancy for any portion of the subject property;
(K) an overall landscaping master plan, which included landscaping along the
property's frontages along Palani Road and Queen Kaahumanu Highway and a program
for the ongoing maintenance of the landscaping in accordance with the landscaping
master plan, shall be submitted to the Planning Director for review and approval, in
consultation with the Chief Engineer prior to the issuance of final subdivision approval
and/or final plan approval, whichever occurs first; (L) the applicant shall install bike
routes or lanes throughout the project where required by the Planning Director in
consultation with the Chief Engineer as a matter of pedestrian and bicyclist safety; (M)
a drainage system shall be installed meeting with the approval of the Department of
Public Works; (N) the applicant shall construct all on site and off site sewer system
improvements required by the Department of Public Works and State Department of
Health; (O) comply with all applicable laws, rules, regulations and requirements,
including those of the Department of Health, Fire, and the Department of Water
Supply; (P) an annual progress report shall be submitted to the Planning Director prior
to the anniversary date of the permit. The report shall include, but not be limited to,
the status of the development and to what extent the conditions of approval are being
complied with. 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; (Q) should the Council adopt a Unified Impact Fees Ordinance
setting forth criteria for the imposition of exactions of the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the Unified
Impact Fees Ordinance; and, (R) an initial extension of time for the performance of
conditions within the ordinance may be granted by the Planning Director upon the
following circumstances: a) the non-performance is the result of conditions that could
not have been foreseen or are beyond the control of the applicants, its successors or
assigns, (i.e., which shall include, but noC be limited to the presence of archaeological
trails or sites or the presence of endangered species of flora or fauna) and that are not the
-12-
result of their fault or negligence; (b) granting of the time extension would not be
contrary to the general plan or zoning code; (c) granting of the time extension would not
be contrary to the original reasons for the granting of the change of zone; (d) 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 (e) 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. Should any of the conditions not be met or substantially complied
with in a timely fashion, the Director may initiate rezoning of the subject area to its
original or more appropriate designation."
SECTION 3. In the event that any portion of this 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:
_ I
C ` CIL EMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 682
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-13-
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MAP SHOWING
PROPOSED ZONING CHANGES
• AC Keahuolu. North Kona. Island of Hawall. Hawa11
9e. wo Kq ]-a-9e: pOrIIM 1i'
olrtfn:
Lllluokelenl Trust
c/o Flrst Hewllen Bank
Trust Dlvlslan
P.O. m. i99
Ign9lulu. esou 4491
fT3FPAf~D BY:
BELT COLLINi 6 ASSOCIATES
Ee9 ?Ia Peene mulnx9
Fv;t Flag'
NOTES: ~m9ww. na.ai 9seu
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EXHIBIT B ~ ~
Liliuokalani Trust, Keahuolu Lands i%'~ ~ r
Sclt Collins 5e nssociatcs / S Z?'~ goo o ioo .ro
en~n•w!•rl•.rvnr•~..m~p Nra'Yevn IWRI.I~9J tole
fe® I
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