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Home My WebLink AboutBIL 080 Draft 01 1996-1998 ..{/ . . ..( I,Q;I 4VVi.-y '7 ~_ ________~_ _ _n _____ _ ________ - - .- ~- -----~-- ----- -- --- COUNTY OF HAWAII STATE OF HAWAII BILL NO. 80 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-lOa) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT W AIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-65:04. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, 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 Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS-15): Beginning at a pipe at the northwest corner of this parcel of land, the southeast corner of Lot 1 of Kahalani Estate Subdivision File Plan 1470, and on the west side of Kupulau Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 14416.31 feet south and 3317.91 feet west and running by azimuths measured clockwise from true South: 1. 3550 40' 259.57 feet along Kupulau Street; 2. Thence along Lot 5 (roadway portion) along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 400 40' 42.43 feet to a pipe; 3. 850 40' 150.00 feet along Lot 5 (roadway portion) to a pipe; 4. Thence along Lot 5 (roadway portion) along a curve to the left having a radius of 400.00 feet, the chord azimuth and distance being: 650 27' 30" 276.35 feet to a pipe; . . 5. 450 15' 268.00 feet along Lot 5 (roadway portion) to a pipe; 6. Thence along Lot 5 (roadway portion) along a curve to the right having a radius of 350.00 feet, the chord azimuth and distance being: 650 27' 30" 241.80 feet to a pipe; 7. 850 40' 116.31 feet along Lot 5 (roadway portion) to a pipe; 8. 1750 40' 642.31 feet along Lot 5 to a pipe; 9. 2650 40' 986.61 feet along Lots 7, 6,5,4,3,2 and 1 of Kahalani Estate Subdivision, File Plan 1470 to the point of beginning and containing an area of 10.230 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 applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The effective date of the rezoning shall be when adequate water is available for any portion of the proposed subdivision development within the subject property as determined by the Department of Water Supply. 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 development shall be secured within five (5) years from the effective date of the rezoning. The subdivision plans shall delineate a no vehicular access planting screen easement -2- . . along the proposed eastern boundaries of the proposed lots bordering the 40-foot future road widening setback line and the 30-foot radius line along Kupulau Road. E. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. F. A Solid Waste Management Plan shall conform to the rules and regulations of the Department of Public Works. G. All electrical and communication utilities and systems within the road rights-of-way shall be placed underground. H. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, 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 within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. 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, provided that the fair share contribution -3- . . to address the potential road impacts shall only be in the form of cash and shall be applied to improving the KomohanalKawailani street intersection or Kupulau Road improvements. The fair share contribution may be 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 paying the fair share contribution for other facility impacts, the applicants may construct such facilities related to fire, police and solid waste disposal facilities with the approval of the appropriate agency(ies). I. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the Office of Housing and Community Development that the applicant's affordable housing requirements, if any, have been mutually agreed to prior to Final Subdivision approval for any portion of the subject property. J. 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 mitigative measures have been taken. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions -4- . . included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L. 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. 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 (Le., a condition to be performed within one year may be extended for up to one additional year). M. 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. -5- . . SECTION 4. This ordinance shall take effect upon its approval. ~ Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORA nON COUNSEL DATED: r!EFEREN~ Cornar. 280 -6- , '. . I' ~"O. , , .,..... ,-- -- - -- .............. --- ......---- A-IO. ~ \ ~ A-IO. ,.u' A-" \ ----=Fff.!l!!Ce FUt\JRE 80'\ R/W UNE \ I A I~.~ ---- l' ~ " A-I. ~ ' ..( p . " ~~ ,- \ , , A-I. , 1 ---l lA-I. ..ao. /, I 1'1 1/ lA-I. I / 1/ 1/ 1/ II 1/ 1/ 1/ / / / / 1/ / / / ( ( , , , , \~ I~ I \ " \ I I - -- :r: b 0 ~ CO a::: II 0 :z: ~ w .. :::::> Q) c a::: u ~ (I) A-IO. A I. II f- A-I. IS-IO '-1 , \ \ J'r= ={ --- -';,J. ^:.~ -~ Ir~ r!""1 - ... AGRICUL TU AL (A-100) o SINGLE F A~IL~ RESIDENTIAL (RS -15) AREA: APPRC X. 10.23 AC. I , \ A I. 1--- -'- ~- . h. , \ ~- , I S-I. A~I. / U ~~ l' 1Sr.~ \l \/V_ =' ~rt ~ lr lru 10 V)S -r " ~:N416.31 s I \ -:~ j~U"tuJL. _~. f:if- F- A- . "~A~::1 w ~ --rJ_~- l\_~ ,~A\I, :' 'v-./I~/ ~~~ /~~~ ~ I. ~~~ ---Irt -- ~---i \:1 I ~:I~ /~~ V~/. ~ "I;~O _ ---1~ ~ ~ ~~ -=\'W I r- -,--': // /. /. I ~~ A I. A I. - IS If .. IS I' z_ .// '@ ~ , ~. \- -Ill - - %////fA: /'" A I. " 8 A~I. _. r r ~/~ //,r J\.I. A I. I / I - __ A-IO. I I ' _ / I 1 - /~/ C! \ ':: = 11/ 2\ ---: -I. A I. A-I. r-- A-IO. /tI}/ ~,- -- / / ~\ -- ,.... I ...... - ,- // ;' ~, - .......-. / I l- I .........~~/ t:\ - I- Y O~:.--- ~ - m i~'- A-IO. ~ -, A I~_ A I. L \ l Atl~ A I H A 1ST R e e T I It-I. ~.,..I I I \ I A-'. ....:: i A-' I r-- ....- ...L I 1 , --d It 'T' A-I. r , I I , A-..,I A-IO. A-IO. A A-I. II A-IO. A-I. A-20. A-I. r-- \It.,. - A-' A-IO. A-IO. !r- ....,. A-',," AMENDMENT TO THE A-'. f A 1 I '~A -. I r I I , 'l'tlCl! I .-- -,. ZONING CODE I 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-lOa) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY Of HAWAII TMK : 2-4-65:4 EXHIBIT "A" MARCH 18. 1997 (HAI<Al.AU FARMS) (REZ)