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Home My WebLink AboutORD 1999-048 1998-2000 ,o;-. COUNTY OF HAWAT~~":'~ STATE OF HAWAII ~ ~ BILL NO. to , (Draft 3) ORDINANCE NO. 99 46 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 aznended 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 comet of Grant 908 to Kapalehua, being also the Westerly corner 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: I5. 234° 24' 30" 95.15 feet; -2- 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 Goven:unent 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 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 feet along the same; 30. 288° O8' 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° 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 IA; 37. 166° 02' 00" 25.20 feet along the Northerly side of File Plan 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 lA; 47. 256° 02' 00" 529.00 feet along the Southeasterly side of File Plan 1713, Papaaloa Subdivision, Increment 1 A; 48. 346° 02' 00" 407.03 feet along the Southwesterly side of File Plan 1713, Papaaloa Subdivision, Increment IA; 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° I1' 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- Pazcel 2 The district classification of the following azea situated at Papaaloa, North Hilo, Hawaii, shall be Agricultural (A-20a): Beginning at the Easterly corner 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 refereed 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 -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 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 chanee in dict_rict classification is conditioned upon the followine: [(]AU], [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;] T~~licant successors or assigns shall be responsible for comnlvine ~=^th all of he stated conditions of approval. [(]Bp], [the applicant, Laupahoehoe Sugaz Company submit a subdivision plan for the first increment and secure tentative approval within one (1) 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 AQgroval shall be secured within five (,~,Zyea*s 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[;], [(]CU], [the] Thg 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 Departrnent 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] Thg applicant be responsible to provide a water system in accordance with the County of Hawaii Department of Water Supply standards[;], [(G)]1=, [a minimum azea 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 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 Parks 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 Imna -F .e nrA;nanrP cett;no forth criteria for imne '*ion of exactions or the assessment of impact fees conditions included herein shall be credited towards the ~quirementc of the Unfied Impact Fee Ordinance. [(I-1)]~, [the] ~ applicant work closely with the Soil Conservation Service to operationalize conservation practices relative to the topographic conditions of the proposed development[;], [(I)]~, [a] 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 Comply v^ h all other applicable rules regulations and reg~r ment of the affected agencies for the development of the subject property includine the Denartme^* ^f P„hlir Q7^r><c Tlepartment of Health and Den rtmeR~„ t of Water Su°niv An initial extension of time for the performance of conditions within the ordinance ~y be eranted ~ the Planning Director upon the following circumstances: j. The nop=performance is the result of conditions that could not have been foreseen or are beypnd the control of the applicant successors or assiens and that are not the result of their fault or negligence: r nting of the time extension would not be contrar?+ to the . ne 1 PI n nr 7onine Code: r nti of the time extension would not be contrary to the orieinal reasons for th n ing of the change of zone: and 4. The ime ex,ensio~granted shall be for a period not to exceed the period oriuinally gr n~Iperformance f e a condition to be performed within p~year may be extended for un to one additional veazl j~, hould any of the conditions not be met or substantially complied with in a timer fashion the Director may initiate rezoning of the area to its original or mor appropriate desienation. 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. -11- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ _ .7~~ CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: April 6, 1999 Date of 1st Reading: April 6, 1999 Date of 2nd Reading: April 21, 1999 Effective Date: May 4, 1999 REFEBECtCFi Comm. 4 4 n n ~ APPROVED AS TO FORM AND LEGALITY ~iLL.r1~~.~~ CORPOR,AJ/TION COUNSEL DATED: 7! ZGIQq -12- A-10+ \ A-10+ A-?O+ 773.89 N A - 10. 394.33E f " PAPAALOA" D I ~F \ a 2oP~ 1 y PARCEL 1 SINGLE FAMILY RESIDENTIAL (RS-10) A-zo+ TO AGRICULTURAL (A-l0a) AREA: 99.907 ACRES PARCEL 2 SINGLE FAMILY A - 1O+ RESIDENTIAL (RS-10) TO AGRICULTURAL (A-20a) AREA: 1.087 ACRES r+ - A-10+ A-10+ ~ / ~ re.i 45-IO + f oQ' rs n e5-/f R~ fs-IO - ,~0~ 2.625.62 N ~ 2.926.28E rs - /o A • 10. ' PAPMLOA" 0 tf-r0 ~4 ff-If BEST ROAD ,5- 1{Ay/All RS - /4 Rs /f ~ To Milo R3 - /f ~ E A ° Hono4ao n0 o A_ C V- [s - I f /O M -b l5-/3 A•10+ A - MG A - b AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (FROMINSINGLEEFAMIL RESIDENTIAL (RSTMt 0) T0~ AGR CULTURAL (AE 10a~AND AGRSCULTUTRAL (A-20a) 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 EXHIBIT ..Ar. (JACK RAUOS RANCN, INC.) OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii , (DRAFT 39 ROLL CALL-VOTE ~ AYES NOES ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X Date Introduced: April 6 1999 Chung X First Reading: April 6 1999 Elarionoff X Published: N/A - Jacobson X ' Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 9 0 0 0 Second Reading: April 21 1999 ROLL CALL VOTE To Mayor: April 23 1999 AYES NOES ABS EX Returned: May 4 1999 Arakaki X Effective: MaY 4, 1999 Chung X Published: May 19 1999 (HTH & WI-1T) Elarionoff X May 24, 1999 (RFD Publications) Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 9 0 0 0 I DO HEREBY CERTIFY [hat the foregoing BILL was adopted by the County Council published as indicated afiot~e. APPROVED AS TO O M AND LEGAL Y: , N ~es~.? EPUTY CORPORATION COUNSEL COUN~TlY OF HAWAII C UN L CH IR fAIL N Date 7/~/~ COUN R Q Approred~9ix~wved (his dal' of , ,9 99 Bi11No.: 10 (Draft 3) Y)R, CY)U;1 'OF NA WA/I Reference: C-93.002/PC-5 ' Ord. No.: