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Home My WebLink AboutBIL 073 Draft 02 2000-2002 COUNTS OF ~AWI`~ _ STATF OF I~AWAI`I BILL NO. ~ 3 (Draft 2) O~INANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO RESIDENTIAL AND AGRICULTURAL (RA-.Sa) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-30:004. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, 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 Waiakea, South Hilo, Hawaii, shall be Residential and Agricultural (RA-.Sa): Beginning at the Southwest corner of this parcel of land, being also the Northwest corner of Lot A-2 and on the easterly side of Ainalako Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 18,860.02 feet South and 884.74 feet East, thence running by azimuths measured clockwise from true South: 1. 180° 04' 165.02 feet along the easterly side of Ainalako Road; 2. 265° 40' 657.53 feet along a portion of Grant 8653 to Charles H. Will, being also along a portion of Sportsman's Paradise Lots; 3. 355° 40' 196.83 feet along the remainder of Grant 11610 to Edward Shigeo and Tsuneko N. Imamura, being also along the remainder of Lot 1100, Waiakea Homesteads, 2°d Series (Lot A-2); 4. 85° 40' 640.28 feet along same; 5. Thence along the same on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being 132° 52' 44.02 feet to the point of beginning and containing an area of 3.000 Acres. 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 applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 13. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. D. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of the ordinance. Plans shall include a future road widening setback of five (5) feet along the frontage of Ainalako Road. E. Access(es) and intersection roadway improvements to the subject property from Ainalako Street shall meet with the requirements and approval of the Department of Public Works. -2- F. All roadways within the proposed subdivision shall be constructed meeting with the requirements of Chapter 23, Subdivision Code. G. A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. I. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. 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 lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or its increments. The fair share contribution for each 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 be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of -3- paying the fair share contribution, the applicants may construct and contribute improvements/facilities related to roads, park, fire, police and solid waste disposal facilities within the region impacted by the proposed development with the approval of the appropriate agency(ies). J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. In lieu of actual construction of infrastructural improvements as conditioned above, the applicants may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, 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, if applicable, Final Subdivision Approval for the subject property or portions thereof maybe granted prior to the actual construction of required infrastructural improvements unless otherwise restricted herein. L. Comply with all applicable rules, regulations and requirements of the affected agencies for approval of the proposed development. -4- M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance. 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. N. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its 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 maybe extended for up to one additional year). 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: f CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: R~F~R~~ 253.1 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- TRUE NORTH A - ~a Scale: 1' _ A - 3a A - 3a I A - ~a 10 A - 3a ~y AGRICULTURAL (A-3a) ~9iti4 TO RESIDENTIAL AN® °Cq 0 AGRICULTURAL (RA-~.5®) A - 3a Ry , ~ A -la A -/s AREA: 3.®®0 ACRES A _ Q~ A-3a 18,860.02 S ~~F 884.74 E "HALM" A -la A -3s A -la A - 5a AINALgKO ROAD r A - la °.~p A-3a A -3s A -/a A - 3a W H H VI N A-3s - 3a A - /a A -ls 0 a A - 5a ~ g I I A - la OPPN ~ A - 3s I A -3s A - /s KOMOHANA STREET Extenalon ~t'S-l5 ~t'S -/5 A-3s A-Ja ~ ~ ~ I AMENDING SECTION 25-5-33 (CITY OF HILO ZONE MAP) ARTICLE S, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, SY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO RESIDENTIAL AND AGRICULTURAL (RA-.5®) AT WAIAKEA, SOUTH HILO, HAWABi. PREPARED ~Y PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-4-30: 4 MAY 8, 2001 ~XHI®I-r e~A~~ (IMAMURA FAMILY ETAL i ® ~l