HomeMy WebLinkAboutBIL 050 Draft 07 1998-2000 w
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COUNTY OF HAWAI_ ~ ~ STATE OF HAWAII
~ ~ BILL NO. 50
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(Draft 7)
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 91 21, WHICH RECLASSIFIED THE
DISTRICT CLASSIFICATION OF LAND FROM UNPLANNED (U) TO SINGLE FAMILY
RESIDENTIAL (RS-7.5) AT PUAPUAA 1ST AND 2ND, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-20:1 (formerly portion of 1).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 91 21 is amended as follows:
"SECTION 1. Section [25-87] 25-8-3, 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 azea situated at Puapuaa 1st and 2nd,
North Kona, Hawaii, shall be Single Family Residential [(RS-7.5)] (RS_20):
Begirming at a nail in concrete at the northwest corner of this pazcel of land, the northeast
corner of Lot 10 and on the southeasterly side of R.P. 1669, L.C. Aw. 8516-B:3 to
Kamaikui, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 71.98 feet South and 1119.17 feet East and
running by azimuths measured clockwise from True South:
Following along the middle of an old
stonewall along the southeast boundazy of
R.P. 1669, L.C. Aw. 8516-B:3 to Kamaikui
for the following thirty-eight (38) courses:
1. 254° 59' 30" 40.45 feet to a nail in rock;
2. 256° 53' 30" 195.37 feet to a cut in rock;
3. 250° 02' 16.70 feet to a nail in rock;
4. 255° 18' 88.89 feet to a nail in rock;
5. 249° 55' 30" 101.23 feet to a cut in rock;
6. 253° 43' 30" 33.76 feet to a nail in rock;
7. 246° 00' 70.33 feet to a cut in rock;
8. 242° 45' 42.95 feet to a nail in rock;
9. 246° 11' 30.23 feet to a nail in rock;
10. 252° 1 T 30" 78.42 feet to a cut in rock;
11. 260° OS' 12.34 feet to a 1/2 inch pipe;
12. 247° 49' 13.07 feet to a nail in rock;
13. 235° 48' 19.41 feet to a cut in rock;
14. 244° 52' 24.91 feet to a nail in rock;
15. 243° 52' 30" 37.28 feet to a cut in rock;
16. 240° 52' 26.78 feet to a 1 /2 inch pipe;
17. 246° 15' 77.74 feet to a cut in rock;
18. 249° 56' 30" 45.51 feet to a nail in rock;
19. 252° 59' 89.15 feet to a 1/2 inch pipe;
20. 246° 21' 81.63 feet to a cut in rock;
21. 253° 29' 55.11 feet to a nail in rock;
22. 247° 26' 15.27 feet to a cut in rock;
23. 254° 45' 21.89 feet to a cut in rock;
24. 247° 49' 46.44 feet to a cut in rock on Kuakini Wall;
25. 240° 16' 36.17 feet to a 1/4 inch pipe;
26. 250° 54' 30" 61.62 feet to a 1/2 inch pipe;
27. 238° 12' 36.56 feet to a cut in rock;
28. 252° 20' 97.00 feet to a cut in rock;
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29. 242° 44' 37.39 feet to a cut in rock;
30. 251 ° 22' 29.12 feet to a 1/2 inch pipe;
31. 267° 38' 15.05 feet to a cut in rock;
32. 239° 30' 39.84 feet to a cut in rock;
33. 245° 09' 34.78 feet to a cut in rock;
34. 234° 55' 25.37 feet to a cut in rock;
35. 245° 59' 38.90 feet to a cut in rock;
36. 243° 38' 30" 23.66 feet to a nail in rock;
37. 266° 35' 15.75 feetto a"+" cut in rock;
38. 250° 29' 48.14 feet to a 1/2 inch pipe on the southwest side
of Kuakini Highway;
Thence along the southwest side of Kuakini
Highway for the next eight (8) courses;
39. Along a curve to the right having a radius of 1597.02 feet, the chord azimuth
and distance being:
345° 03' 45" 37.55 feet to
a nail in concrete;
40. Thence along a curve to the right having a radius of 2142.70 feet, the chord
azimuth and distance being:
347° 02' S5" 98.16 feet to
a 1/2 inch pipe;
41. 348° 21' 40" 229.99 feet to a nail in concrete;
42. Thence along a curve to the left having a radius of 1567.89 feet, the chord
azimuth and distance being:
346° 29' 10" 102.60 feet to
a nail in concrete;
43. Thence along a curve to the left having a radius of 1185.92 feet, the chord
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azimuth and distance being:
321 ° 48' 40" 919.13 feet
to a nail in concrete;
44. Thence along a curve to the left having a radius of 1567.89 feet, the chord
azimuth and distance being:
297° 08' 10" 102.60 feet
to a nail in concrete;
45. 295° 15' 40" 924.20 feetto a 1/2 inch pipe;
46. Thence along a curve to the right having a radius of 4543.66 feet, the chord
azimuth and distance being:
295° 32' S9" 45.77 feet to a pipe;
Thence along the middle of an old stonewall
along the northwesterly boundary of R.P.
4475, L.C. Aw. 7713:43 to V. Kamamalu
for the next twenty one (21) courses:
47. 38° 21' 13.93 feet to a pipe;
48. 56° 48' 30" 42.82 feet to a pipe;
49. 43° 18' 30" 39.01 feet to a pipe;
50. 54° 58' 30" 82.86 feet to a pipe;
51. 62° 03' 37.06 feet to a pipe;
52. 54° 50' 30" 40.89 feet to a cut in rock;
53. 49° OS' 43.51 feet to a pipe;
54. 48° 29' 30" 41.69 feet to a pipe;
55. 55° 45' 30" 38.41 feet to a pipe;
56. 49° 06' 95.44 feet to a pipe;
57. 52° 28' 24.88 feet to a pipe;
58. 41 ° OS' 30" 63.24 feet to a cut in rock;
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59. 60° 34' 30" 54.70 feet to a pipe;
60. 57° 45' 34.42 feet to a cut in rock;
61. 50° 34' 43.91 feet to a pipe;
62. 62° 38' 27.23 feet to a pipe;
63. 74° 26' 34.87 feet to a pipe;
64. 49° 33' 42.62 feet to a pipe;
65. 36° 54' 30" 37.08 feet to a pipe;
66. 44° 43' 41.90 feet to a pipe;
67. 46° 55' 30" 85.51 feet to a pipe in concrete on Kuakini Wall;
Thence along a survey fixed by Decree
issued by the Judge of the Circuit Court of
the Third Circuit, State of Hawaii, under
C.A. No. 493 and dated Februazy 8, 1960,
for the next seven (7) courses:
68. 52° 23' 30" 52.36 feet along a stonewall to a spike in concrete
on the south face of said wall;
Thence along the south face of said
stonewall for the next six (6) courses:
69. 57° 58' 30" 117.10 feet to a spike in concrete;
70. 61 ° 2T 30" 132.53 feet to a spike in concrete;
71. 54° 33' 102.06 feet to a pipe in concrete;
72. 57° 34' 124.43 feet to a pipe in concrete;
73. 54° 47' 30" 201.74 feet to a pipe in concrete;
74. 54° 59' 30" 91.24 feet to a spike in concrete;
75. 148° 08' 450.00 feet along Pazcel A along the remainder of
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R.P. 7819, L.C. Aw. 8559-B, Apana 8 to
Wm. C. Lunalilo to a spike in concrete;
76. 58° 08' 800.00 feet along Parcel A along the remainder of
R.P. 7819, L.C. Aw. 8559-B, Apana 8 to
Wm. C. Lunalilo to a pipe;
77. 148° 08' 455.88 feet along Lots 2A, 3A and 4A to a pipe in
concrete;
78. Thence along Lot 4A along a curve to the right having a radius of 5050.00 feet,
the chord azimuth and distance being:
149° 08' 176.26 feet to a
pipe in concrete;
79. 60° 08' 50.00 feet along Lot 4A to a spike in concrete;
80. 150° 34' 30" 78.63 feet along Lot 4A and SA to a spike in
concrete;
81. 241° O1' 50.00 feet along Lot SA to a spike in concrete;
82. Thence along Lots SA, 6A, 7A and 8, along a curve to the right having a radius
of 5050.00 feet, the chord azimuth and
distance being:
155° 51' OS" 851.24 feet;
83. 160° 41' 10" 724.42 feet along Lots 8, 9 and 10;
84. Thence along Lot 10 along a curve to the right having a radius of 2050.00 feet,
the chord azimuth and distance being:
161 ° 11' 03" 35.64 feet to
the point of beginning and containing an
area of 108.336 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. [This change] These chances in district classification [is] ~Tg conditioned
upon the following:
(A) [that the] ~jl
g applicant, successors or assigns shall be responsible for complying
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with all of the stated conditions of approval[;],
(B) [the] ~ applicant shall submit the required water commitment payment for
[200] Q$ units to the Depaztment of Water Supply in accordance with its "Water
Commitment Guidelines Policy" within ninety days from the iv date of
[approval of the change of zone. The applicant shall consummate a water
agreement for the remaining 153 units with the Departments of Water Supply and
Planning within ninety days from the date of approval of the change of zone. The
zoning of the property shall not be in effect until the water commitment payment
is accepted by the Department of Water Supply and the water agreement is
consummated;] this ordinance.
(C) [the property shall be subdivided in two increments. The first increment shall
consist of a maximum of 60 contiguous acres (exclusive of the pazk, school, and
water tank sites and major azchaeological preservation azeas) and the second
increment the remaining azea. Subdivision plans may be submitted for the second
increment after development has occurred in the first increment as determined by
the Planning Director. "Development" means that building permits have been
issued for dwelling units and construction has been partially completed to the
extent that roofs have been constructed on a minimum of twenty-five percent of
the number of lots proposed for the first increment. In lieu of actual construction,
the applicant may enter into an agreement with the Planning Department to assure
the County that the dwellings will be constructed within a given period. Such
agreement shall be secured by a surety bond, certified check or other security
acceptable to Corporation Counsel and the Planning Depaztment. Upon final
execution of such agreement and filing of the security with the County,
subdivision plans for the second increment may be submitted prior to the actual
construction of the dwellings in the first increment;
(D) subdivision plans for the first increment shall be submitted within one year from
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the effective date of the change of zone.] Final subdivision approval which shall
provide for no more than 98 residential lots shall be secured within [one yeaz from
the date of receipt of tentative subdivision approval.] five years from the effective
date of this ordinance. Plans for necessazy infrastructural improvements,
including intersection improvements, sewer collection and transmission lines and,
if appropriate, an interim sewage treatment system, shall be submitted in
conjunction with construction drawings for final subdivision approval of the first
increment[;]. Further. no second dwellings shall be permitted on the lots.
[(E)] ~ [a] A drainage system shall be installed meeting with the requirements of the
Department of Public Works[;],
[(F)] (~F [access(es)] Access(es) shall meet with the approval of the Department of Public
Works. No lots shall have direct access from Kuakini Highway or Alii Hi~hwav
rieht-of-way. Kuakini Highway-Kahakai access road intersection shall be
improved with a channelized intersection [and traffic signal conduits and pull
boxes] which [meet] meets with the requirements of the Department of Public
Works. [The Kuakini Highway-Kahakai access road intersection shall be
provided with a traffic signal as follows:
1) the design for the traffic signal will be submitted to the Department of
Public Works for review and approval in conjunction with construction
drawings for final subdivision approval of the first increment;
2) the traffic signal conduits and pull boxes will be installed during
construction of the Kahakai access road intersection with Kuakini
Highway. These improvements shall be provided prior to final
subdivision approval of the first increment or as otherwise provided by
Chapter 23 (Subdivision Control). A channelized intersection at the Alii
Highway-main access road intersection shall be constructed;]
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[(G)] (F~ [the] ~ main access road and interior subdivision roads shall be [provided with
curbs, gutters and sidewalk improvements and underground utilities. Interior
north-south roadways] rlrivately owned and the improvements shall be subject to
the approval of the Department of Public Works. Roadway connections shall
extend to the [boundaries] subject prone y's southern boundary to provide
connection with existing and future roadways to adjacent properties. [Roadway
access to Kahakai Elementary School shall be constructed prior to occupancy of
the first increment affecting lands adjacent and to the north of Kahakai School.
This roadway connection shall meet with the approval of the Department of
Public Works and the Department of Education;]
[(H)] [the Alii Highway right-of--way and associated easements within the property shall
be dedicated to the County within six months of the date of final right-of--way
determination by the Department of Public Works. That section of the Alii
Highway within the property shall be constructed in accordance with the
requirements of the Department of Public Works prior to the issuance of final
subdivision approval of the second zoning increment or upon a determination by
the County that the roadway be constructed, whichever occurs first;] on the
determination of the required right-of--way of the Alii Highway by the Department
of Public Works and the completion of the right-of--way subdivision by the
County. the applicant shall dedicate such right-of--way and any resulting remnants
of the subject property to the west of the right-of--way in fee simple to the County
upon its r~uest. At the same time. the applicant shall dedicate to the County a
~y-foot wide right-of--way between Alii Drive and Alii Highway reservine to
itself a sewer easement to permit the development of a sewer interceptor line by
the applicant for its ~roiect The applicant shall make its fair share contribution
for the proposed Alii Highway proiect.
[(I)] ~ [should] Should an Improvement District be implemented for the construction of
the proposed Alii Highway, the applicant, successors or assigns shall
automatically be a participant in the Improvement District, provided, however,
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that the contribution of land and the construction of improvements can be credited
towazds the applicant's Improvement District assessment.
Jj) A Traffic Impact Anal si~eport (TIAR) shall be nreoazed and submitted for
review and approval to the Department of Public Works prior to submittal of
plans for subdivision review.
(J) [an] QII [intensive] azchaeological inventory survey, data recovery and
mitigation/interpretation plan as well as resulting reports shall be submitted for
review and approval by the Planning [Department] Director, in consultation with
the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD), prior to submitting preliminary subdivision plans [of the first
increment] or prior to any land preparation activity, whichever occurs first.
Mitigation shall include, but not be limited to, the preservation of Kuakini Wall
with [approved buffers] a ten meter minimum buffer on both sides of the wall
measured from its base. in the form of written easements and the formulation of
historic preservation azea(s). Easements and preservation azeas shall be delineated
on maps submitted for subdivision approval. Restrictive covenants approved by
the Planning [Department] Director, in consultation with the [Department of Land
and Natural Resources-Historic Sites Section] DLNR-HPD, shall provide for
continued preservation and maintenance of the [sties] sites to be preserved. The
proposed subdivision shall breach Kuakini Wall at only one point approved by the
Planning [Department] Director in consultation with the [Department of Land and
Natural Resources;] DLNR-HPD. Said breach shall be done in accordance with a
plan,~pnroved by the Planning Director in consultation with DLNR-HPD and
monitored by~aualified archaeologist. using mechanical and non-mechanical
means to ensure the integrity of the Kuakini Wall. and stabilizing the wall's two
oven ends to prevent the structure from collapsing
(K) [a burial treatment plan and detailed mitigation measures shall be approved by the
Department of Land and Natural Resources prior to submitting preliminary
subdivision plans for the first increment or prior to any land prepazation activity,
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whichever occurs first;] Proposed mitigation treatment (preservation in place or
disinterrLmenUreinternmentl for burial sites shall hP gpyroved by the xr~storic
Preservation Division's Hawaii Island Burial Counc;l hefnrr dPra;IrA ,r,;rigation
plans aze finalized for these sites. A copy of the approved Final Data Rrrnve
Plan and Preservation Plan shall be submitted to the Planning Director for its files
prior to submittine plans for subdivision review and prior to any~proval for anv
land alteration permits.
(L) [should] Should any unidentified sites or remains such as artifacts, shell, bone, or
chazcoal deposits, human burials, rock or coral alignments, pavings or walks be
encountered, work in the immediate azea shall cease and the [Planning
Depaztment] DLNR-HPD shall be immediately notified. Subsequent work shall
proceed upon an azchaeological cleazance from the [Planning Department]
DLNR-HPD when it finds that sufficient mitigative measures have been taken[;],
(M) That parcel identified as the sewer easement makai of the proposed p=gject. which
would basically connect Alii Highway or Pazkwav to Alii Drive. would be
dedicated in fee simple to the County for sewer and roadway purooses upon
completion by the developer. [sewer] Sewer collection and system transmission
lines shall be constructed to the Alii Drive interceptor [meeting with the approval
of the Department of Public Works. In the event that any portion of the
development is completed prior to completion of the municipal interceptor
serving the development, the applicant shall also construct an interim sewage
treatment system, which location and design] provided: however. that if the first
phase of the project to the east of the Kuakini Wall contains lots with a minimum
lot size of one acre or more. said lots may be serviced by septic tanks or other
method which meets with the approval of the Departments of Public Works,
Health, ~ Planning [and Education;],
(N) [to] T~ ensure that the Goals and Policies of the Housing Element of the General
Plan aze implemented, the applicant shall [work with the Office of Housing and
Community Development and the Planning Department to formulate a housing
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plan for the development, which shall be consistent with the interim affordable
housing policy of the County as contained in 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 first increment provided that the
applicant shall notify the County Housing Agency of any intent to sell, lease,
assign, place intrust, or otherwise voluntazily alter the ownership interest in the
property prior to visible commencement of construction on the property;
provided, however, that Petitioner may transfer ownership in the property to an
affiliate or in a manner consistent with prior representations to the County
Housing Agency;] comply with the requirements of Chanter 11. Article 1. Hawaii
County Code. relating to Affordable Housing.
(O) [the] ~7g applicant shall set aside a minimum of 4± acres of land for private
active recreational pazk use to service the projected population of the
development. The location of the pazk site with minimum grassing and grading
shall meet with the approval of the Departments of Pazks and Recreation and
Planning. [Further, the pazk site shall be dedicated to the County within one yeaz
after the date of receipt of final subdivision approval;]
(P) [the] ~g applicant shall work with the State Department of Education to
designate a minimum of 1.7± acres of land for purchase by and with the
concurrence of the State Department of Education. Further, the applicant shall
provide its pro rata shaze for school facilities as may be required by and to the
satisfaction of the Planning Depaztment in consultation with the State Department
of Education. The pro rata share determination and its implementation shall be
provided by the Planning Department in consultation with the Department of
Education prior to final subdivision approval[;],
(Q) [as agreed to by the applicant, restrictive covenants in the deeds of all the
residential lots shall prohibit the construction of ohana dwelling units. A copy of
the proposed covenant(s) shall be submitted to the Planning Department for
review and approval prior to final subdivision approval of the first increment.
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Written assurance for implementation of this condition, which has met with the
approval of the Planning Department, shall be submitted to the Planning
Department prior to final subdivision approval of the first increment. A copy of a
typically recorded covenant shall be filed with the Planning Department within
one year from the date of final subdivision approval of the first increment;]
Restrictive covenants in the deeds of all the proposed lots within the subjg~(
property shall prohibit the construction of a second dwelling unit on each lot and
shall prohibit further subdivision in excess of the tota198 residential lot A cony
of the proposed covenant(sl to be recorded with the Bureau of Conveyances shall
be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision approval. A cony of the approved covenant shall
be recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances for any portion of the subject prope~y. A cony
of the recorded document shall be filed with the Planning Department upon its
rece].pt from the Bureau of Convenes.
(R) [comply] Comely with all other applicable laws, rules, regulations and
requirements, including those of the Departments of Health, Water Supply, Land
and Natural Resources, Public Works, and Education[;],
(S) [should] 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 [may, at the developers' election, be satisfied by
performance in accordance with] shall be credited towards the requirements of the
Unified Impact Fees Ordinance[;],
(T) [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,],
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(U) [an] 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 conditions that could not have been
foreseen or aze beyond the control of the applicants, successors or assigns,
and that aze not the result of their fault or negligence;
2) granting of the time extension would trot be contrary to the General Plan
or Zoning Code;
3) granting of the time extension would not be contrazy to the original
reasons for the granting of the [permit] change of zone;
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 yeaz may be extended for up to one additional yeaz); and
5) if the applicants should require an additional extension of time, the
Planning Director shall submit the applicants' request to the County
Council for appropriate action. [Further,]
V. [should] Should any of the conditions not be met or substantially complied with in
a timely fashion, the Director [shall] a initiate rezoning of the subject azea to
its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed. New material is underscored.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
,
~ ~ li~~ . >
UNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
RE~EREAICFs Comm. 187.010
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-15-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE
MAI°) ARTICLE 8, CHAI°TER 25 ZONING COD7=~ OF
THE HAWAti COUNT7' CODE, f3>' CT-FANGING THE
DISTRICT CLASSIFICATION FROM AGIZIGULTUI2AL
(A-sa)1-o SINGLE PAM1Ly i?E51C71=NT1Al- (RS-ZO)
AT PUAPUAA 1ST AND 2ND, NORTH KONA,
I'lA1NAl1.
PRE1°AREt7 ray =PLANNING DEPARTMCNT
COUNTY of !-iAWAII
JUNE ZSIt~J°J9(Revised)
TMK ' 7- 5~~-O c PORT101V OF 1 JUNE 6, I°O-~°-~O
EXHIBIT 11A" ~KANArtAI A7-10GIATQ~~