HomeMy WebLinkAboutBIL 310 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 'ii n
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITIONS OF ORDINANCE 91-22 FOR LANDS
SITUATED 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. 274' 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:
2
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. 4° 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:
52° 25' 44.30 feet;
6. 10" 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. 4" 50'
285.34 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
3
10. Thence along the remainder of Grant 2972 to Kaapau and
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' 41' 49" 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
14. 96' 33' 38" 1,030.90 feet along a Homestead
Road;
15. 184' 50' 878.74 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 -4):
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. 94' 01' 14" 40.26 feet along a Homestead
Road;
4
R
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. 2920 10'
510.00 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
3. 220 10'
483.79 feet along the remainder
of Grant 2972 to Kaapau
and Kama;
R
,
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
61
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
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] on or before September 9,1994; (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]on or before September 9
1995; (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
7
Approval and be completed within three years thereafter; (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 be
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
Fy
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) 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.
9
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
10
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
the requirements of the Unified Impact Fees Ordinance; (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
11
applicants should require an additional extension of time, the
Planning Director shall submit the applicants' request to the
County Council for appropriate action. 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 CIP HAWAII
Hilo, Hawaii
Date of Introduction: October 5, 1994
Date of 1st Reading: October 5, 1994
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATED:
12
AMENDMENT TO THE ZONING CODE
AMENDING SECTION ZS -B7 (NORTH KOIVA ZONE MA.P)
ARTI CLE B, CHAPTER -.5 (ZONING LOOM) OF THIa
HAWAII COUNT? CODE, BY CHANGING THE DISTrRICT
CLASSIFICATION FROM UNPLANNED (U) TO SINOLf=
FAMILY 1RESIDENTIAL (RS -10) AND (RS -IM); MULTIPLE
FAMILY RES1DeNT1AL (RM -4) AND NEIGHl5ORHCO=
COMMERCIAL (CN -10) AT KALAOA 5TH, NORTH
KONA, HAWAII.
PRHPARGD BT pLANNIN6 DEPARTMENT
GOU NTT °F HAWAII
-7"M . 7-3- to : 7 -OM. eF 7.7
XH'BIT "A'
OCT- 79, 1990
EXHIBIT A
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UNPLANNED (U) TO SINQ L6
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AREA =7.2.333 ACRES
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FAMILY IQ061OL�NTIAL (RM /
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ZS -B7 (NORTH KOIVA ZONE MA.P)
ARTI CLE B, CHAPTER -.5 (ZONING LOOM) OF THIa
HAWAII COUNT? CODE, BY CHANGING THE DISTrRICT
CLASSIFICATION FROM UNPLANNED (U) TO SINOLf=
FAMILY 1RESIDENTIAL (RS -10) AND (RS -IM); MULTIPLE
FAMILY RES1DeNT1AL (RM -4) AND NEIGHl5ORHCO=
COMMERCIAL (CN -10) AT KALAOA 5TH, NORTH
KONA, HAWAII.
PRHPARGD BT pLANNIN6 DEPARTMENT
GOU NTT °F HAWAII
-7"M . 7-3- to : 7 -OM. eF 7.7
XH'BIT "A'
OCT- 79, 1990
EXHIBIT A