HomeMy WebLinkAboutBIL 310 Draft 02 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 310
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CONDITIONS D (SUBMIT SUBDIVISION PLANS)
AND E (SECURE FINAL PLAN APPROVAL) OF ORDINANCE NO. 91-22,
WHICH AMENDED SECTION 25-87 (NORTH KONA ZONE MAP), ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, WHICH
RECLASSIFIED CERTAIN LANDS FROM AN UNPLANNED (U) TO AN SINGLE
FAMILY RESIDENTIAL (RS -10) AND (RS -15); MULTIPLE FAMILY
RESIDENTIAL (RM -4) AND NEIGHBORHOOD COMMERCIAL (CN -10) ZONE
DISTRICT AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-3-10:PORTION OF 27.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, 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. Kalaoa 5th, North Kona, Hawaii, shall be
Single Family Residential (RS -10):
Parcel 1:
Beginning at the northeast corner of this parcel of land
and on the south side of Ko'iko'i Street, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA", being 7,172.82 feet
South and 17,340.54 feet West, thence running by azimuths
measured clockwise from true South:
1. 4^ 50' 878.74 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
2. 96° 33' 38" 1,118.45 feet along a Homestead
Road;
3. 98° 30' 02" 578.45 feet along a Homestead
Road;
4. 97" 56' 43" 835.92 feet along a Homestead
Road;
5. 94° 01' 14" 346.34 feet along a Homestead
Road;
6. 202° 10' 483.79 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
7. 112° 10' 2,469.10 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
8. 185° 10' 313.71 feet along Government Land;
9. 292° 10' 2,495.82 feet along Kona Palisade,
Unit III, File Plan 1146;
10. 2740 50' 2,704.74 feet along Kona Palisade,
Unit III, File Plan 1146
and along Kona Palisade,
Unit II, File Plan 1087 to
the point of beginning and
containing an area of
69.429 Acres. (Refer to
Parcel 1 as shown on
Exhibit "A")
The district classification of the following area
situated at Kalaoa 5th, North Kona, Hawaii, shall be
Single Family Residential (RS -5):
Parcel 2:
Beginning at the northwest corner of this parcel of land
and on the south side of Ko'iko'i Street, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA", being 7,172.82 feet
South and 17,340.54 feet West, thence running by azimuths
measured clockwise from true South:
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1 4.
1. 274° 50'
992.78 feet along Ko'iko'i Street
and Lots 202, 201, 200,
199, 198, 197, 196, 195,
194, 193, 192, 191 and
190, Kona Palisades
Subdivision, Unit II, File
Plan 1087;
2. 40 50'
150.64 feet along the remainder
of Grant 2972 to Kaapau
and Kama (Lot 24,
Pu'uhonua Subdivision,
Phase I, File Plan 1988);
3. 274° 50'
133.00 feet along same;
4. 40 50
125.50 feet along the remainder
of Grant 2972 to Kaapau
and Kama (Roadway Lot R-2,
Pu'uhonua Subdivision,
Phase I, File Plan 1988);
5. Thence along
the remainder of Grant 2972 to Kaapau
and Kama on a curve to the
right with a radius of
30.00 feet, the chord
azimuth and distance being:
520 25' 44.30 feet;
6. 100 00'
60.00 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
7. 2800 00'
10.85 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
8. Thence along
the remainder of Grant 2972 to Kaapau
and Kama on a curve to the
right with a radius of
30.00 feet, the chord
azimuth and distance being:
3220 25' 40.47 feet;
9. 40 50'
285.34 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
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10. Thence along the remainder of Grant 2972 to Kaapau and
SD
Kama (Roadway Lot R-3,
Pu'uhonua Subdivision,
Phase I, File Plan 1988)
on a curve to the right
with a radius of 20.00
feet, the chord azimuth
and distance being:
50° 91' 99" 28.71 feet;
11. 96° 33'
38" 37.56 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
12. 6° 33'
38" 209.91 feet along the remainder
of Grant 2972 to Kapaau
and Kama (Roadway Lot R-5
and Lot 23, Pu'uhonua
Subdivision, Phase I, File
Plan 1988);
13. 96° 23'
21" 30.88 feet along a Homestead Road
19, 96° 33'
38" 1,030.90 feet along a Homestead
Road;
15. 1890 50'
878.79 feet along the remainder
of Grant 2972 to Kaapau
and Kama to the point of
beginning and containing
an area of 22.333 Acres.
(Refer to Parcel 2 as
shown on Exhibit "A")
The district
classification of the following area
situated at Kalaoa
5th, North Kona, Hawaii, shall be
Multiple Family
Residential (RM -9):
Parcel 3:
Beginning at the
southeast corner of this parcel of land
and on the north
side of a Homestead Road, the coordinates
of said point of
beginning referred to Government Survey
Triangulation Station
"MOANUTAHEA", being 7,657.68 feet
South and 20,806.56
feet West, thence running by azimuths
measured clockwise
from true South:
1. 99° 01'
19" 90.26 feet along a Homestead
Road;
SD
2. 118° 45' 54" 358.97 feet along a Homestead
Road;
3. 112° 40'
1,377.75 feet along a Homestead
Road;
4. 185° 10'
638.08 feet along a Government
Land;
5. 292' 10'
1,959.10 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
6. 22° 10'
650.94 feet along the remainder
of Grant 2972 to Kaapau
and Kama to the point of
beginning and containing
an area of 26.636 Acres.
(Refer to Parcel 3 as
shown on Exhibit "A")
The district
classification of the following area
situated at Kalaoa
5th, North Kona, Hawaii, shall be
Neighborhood Commercial
(CN -10):
Parcel 4:
Beginning at the
southwest corner of this parcel of land
and on the north
side of a Homestead Road, the coordinates
of said point of
beginning referred to Government Survey
Triangulation Station
"MOANUTAHEA" being 7,657.68 feet
South and 20,806.56
feet west, thence running by azimuths
measured clockwise
from true South:
1. 202- 10'
650.94 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
2. 292° 10'
510.00 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
3. 22° 10'
483.79 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
'J.'3
4. 94° 01' 14" 536.69 feet along a Homestead
Road to the point of
beginning and containing
an area of 6.643 Acres.
(Refer to Parcel 4 as
shown on Exhibit "A")
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
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 applicant shall consummate a water agreement to provide
water for the remaining units with the Department of Water
Supply 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 agreement is consummated;
(C) the Single Family Residential zoned areas shall be
subdivided in two increments. The first increment shall
consist of a maximum of 55 contiguous acres and the second
increment the remaining area. Subdivision plans shall 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 single family 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
M
acceptable to Corporation Counsel and the Planning
Department. 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 the effective date of the
change of zone. Final subdivision approval shall be
secured within one year from the [date of receipt of
tentative subdivision approval] effective date of this
amendment;
(E) plans for the Multiple Family Residential zoned area shall
be submitted and Final Plan Approval secured within two
years from the effective date of [the change of zone]this
amendment;
(F) construction of the units within the Multiple Family
Residential zoned area shall commence (building permit)
within one year from the date of receipt of Final Plan
Approval and be completed within three years thereafter;
(G) plans for the Neighborhood Commercial zoned area shall be
submitted and Final Plan Approval secured prior to receipt
of Final Subdivision Approval for the second zoning
increment of the RS zoned area;
(H) construction of the proposed development within the
Neighborhood Commercial zoned area shall commence (building
permit) within one year from the date of receipt of Final
Plan Approval and be completed within three years
thereafter;
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(I) a drainage system shall be installed meeting with the
requirements of the Department of Public Works;
(J) the main access road and interior subdivision roads shall
be provided with curbs, gutters and sidewalk improvements
meeting with the approval of the Department of Public
Works. Further, as may be required by the Department of
Public Works, the existing north -south roads of the Kona
Palisades Subdivision shall he extended through the
proposed development. Additionally, prior to occupancy
permits for any multi -family development the subdivision
road shall connect to Kaiminani Drive below the community
center. Pending the completion of said subdivision road, a
construction road to accommodate construction traffic
associated with on-site infrastructural work shall be
constructed from the makai end of the subject property to
the actual area of development;
(K) an archaeological data recovery and
mitigation/interpretation plan shall be submitted for
review and approval by the Planning Department, in
consultation with the State Department of Land and Natural
Resources, Historic Sites Section, prior to submitting
preliminary subdivision plans of the first increment or
prior to any land preparation activity, whichever occurs
first;
(L) should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings 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;
M -D
(M) to ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant
shall work with the Office of Housing and Community
Development and the Planning Department to formulate a
housing plan for the development, which shall be consistent
with the interim affordable housing policy of the County as
contained in the 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 in trust, or otherwise voluntarily alter the
ownership interest in the property prior to visible
commencement of construction on the property; provided,
however, that the applicant may transfer ownership in the
property to an affiliate or in a manner consistent with
prior representations to the County Housing Agency;
(N) a minimum area of four acres to be set aside within the
area for active park uses. The park shall be kept in
private ownership and maintenance until such time that the
applicant intends to dedicate it to and with the acceptance
of the County. The exact location and configuration shall
be determined at the time of subdivision approval of
Increment 1 of the Single Family Residential (RS) zoned
area. Minimum improvements shall be provided for the park
area prior to issuance of occupancy permit for any
development within the RM zoned area or prior to receipt of
Final Subdivision Approval of the second increment for the
Single Family Residential (RS) zoned area, and/or prior to
the dedication to the County, whichever occurs first. The
minimum improvements shall include, but not be limited to,
grading and grassing which meet with the approval of the
Directors of the Planning Department and the Department of
Parks and Recreation. Until such time that the park is
dedicated to and accepted by the County, there shall be
adequate assurance, as determined by the Corporation
Counsel, for the maintenance of the private park 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
park in perpetuity; and
(2) empower the County, through the Director of the
Department of Parks and Recreation, to enforce the
covenants to maintain the private park, 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 the work performed by the County has been
reimbursed;
(0) comply with all other applicable laws, rules, regulations
and requirements, including those of the State Land Use
Commission;
(P) 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 the
performance in accordance with] shall be credited towards
the requirements of the Unified Impact Fees Ordinance;
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(Q) 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,
(R) an 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 have been foreseen or are beyond the control of
the applicants, 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 permit;
4) the time extensions 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
5) if the applicants should [require] request an
additional extension of time, the Planning Director
shall submit the applicants' request to the County
Council for appropriate action.
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Further, should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of the 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
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATED:
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