HomeMy WebLinkAboutBIL 131 Draft 02 1994-1996 OFFICE INFORMATION ONLY
Meeting: Council Meeting - February 21, 2008
Action: Filed- February 21, 2008
10/18/95 - Bill 131, Draft 2, passed 1st rdg; PC-82 was adopted.
11/01/95 - Bill 131, Draft 2, was referred back to the Planning Committee on
second reading.
02/05/08 - Planning Committee forwarded Bill 131, Draft 2, to Council with a
negative recommendation due to a vote of 7 noes (PC-68).
02/21/08 - Bill 131, Draft 2, was filed; PC-68 was adopted.
Re: Bill 131, Draft 2 (1994-1996)/Comm. 617 (1994-1996)/
PC-82 (1994-1996)/PC-68
COUNTY OF HAWAi~sU,~`~`TATE OF HAWAII
BILL NO. 131
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO
RESIDENTIAL AND AGRICULTURAL (RA-.5a) AT PANAEWA, WAIAKEA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-52:1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Panaewa, Waiakea, South Hilo, Hawaii, shall be
Residential and Agricultural (RA-.Sa):
Beginning at a 1-inch pipe at the northwest corner of this
lot, the northeast corner of Lot 57 of Panaewa House Lots and
on the south side of Government Road (50.00 feet wide), the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI", being 17,684.82 feet
south and 14,201.89 feet east, as shown on Government Survey
Registered Map H.T.S. Plat 922, thence running by azimuths
measured clockwise from true South:
1. 251° 00' 171.24 feet along the south side of
Government Road (50.00 feet
wide);
2. Thence along the south side of Government Road
(50.00 feet wide), on a curve
to the right having a radius
of 50.00 feet, the chord
azimuth and distance being:
296° 00' 70.71 feet;
3. 341° 00' 488.27 feet along the west side of
Government Road (50.00 feet
wide) to a 1-inch pipe;
4. 71° 00' 221.24 feet along Government Land to
a 1-inch pipe;
5. 161° 00' 538.27 feet along Lot 57 of Panaewa
House Lots to the point of
beginning and containing an
area of 2.72 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 applicants, successors or assigns shall be
responsible for complying with all of the stated
conditions of approval.
B. Final Subdivision Approval of the proposed
subdivision development shall be secured within
five (5) years from the effective date of this
change of zone ordinance.
C. Restrictive covenants in the deeds of all the
proposed lots shall prohibit the construction of an
ohana dwelling or a second dwelling unit on each
lot. A copy of the covenants with this requirement
shall be submitted to the Planning Department for
review and approval and a copy of the approved
covenants shall be recited in an instrument executed
by the applicants and the County prior to final
subdivision approval for any portion of the subject
property. The Planning Director shall promptly
deliver such document to the Bureau of Conveyances
for recordation. A copy of the recorded document
-2-
. .„.......wow..
shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
D. The applicant shall make its fair share contribution
to mitigate the potential regional impacts of the
project with respect to fire, police, solid waste
disposal facilities, and roads. The fair share
contribution shall be initially based on the
representations contained within the change of zone
application and shall be increased or reduced
proportionally if the lot counts are adiusted. The
total fair share contribution shall be due and
payable prior to final subdivision approval of the
subiect property. The fair share contribution for
each lot shall be based on a maximum density for
each lot as determined by the zonincr resulting from
this chancre of zone. 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 have a maximum
combined value of 511,244.93. The fair share
contribution shall be as follows:
1. 5505.20 to the County to support police
services and facilities:
2. 5997.83 to the County to support fire services
and facilities:
3. 5436.86 to the County to support solid waste
facilities; and
4. $9,305.04 to the State or County to support
road and traffic improvements.
-3-
The fair share contribution described above shall be
adiusted annually beginning three vears after the
effective date of this ordinance. based on the
percentage change in the Honolulu Consumer Price
Index {HCPI). In lieu of paying the fair share
contribution in cash, the applicant may construct
such facilities related to fire, police. solid waste
disposal facilities, and roads. For purposes of
administering Condition D, the cost of any
improvements required or made in lieu of the fair
share contribution shall be such amount as approved
by the Planning Director, upon consultation with the
appropriate agencies. Any improvements constructed
by the applicant to satisfy this condition shall be
located within the region impacted by the proposed
development.
[C]E. 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.
[D]F. 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 applicant, successors or
assigns, and that are not the result of their
fault or negligence;
-4-
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; and
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).
[E]G. Should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its
original or more appropriate designation.
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 MEMB R, COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: October 18, 1995
Date of 1st Reading: October 18, 1995
Date of 2nd Reading:
Effective Date:
-5-
A-I0.
O A-I0. A-b'
A-9. A-3.
O
h MAKALIKA STREET
A-5. w A 5~
o j ~ AGRICULTURAL (A-3a) TO ~
o RESIDENTIAL- H
AGRICULTURAL (RA-.Sa)
AREA: 2.72 ACRES
A-~' 17684.82 S
14201.89 E A-5a
o ..HALM" D
LAMA STREET
A-S.
< O
O A
w
~ A S. A 3.
O y
A-9a
0
A-~ x A-5~
'1/ STREET
A-pia
A-~,
o ;
0 o M~plu a
g
EPST
0
x
O o O A 5. A_,~ A A
t
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-t 14 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-3a) TO RESIDENTIAL-AGRICULTURAL (RA-.Sa) AT PANAEWA,WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-2-52:1 JULY 3, 1995
EXHIBIT "A" (oKAOA)
' ~ v
0 4ry a
a~Q Ps
0'a
p ~ d ~
!E ~ ~ ~ v~wv~vrr a.~noNO o~o-rso,~ aNV ~ ~ _ $
~ ~ n ~ vavwv~vrr ovau of cttri-c 1NVav 3 'w
~4 ~ c v' _ -
g 5312J~5 puZ - 510"1 ~S(IOH b'M~`v'N`dd
r
F i~L•Itt X00 _IL
~ ~ i ~ - _
^ I w 5 I
F I ~ ~ I
Qp~ Y ~ I J~ ~ -VQ''L ~ ~ j pV
in ~ $ I- ~ .}oQ ~i O
ggs I ~
~i n ~ i ~ lV
C I ~V
a I I
I sr~rt .ao.ist I Z j _
L--------~ 1 ^ II ~ ~i ~ n i '1\
1_ f; v Yl ~~~G///
tI' cp Q w'
u1 I O n u~ Q I g Y ql
N I Kitt .«~.ist I u1
'~n( ~ ~ i ~ ~ ~ ~QO~ 8
UI I ~ ~ ~ ~d4 r----W-_ ~ J ~ ~ +~i i1? ~ ~ Q ry
0 ~ Q ~N>
g ~ ~ ~ i ~ i $ F ° gry Q Z U1 N
~ ~ ~ ~ o IJ ° ~ f N ~°o.°a ~s
ry ngxb .an.iu ~ ~ ~ ~ ~ ~ Q J m a
" ~ s~aoi ~ ,aoLst ~ ~ x I W n
$ d .c. Z 1-
_ ~~~I ~ I og ~ Z `~u~4wx R
rritt N 0 I.iu ~ I ~ U O~ 0
I I N w
I I ,
~ ~ ® ~ NQ
~ I z I I-p3
Fad 8 00 ~ s~ ; ~ ; ~ ~ ~ Q
'~3 1 ~ 3 ~ I ~ I p Q Q
~ 6wn~+a ~ g~g I rl ~ m w ~ Q/ Q.
I ~ ~ I
I$ ~ ~ J
u ~ l
9~. ,R ~
i
~.a,y ' tM bL'ILI °~00 .1 t an~u•+.t [w~Hx3
J.33~1s ~W b, ~
~ dl
'anV a'MClaaol of ~ ^ 'C
~'~V Poo4lvy of
J
ft- '
/ F
~ ~ v ~s
< 0
tl >
i
oa a
„ ~ 4n ~ Y M1 0 A
~ ~ z Qp~ in f ~ ~~.'N ri i6{
~0
Q. o
u x
~ ~ ~
o
w_. _ ,
Bills 84 (Draft 3), 98, 131 (Draft 2), 135 (Draft 2), and 151
i hereby certify that the following Bills passed first
reading at the meeting of the County Council on October 18, 1995, by
vote as listed below:
BILL 84 (Draft 3): An Ordinance amending Section 25-87 (North Kona
Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County
Code, by changing the district classification of 6.409 acres of land
from Agricultural (A-3a) to Agricultural (A-la) at Kaloko, North
Kona, covered by TMK: 7-3-08:106 & 107.
(Wallace K. Tirrell and Henry K. Boshard, applicant)
AYES: Councilmembers Arakaki, Childs, De Lima, Domingo, Osorio,
Rath, Ray, Smith - 8. NOES: Chairwoman Bonk-Abramson - 1.
BILL 98: An Ordinance amending Section 25-86 (North and South Kona
Districts Kona Zone Map) Article 3, Chapter 25 (Zoning Code) of the
Hawaii County Code, by changing the district classification of
~ 18.650 acres of land from Agricultural (A-20a) to Agricultural
(A-Sa) at Kalaoa 1st, North Kona, covered by TMK: 7-3-02:23 and 27.
(Lucky "D" Inc., applicant)
AYES: Councilmembers Arakaki, Childs, De Lima, Domingo, Osorio,
Rath, Ray, Smith, and Chairwoman Bonk-Abramson - 9. NOES: None.
BILL 131 (Draft 2): An Ordinance amending Section 25-114 (City of
Hilo Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii
County Code, by changing the district classification of
approximately 2.72 acres of land from Agricultural (A-3a) to
Residential and Agricultural (RA-.5a) at Panaewa, Waiakea, South
Hilo, covered by TMK: 2-2-52:1.
(Roy K. and Jeannette M. Okada Revocable Living Trusts, applicant)
AYES: Councilmembers Arakaki, Childs, De Lima, Domingo, Osorio,
Rath, Ray, Smith - 8. NOES: Chairwoman Bonk-Abramson - 1.
BILL 135 (Draft 2): An Ordinance amending Chapter 20, Article 4,
Hawaii County Code, 1983, as amended, relating to Solid Waste
Disposal Fees - partial disposal fee credits for residential waste.
AYES: Councilmembers Arakaki, Childs, De Lima, Domingo, Osorio,
Rath, Ray, Smith, and Chairwoman Bonk-Abramson - 9. NOES: None.
i .
BILL 151: An Ordinance 95-75, as amended, relating to Public
Improvements and Financing Thereof for the Fiscal Year July 1, 1995
to June 30, 1996, by adding the following projects: FIRE DEPARTMENT
Waikoloa Fire Station ($1,100,000); PARKS & RECREATION Puna Parks
($210,000), Panaewa Zoo Primate Reroof ($80,000); POLICE DEPARTMENT
Police Air Duct Renovation ($500,000); PUBLIC WORKS Alii Highway
($5,000,000), Haaheo School Sidewalk ($300,000), Kamehameha Avenue
Sewer ($1,500,000), Sewer Facility Rehab ($85,000) and ,North Kona
Drainage Improvements ($100,000); funds for these projects shall be
provided from the following accounts: Fund Balance - the Capital
Projects Fund ($1,795,000), Unallotted Apprn - General Fund Transfer
($80,000) and General Obligation Honds and/or Other Sources
($7,000,000). AYES: Councilmembers Arakaki, Childs, De Lima,
Domingo, Osorio, Rath, Ray, Smith, and
Chairwoman Bonk-Abramson - 9. NOES: None.
Copies of these Bills are available in the Office of the
County Clerk for use and ezamination by the public.
Ordinance 95-123
I hereby certify that the following Ordinance passed second
and final readin at the meeting of the County Council on
9
October 18, 1995, by vote as listed below:
ORDINANCE 95-123 (Hill 152): An Ordinance to amend Ordinance
No. 95-81, as amended, the Operating Budget for the County of Hawaii
for the Fiscal Year ending June 30, 1996.
AYES: Councilmembers Arakaki, Childs, De Lima, Domingo, Osorio,
Rath, Ray, Smith, and Chairwoman Bonk-Abramson - 9. NOES: None.
Copies of this Ordinance are available in the Office of the
County Clerk for use and ezamination by the public.
Barbara Bell
COUNTY CLERK
(Hawaii Tribune Herald - October 26, 1995)
(West Hawaii Today - October 26, 1995)