HomeMy WebLinkAboutORD 1988-098 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 565
ORDINANCE NO. 88 98
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITION D OF ORDINANCE NO. 21
WHICH REZONED CERTAIN LANDS AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-4-64:40 (PARK SITE).
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 by amending Section
2, Condition (D), of Ordinance No. 21 to read as follows:
"SECTION 2. Section 1 of this ordinance shall take effect
forthwith upon the conditions that (A) the area be zoned in two
(2) increments. The first increment shall consist of 65 lots
and the second increment the remaining lots. The effective
date of zoning for the second increment shall be after
development has occurred on the first increment. Development
is defined as building permits issued for residential dwelling
units and construction partially completed - partially
completed in the sense of having roofs on 26 units within the
first increment to assure that a minimum of 40 per cent of the
lots are developed with dwellings. The existing dwellings on
the subject area shall be included as part of the requirement
of providing the 26 units within the first increment; (B) the
applicant, Kenneth Fujiyama, submit and secure tentative
approval of increment No. 1 of the proposed subdivision within
one (1) year from the date of approval of the change of zone
and also assume the responsibility for securing final
subdivision approval for the first increment; (C) a minimum of
60-foot wide drainage easement be delineated and set aside for
future drainage improvements through the length of the subject
area along the existing river, and (D) [a minimum of 1.2-acre
area be set aside within the subject area for park and
recreational purposes. Said park shall be kept in private
ownership and maintenance and the type of park improvements
shall include a minimum of lot grading and grass planting
meeting the approval of the Parks and Recreation Director.
There shall also 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 Parks and Recreation
Director to enforce the covenants to maintain the
private park and authorize the performance of
maintenance work by the County in the event of failure
by the subdivider, purchaser, occupants or association
in the subdivision, to perform such work and permit
the subjecting of the land and properties in the
-2-
subdivision to a lien until the cost of work performed
by the County has been reimbursed.] The applicant
shall comply with the attached agreement made with the
Lehua Heights Community Association and identified as
Exhibit B. Further, a co y of the executed agreement
shall be filed with the Planning Department within one
year from the effective date of this amendment."
SECTION 2. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, neither
the brackets nor the underscoring need be included.
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:
~/~'l~ ~~
CO NCIL MEM ER, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: June 1, 1988
Date of 1st Reading: June 1, 1988
Date of 2nd Reading: June 15, 1988
Effective Date: June 30, 1988
-3-
175 Y.a~•ailani Street
Pilo, Hawaii 9671~~
January 7, 1488
PROPOSAL
1. Original park requirement: 52,979 s.f.
2. Recommendation: Reallocate property as follows:
Lehua Heights Communi[_v Assn: 31,536 s.f.+
Kavailan,i Hui '74: 21,443 s.f.+
TOTAL 52,979 s.f.
3. Developers shall: (Subject [o approval)
a) clear property
b) concrete or asphalt access driveva}• (approx. 125 f[.+)
c) contribute $10,000.00 toward purchase of topsoil,
seeds, shrubs and fencing (completely around
property with security gate.) Balance, if any, to go
toward future park expenses/improvements.
d) subject [o Association developing suitable guidelines
and policies for park usage and maintenance,
developers will deed parcel to Association.
4. Association/Park Proponents Shall: (Subject to approval)
a) Develop suitable guidelines/policies for park usage
and specifically address the following:
1. Safety of park users and surrounding residents.
2. Adequate security measures to prevent undesire-
able or unauthorized person from usage.
3. Noise abatement and control for surrounding
neighbors
4. Funding program to adequately maintain property
and ocher expenses. That funding be on a
voluntary basis only.
5. ]n the event property is liquidated net
proceeds to belon¢ to Association and proceeds
to be used on behalf and in [he best interest
of Lehua Heights Community Association and the
property owners of Lehua peigh[s.
b) Sub iee[ to prelinanary unders[andinS/aCreemen[ with
developers, support developers request to delete
Condition D, Zone Ordinance ~o. 21.
EXHIBIT B