HomeMy WebLinkAboutORD 2000-040 1998-2000 8~1_a
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COUNTY OF HAW ; . ~
~ j TATE OF HAWAII
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BILL NO. 216
(Draft 2)
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 ] . Ordinance No. 93-66 is amended as follows:
"SECTION 1. Section [25-87, Article 3,] 25-8-3 (North Kona Zone Map), Article 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-10~
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 of Keahuolu
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 comer 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 lefr 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 (Fi]e 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 corner 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. 1 ] 1 ° 15' S4" 250.80 feet along the northeasterly side of
Queen Kaahumanu Highway;
18. I15° 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° 1T 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 aze made subject to the
following conditions:
(A) [theJ 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] 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,J 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 customazy
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 Department 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
-8-
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 Department of Water Supply and Planning,
together with the appropriate bond, surety or other security deemed
acceptable by [he Planning 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 [after 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] 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[;]_
-9-
(D) [a] 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
sites[;]_
(E) [should] 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] Preliminarv vehicular access to Lot 1 from Queen
Kaahumanu Highway (i.e., [Queen Liliuokalani] Makala Blvd.) shall
meet with the approval of the State Department of Transportation and
-10-
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.] Makala Boulevard 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]
Makala Boulevard to Palani Road prior to the issuance of the first
certificate of occupancy for Lot 1. 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 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] Vehicular access points onto [Queen Liliuokalani] Makala
Boulevard shall meet with the approval of the Department of Public
Works. The [Queen Liliuokalani] Makala Boulevard shall be
constructed and connected between Queen Kaahumanu Highway and the
"Mid-Level Road" in two (2) stages. The first stage shall consist 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[;]_
-11-
(H) [the] The applicant shall install improvements, which may [included]
include 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] Makala
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] Makala 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] Makala Boulevard extension may consist of
upgraded improvements meeting with the approval of the Department of
Public Works[;],
[the] 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
-12-
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[;]_
(J) [the] 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] Makala Boulevard-Queen Kaahumanu Highway intersection
meeting with 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] 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] 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] A drainage system shall be installed meeting with the approval of the
Department of Public Works[;]_
-13-
(N) [the] 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] Comely with all applicable laws, rules, regulations and
requirements, including those of the Department of Health, Fire, and the
Department of Water Supply[;]_
(P) [an] 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] 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] 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 aze beyond the control of the applicants, its
successors or assigns, (i.e., which shall include, but not be limited to
the presence of azchaeological trails or sites or the presence of
-14-
endangered species of flora or fauna) and that are not the 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.
IN O D
C IL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 5 , 2000
Date of 1st Reading: April 5, 2000
Date of 2nd Reading: April 19, 2000
Effective Date: ,p,CAMp~ril 26, 2000
~PP~ ~E AS TO F~~E;M,t~`ND LEGALITY
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MAP SHOWING
PROPOSED ZONING CHANGES
' AL Keahuolu. North Kone. Island of Nerel 1. Nevall
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c/o Flrst Xewllen Bank
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RU'~tFFL BY:
83T COLLit6 G ASSOCIATES
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EXHIBIT B ~ :
Liliuokalani Trust, Keahuolu Lands r
9Nt Collins & nssociatcs too o tw .ro
..~~..•.....~,.•~P.......W.
j " /t ti..l.vn aa.m
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
ROLL CALL VOTE
I~Aj' ~ OES ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki X
Date Introduced: April 5, 2000 Chungr . ~ X
First Reading: April 5, 2000 Elarionoff X
Published: N/A Jacobson X
Leithead-Todd X
REMARKS: Pisicchio X
Smith X
Tyler X
Yagong X
7 0 2 0
Second Reading: April 19, 2000 DRAFT 2
ROLL CALL VOTE
To Mayor: April 25, 2000
AYES NOES ABS EX
Returned: April 18, 2000 Arakaki X
Effective: April 26, 2000
Ma 8, 2000 Chung X
Published: Y
Elazionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FOR AN LEGALI
EPUTY CORPORATION COUNSEL
COUNTY OF HAWAII CIL CHAIRMAN
Date G ~0 ~ t
Y CLERK
Approved/9fsa},~xered this z~ day
of ~ ,20da
Bill No.: 216 (Draft 2 )
AYOR, CO TYOFHAWAII Reference: C-6s2/P -90
Ord. No.: