HomeMy WebLinkAboutBIL 067 Draft 02 1998-2000 COUNTY OF HAWAI STATE OF HAWAII
BILL NO. 67
(Draft 2)
ORDINANCE NO. _
AN ORDINANCE AMENDING ORDINANCE NO. 94 -78, WHICH RECLASSIFIED LANDS
FROM UNPLANNED (U) TO AGRICULTURAL (A -la) AT PUUANAHULU
HOMESTEADS, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7 -1 -05:9, 10, 22, 26, 28 -34, 39, 40, 41, 58 & 59.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 94 -78 is amended as follows:
"SECTION 1. Section 25 -86, 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 area situated at Puuanahulu
Homesteads, North Kona, Hawaii, shall be Agricultural (A -la):
Beginning at a set rebar and cap at the Easterly corner of this parcel of land, on the
Southwesterly side of a 25 -foot wide Road Reserve (Homestead Road) and on the
Northwesterly side of Mamalahoa Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PUU PANINI" being 1006.94 feet
North and 5250.91 feet East and running by azimuths measured clockwise from True
South:
Thence along the Northwesterly (makai) side of Mamalahoa Highway for
the following four (4) courses:
1. 62° 13' 00" 8.13 feet to a rebar and cap;
Thence along a curve to the left with a radius of 2045.65 feet, the chord
azimuths and distance being;
2. 60° 40' 46" 101.76 feet to a rebar and cap;
3. 59° 08' 54" 846.01 feet to a found pipe;
4. 59° 11' 00" 149.89 feet to a found pipe in concrete;
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5. 149° 08' 00" 326.37 feet along Lot C to a found pipe in concrete;
6. 59° 10' 50" 399.40 feet along Lot C to a found pipe in concrete;
7. 329° 12' 00" 331.12 feet along Lot C to a rebar and cap;
Thence along the Northwesterly (makai) side of Mamalahoa Highway for the
following three (3) courses;
8. 56° 55' 00" 3.37 feet to a rebar and cap;
9. 56° 55' 10" 716.93 feet to a found pipe;
10. 56° 57' 00" 472.37 feet to a found pipe;
11. 121° 04' 00" 681.39 feet along TMK: 7 -1- 05:36, the remainder of
Grant 7540 to a rebar and cap;
12. 8° 18' 00" 153.94 feet along fence and along TMK: 7 -1- 05:36,
the remainder of Grant 7540 to a rebar and
cap;
13. 13° 18' 00" 89.00 feet along fence and along TMK: 7 -1- 05:36,
the remainder of Grant 7540 to a rebar and
cap;
14. 24° 47' 00" 674.50 feet along fence, along TMK: 7 -1 -05:51 and
50, the remainder of Grant 6151 to a found
pipe in concrete;
15. 94° 16' 25" 25.00 feet crossing end of 25 -foot old Homestead
Road to a rebar and cap;
16. 94° 23' 30" 154.28 feet along fence along Lot 26 -B to a found
pipe;
17. 94° 12' 30" 420.73 feet along fence along Lot 26A -1 to a found
pipe at fence corner;
18. 4° 25' 25" 433.57 feet along fence along Lot 26A -1 to a found
pipe;
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19. 53° 34' 00" 24.51 feet crossing the old Homestead Road
(25 -foot wide) to a rebar and cap;
20. 143° 41' 00" 270.50 feet along stonewall along Lot 27 -B to a
found nail at middle of stonewall;
21. 143° 24' 00" 310.24 feet along stonewall along Lot 27 -B to a
found nail and " +" at middle of stonewall;
22. 32° 35' 50" 537.23 feet along Lot 27 -B to a found pipe;
Thence along an old fence line, along State of Hawaii lands for the following
(15) courses;
23. 140° 17' 00" 502.04 feet to a found pipe;
24. 141° 54' 00" 369.02 feet to a found pipe;
25. 162° 04' 00" 643.50 feet to a set rebar and cap;
26. 167° 19' 00" 157.00 feet to a set rebar and cap;
27. 166° 09' 45" 473.02 feet to a set rebar and cap;
28. 177° 33' 50" 168.02 feet to a set rebar and cap;
29. 167° 19' 00" 157.00 feet to a set nail in a found " +" on rock;
30. 171° 51' 00" 576.00 feet to a found pipe;
31. 211° 35' 00" 305.03 feet to a found pipe;
32. 224° 52' 00" 141.96 feet to a found pipe;
33. 223° 31' 00" 522.00 feet to a set rebar and cap;
34. 175° 56' 00" 606.79 feet passing over a set rebar and cap at
545.02 feet to a set nail in a found " +" in a
set stone;
35. 178° 24'. 40" 801.47 feet to a found " +" on rock;
36. 241° 51' 55" 677.87 feet to a found "+" on rock;
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37. 245° 07' 50" 373.00 feet to a found " +" on rock;
38. 241° 14' 05" 463.15 feet along State of Hawaii lands to a found
pipe and rock marked "XXXVI ";
39. 261° 34' 25" 531.86 feet along State of Hawaii lands to a found
pipe at fence line;
40. 256° 59' 35" 331.98 feet along a fence line and stonewall, along
State of Hawaii lands to a found spike in
rock and concrete at fence and wall junction;
41. 317° 36' 00" 591.70 feet along stonewall and fence line, along
State of Hawaii lands to a set P.K. Nail at
the West face of stonewall;
Thence following near (paralleling) old fence line and broken stonewall, along
State of Hawaii lands for the remaining
eleven (11) courses;
42. 324° 55' 00" 684.18 feet to the middle "X" of a rock marked
"XXXVII ";
43. 323° 29' 00" 232.10 feet to a spike in rock;
44. 325° 25' 00" 436.00 feet to a set rebar and cap;
45. 329° 34' . 00" 250.00 feet to a set rebar and cap;
46. 330° 48' 00" 37.90 feet to a set rebar and cap;
47. 331° 33' 35" 910.42 feet to a set nail and cap in concrete;
48. 325° 13' 00" 120.00 feet to a set rebar and cap in concrete;
49. 301° 53' 00" 335.82 feet to a set P.K. Nail in rock;
50. 313° 10' 25" 34.65 feet crossing the end of an old 25 -foot wide
Homestead Road to a set P.K. Nail in rock;
51. 314° 46' 55" 528.79 feet along the Southwesterly side of the old
Homestead Road to a found " +" on rock
marked "XXI ";
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52. 310° 58' 00" 327.75 feet to the point of beginning and containing
an area of 425.69 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval;
(B) The effective date of the rezoning shall be when:
(1) The applicant provides assurances satisfactory to the Departments of
Water Supply and Planning, upon consultation with the State Department
of Health and the Department of Land and Natural Resources, that a
water source(s) of sufficient quality and quantity has been established
within two years from the enactment of this ordinance; provided that a
maximum one -year extension may be granted by the Planning Director
with reasonable and sufficient justification;
(2) An agreement, together with the appropriate bond, surety or other
security deemed acceptable by the Planning Director, is executed
between the applicant and the County through its Departments of Water
Supply and Planning for the actual development of a proven source and
its water transmission and distribution system within one year for the
official date of compliance with Condition B(1); provided that a one -year
extension may be granted by the Planning Director with reasonable and
sufficient justification;
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(C) Plans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five (5) years from
the effective date of rezoning determined in Condition B. As represented and
agreed to by the applicant, the proposed residential - agricultural subdivision shall
not exceed a maximum limit of 106 one to five -acre sized lots. Prior to the
issuance of Final Subdivision approval of any portion of the subject property,
except for consolidation and resubdivision of existing parcels, the applicant shall
submit to the Planning Director to initiate a change of zone application to
reclassify all lands comprising the 27 -hole golf course, the community park and
related recreational facilities into an Open -zoned District classification, and the
director shall initiate such rezoning upon the issuance of final subdivision
approval;
(D) It shall be demonstrated to the satisfaction of the Planning Director that
agricultural activity is being conducted on the subdivided lots within three years
from the date of Final Subdivision Approval. For the purpose of this condition,
"agriculture" shall be defined as the cultivation of crops, including but not
limited to flowers, vegetables, foliage, and fruits that are propagated for
economic or personal use. An agricultural activity will be considered
satisfactory:
(1) If such activity is implementing a conservation program for the affected
property(ies), as approved by the applicable soil and water conservation
district directors and filed with the Soil Conservation Service;
(2) If it provides a source of income to the person(s) who reside on the
property or;
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(3) If the property is dedicated for agriculture uses in accordance with
applicable Tax Department procedures and that such agriculture
dedication shall be made a deed covenant and duly recorded with the
State Bureau of Conveyances and a copy of the recorded deeds shall be
filed with the Planning Department within one year from the date of
Final Subdivision Approval;
Each approved lot must comply with at least one of the above requirements to
satisfy the conditions of approval of this ordinance;
(E) As agreed to by the applicant, restrictive covenants in the deeds of all the
proposed residential - agricultural lots shall prohibit the construction of an ohana
dwelling or a second dwelling unit on each lot. A copy of the proposed
covenant(s) 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 copy of the approved covenant shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision Approval;
(F) A wastewater disposal system shall be constructed in a manner meeting with the
approval of the State Department of Health and /or the Department of Public
Works, whichever is applicable;
(G) A comprehensive drainage study of the subject property shall be prepared for
the review and approval of the Department of Public Works, in conjunction with
the submittal of plans for subdivision review. Drainage improvements, if
required, shall be constructed in a manner meeting with the approval of the
Department of Public Works, prior to the issuance of Final Subdivision
Approval of the subject property;
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(H) A final archaeological inventory survey and mitigation plan shall be prepared
and submitted for approval by the Planning Director, in consultation with the
Department of Land and Natural Resources - Historic Preservation Division,
prior to submittal of plans for subdivision review. The Plan shall consist of two
subplans;
(1) An archaeological data recovery plan for the sites to undergo data
recovery;
(2) A detailed preservation/interpretation plan for the sites to undergo
preservation. The preservation/interpretation plan shall include buffer
zones, signage, interim protection measures, and long -range preservation
concerns. The Plan shall also detail measures to provide unrestricted
assess to all individuals wishing to visit any burial sites which may be
located within the project site. Proposed mitigation treatment
(preservation in place or disinternment /reinternment) for burial sites
must be approved by the Historic Preservation Division's Hawaii Island
Burial Council before detailed mitigation plans are finalized for these
sites. The Planning Department and the State of Hawaii's Historic
Preservation Division shall verify in writing the successful execution of
the plan, prior to land altering activities in the area of historic sites;
(I) Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken;
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(J) Access(es) to the project site shall be constructed in a manner meeting with the
approval of the Departments of Transportation- Highways Division and /or Public
Works, whichever is applicable. The proposed main project access roadway
intersection with the Mamalahoa Highway shall be channelized with left turn
storage lanes and acceleration and deceleration lanes with appropriate street
lighting which shall be completed prior to Final Subdivision Approval for any
portion of the Agricultural -zoned area within the project site. Guardrails shall
be installed along the project site's Mamalahoa Highway frontage for all lots
requiring protection from highway traffic;
(K) In Lieu of the actual construction of infrastructural improvements as required
under Conditions F, G and J, the applicant may enter into an agreement with the
Planning Director to assure the county that the infrastructural improvements will
be constructed together with the appropriate bond, surety or other security
deemed acceptable to the Planning Director and the Corporation Counsel. Upon
execution of such agreement and /or filing of the security with the County, final
subdivision approval for the subject property or portions thereof shall be granted
prior to the actual construction of required infrastructural improvements;
(L) The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to park, fire, police, solid waste disposal
facilities, sewer and roads. The fair share contribution shall be initially based
on the representations contained within the change of zone application and may
be increased or reduced proportionally if the residential - agricultural lot counts
are adjusted. The fair share contribution for each residential - agricultural lot
shall be based on a maximum density for each lot as determined by the zoning
resulting from this change of zone. The fair share contribution in a form of
cash, land, facilities, or any combination thereof shall have a maximum
combined value of $728,984.26. The fair share contributions described above
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shall be adjusted annually based on the percentage change in the Honolulu
Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the
applicant may construct such facilities related to park, fire, police, solid waste
disposal facilities, sewers and roads with the approval of the appropriate
agency(ies). Any contributions required by this ordinance that exceed the fair
share requirement of the subject property shall, at the applicant's request be
credited towards any of the applicant's future developments that require
infrastructural impact contributions;
(M) To ensure the Goals and Policies of the Recreation Element of the General Plan
are implemented, the applicant shall:
(1) Subdivide and convey in fee, approximately [4.4 +110 + acres of land
within the project site, to the Pu'uanahulu Community Association or its
designee for development as a community park. within six (6) months
from the effective date of this amendment. The applicant shall be
r ib a sr ra •_ - nt of .- tar ' rea ta.e •nd li. a"
• c ft s - ar r isd,i-rit is e .nc s he'
Community Association ;
(2) as represented by and committed to by the applicant, the community
park, a community recreational center and volunteer fire station shall be
[constructed within the community park site] completed by December 1,
2000; and
(3) the applicant shall provide metered potable water service equal to three
(3) units of water, as units are defined by the County Department of
Water Supply for use at the community park. Upon the County's
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request, the applicant shall also provide a minimum of one (1) unit of
water to its property line to accommodate a public rest stop.
All necessary approvals to allow the construction of the proposed facilities
within the project site shall be applied for and secured by the applicant with the
completion of its construction [prior to the opening of the golf course] by
December 1. 2000;
(N) The applicant shall install pedestrian walkways and bike lanes within the
proposed subdivision development as a means of addressing pedestrian and
bicyclist safety. The location of these walkways and bike lanes, which shall be
determined by the Planning Director in consultation with Na Ala Hele, shall be
indicated on plans submitted for subdivision review;
(0) A solid waste management plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision
review. The Plan shall include, but not be limited to, the management of
construction solid waste as well as operating and domestic solid waste generated
by the subject property. Approved recommendations and mitigation measures
shall be implemented at a time and in a manner meeting with the approval of the
Department of Public Works;
(P) The applicant shall establish and maintain a landscaping program around the
new electric substation located near the northeast boundary of the subject
properties;
(Q) The applicant, successors or its assigns shall recite in the deeds of all the
proposed agricultural lots within the proposed agricultural lots within the project
site, to be recorded with the Bureau of Conveyances, that all prospective lot
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owners shall be responsible for paying any additional real property taxes owed
as a result of withdrawing the property from dedicated agricultural use to
residential use and shall inform the Director of Finance in writing of any such
changes;
(R) The applicant shall comply with the provisions set forth by the State Department
of Land and Natural Resources for the acquisition of paper homestead roads
relating to the public easement route;
(S) Comply with all applicable laws, rules, regulations and requirements of the
affected agencies;
(T) 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 shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
(U) An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval of this change of zone. The report shall
address in detail 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 with and the Planning Director
acknowledges that further reports are not required;
(V) An initial extension of time for the performance of conditions within the
ordinance, with the exception of Condition B, may be granted by the Planning
Director upon the following circumstances:
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(1) The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or
assigns, and that are not the result of their fault or negligence;
(2) Granting of the time extension would not be contrary to the General Plan
or Zoning Code;
(3) Granting of the time extension would not be contrary to the original
reasons for the granting of the 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 year may be extended for up to one additional year);
(5) Should the applicant require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
(W) Further, should any of the conditions not be met or substantially complied with
in a timely fashion, the Director [shall] may initiate rezoning of the area to its
original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY: /
COUNCIL MEMBER, COUNTY OF HAWAII
•
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading: . •
Effective Date:
REFERENCEt Comm. 2 4 8.0 01
APPROVED AS TO FORM AND LEGALITY
•
CORPORATION COUNSEL
DATED: —
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et FOR REFERENCE ONLY
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AMENDMENT TO THE ZONING CODE
AM END INIS SECTION - as-gC (NORTH AND SOUTH I<ONA
DISTRICTS ZONE? MAP) ARTICLE ?J, CHAPTER 25 (=ON INS,
CODE) OF THE HAWAII COUNT,' CODE, I!57 CHANGING THE
DISTR C L A SS I F ? CAT I 0 N FRorr1 UNPLANNED (U) TO
AGR!CULTUIQAL (A-%=) AT PUUANAHUL.0 HOMESTEADS,
NORTH KO NA, NAWAII_ .
PR=PARCD Hy a PLANNING o EPA; RTtvi l7NT /
Co 1.4NT7' or HAWAII
TM 1'C e 7_1- 05 c g, 1 0. - -7:2-,•t6, =8 -ea*, 39-41, 58 *59 - •E9.4, IVV4
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