HomeMy WebLinkAboutORD 2001-075 2000-2002 COLJNTX O~ I-~AW`I STATE O~ I~AWAI`I
BILL NO. 73
(Draft 4)
ORDINANCE 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.
B. 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. Tl1e 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.
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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-i
IPD when it finds that sufficient mitigation measures have been taken.
I. The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment. The fair share contribution,
in a form of cash, land, facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, shall be determined by the
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County Council. The fair share contribution shall have a maximum combined
value of $7,876.20 per single-family residential unit. Based upon the
applicant's representation of intent to develop up to four (4) residential units, the
indicated total of fair share contribution is $31,504.80 for single-family
residential units. However, the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and
payment provisions set forth in this Condition I. The fair share contribution
shall be allocated as follows:
1. $3,798.04 per single-family residential unit for an indicated total of
$15,192.16 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$732.88 to the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of
$1,447.52 to the County to support fire facilities;
4. $158.43 per single-family residential unit for an indicated total of
$633.72 to the County to support solid waste facilities; and
5. $3,374.63 per single-family residential unit for an indicated total of
$13,498.52 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the improvements required in Condition E shall be credited against
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the sum specified in Condition I (5) for road and traffic improvements. For
purposes of administering Condition I, the fair market value of land contributed
or the cost of any improvements required or made in lieu of the fair share
contribution shall be subject to review and approval of the director, upon
consultation with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its information
that identifies the specific approved fair share and/or in lieu contributions, as
allocated, and further implementation requirements.
J. Restrictive covenants in the deeds of all the proposed residential lots within the
subject property shall prohibit the construction of 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(s) shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances for any portion of the
subject property. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
K. The applicant shall comply with the Department of 1~Iealth regulations, for
property located in the Critical Wastewater Disposal Area, to dispose of
wastewater into a septic tank system.
L. 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
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Fees Ordinance.
M. 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 may be
granted prior to the actual construction of required infrastructural improvements
unless otherwise restricted herein.
N. Comply with all applicable rules, regulations and requirements of the affected
agencies for approval of the proposed development.
O. 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.
P. An initial 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 not have been
foreseen or are beyond the control of the applicants, its successors or
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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 f-or 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).
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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 15, 2001
Date of 1st Reading: August 15 , 2 0 01
Date of 2nd Reading: August 29 , 2001
Effective Date: September 5 , 2 0 01
APPROVED AS TO FORM AND LEGALITY
CORPORA ION UNSEL
DATED: o/
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TRUE NORTH A - ~a
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AMENDING SECTION 25-8--3Z (CITY OF HII~O ZONE MAP) ARTICLE 8, CHARTER ~5 (ZONING
CODE) 0~' THE HAWAII COUNTY CODE, 8Y CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-3a) TO RESIDENTIAL AND AGRICULTURAL (I~A~-.~a) AT '~AIAKEA, SOUT~4
H-ILO, NAb~AIi.
~REr~AR~® ~Y ~LANN~NG ®E~ARTt~~s~T
couNTY s~AV~rAii
TMK 2-4-30: 4 MAY 8, 2001
_
~y~~~,.r ee Ass (IMAMURA FAMILY ETAI)
00~! e& 1 a~s~ ~i
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
(DRAFT 4 )
ROLL CALL VOTE
Introduced By: Bobby-Jean Leithead-Todd AYES NOES ABS EX
Date Introduced: August 15, 2001 Arakaki X
First Reading: August 15, 2001 Chung X
Published: August 22, 2001 Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Safari k X
Tyler X
Yagong X
9 0 0 0
Second Reading: August 29, 2001 ROLL CALL VOTE
To Mayor: August 30, 2001 AYES NOES ABS EX
Returned: September 5d 2001 Arakaki X
Effective: SP~1tQ"mhPr S ~ 2n(11 Chung X
Published: ~e~te:~Pr 1 F,r 7(L(Ll Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
' Safarik X
Tyler X
Yagong X
7 1 1 0
I DO HERESY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO ~y'
FORM AND LEGALITY: ~
~CO CIL CHAIRMAN
x
DEPUTY C PO ION COUNSEL
COUNTY OF FIAWAII
COUNTY CLERK
Date 3~~~
73 (Draft 4)
Bill No.:
C-253.2/PC-30
Approve isapproved this .J ~ dam, Reference:
or 5 ~e.v~1a~° ~p o t Ord No.:
} f ~`-'~-ol~
a
MAYOR,`~,C LINTY ~F HA WAII