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Home My WebLink AboutBIL 007 Draft 02 1998-2000 ~w ~yQ~w`].._....t'~ COUNTY OF HAWAII1r~~~ ~ STATE OF HAWAII ? /e~~~~ i ~V 'a::~~'>''~ BILL NO. 7 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-la) AT WAINAKU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-13:1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-34, 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 azea situated at Wainaku, South Hilo, Hawaii, shall be Family Agricultural (FA-la): Beginning at a point at a 2" pipe (found) at the north comer of this parcel of land and on the southeast end of a 20-Foot Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 9,464.52 feet North and 3,991.42 feet West and running by azimuths measured clockwise from true South: I. 294° 00' 528.00 feet along Grant 901 to Kapaa; 2. 297° 18' 412.00 feet along Grant 901 to Kapaa; 3. 29° 31' 400.00 feet along Lot 4-A-2; 4. 0° 40' 95.00 feet along Lot 4-A-2 to a point in the middle of Pohakunanaka Stream; thence following the middle of Pohakunanaka Stream along R.P. 4475, L.C. Aw. 7713 Apana 17 to V. Kamamalu in all its windings for the next three (3) courses, the direct azimuths and distances being: 5. 138° 14' 23" 393.73 feet; 6. 107° 22' 18" 376.99 feet; 7. 150° OS' S4" 297.57 feet; 8. 213° 20' 218.53 feet along Grant 902 to Asa Clazk to the point of beginning and containing an azea of 10.000 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The effective date of the zoning shall be when the required water commitment payment is submitted to the Department of Water Supply in accordance with its Water Commitment Guidelines Policy. C. The applicant shall not apply for a water variance. D. The applicant, its 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 Agricultural District. E. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of compliance with Condition B. F. In conjunction with Final Subdivision Approval, the applicant shall submit a flood study prepared by a licensed professional engineer. -2- G. Prior to Final Subdivision Approval, roadway improvements to [Laukaha] ) Street shall be constructed consisting of, but not limited to, pavement reconstruction and widening, and drainage improvements, all within a minimum 50-foot right-of-way. The applicant shall provide roadway improvements from Kaiwiki Road, along Luakaha (Wailua) Street, up to and along the entire subject property, meeting with the approval of the Department of Public Works. Should Aikane Loop Road be used as an access to the subdivision, improvements shall include, but not be limited to, a pavement width of 8 feet and drainage improvements, all within a 20-foot right-of--way. H. Install street lights, signs and markings meeting with the approval of the Department of Public Works. I. All new wastewater systems for each proposed lot within the subject property shall comply with the State Department of Health. J. Should any remains of historic sites, such as rock walls, terraces, platforms, or human burials be encountered, work in the immediate area shall cease and the State 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. The applyrant shall make its fair share contribution to mitiQat~potential reei~l imna tc of h c ~biect pLt;ject with respect to roads. parks and recreation. fire. pnlicP and solid waste dicnocal facilities The amount of the fair share contribution shall be the cum which is [be product of multip1yinQ the number of residential lots nronosed to be subdivided by t_he amounts allocated hereinbelow for each such lot and shall become due and payable prior to final subdivision -3- approval for anv portion of Lhe subject prop~y or its increment. if Lhe subject pro ~ is subdivided in two or more increment. Lhe amount of the fair share contribution due and payable prior [o final subdivision approval of each increment shall be a cum calculated in he s me manner according to Lhe number n~nroposed residential lots in each suh increment. The fair _chare contribution. in a form of cash. land. facilities or anv combi2tion Lhereof_ accepLble to the director in cotuultation with Lhe affected agencies. shall be determined by the o inj~('nnnril The fair chare contribution shall have a maximum combined value of 57.239.16 per sing -f milt' resid n i 1 mi . Based ~ on h applicant's representation of intent to developslp to seven (7) residential units. the indicated to al of fair share contribution is 550 674 12 for single-family residential units However the total amount shall be increased or reduced in proportion wi h Lhe actual number of unite according to Lhe calculation and payment provisions set forth in Lhic Condition K. The fair share contribution shall be allocated as follows: L $3 490 85 ptr tingle-fami y_residential unit for an indicated total of X24 435.95 to Lhe County to su;ppoit nark and recreational improvements and facilities: R168 40 pgr sinQl~f milylesidential unit for an indicated total of 51 178 80 to Lhe Coun~O Cupport police facilities: ~ 61 per single family residential unit for an indicated total of R2 328 27 to Lhe County t? O $ltpport fire facilities: ~ . 14 6 epic singl -fa ~ v residential unit for an indicated total of 51 019 34 to the Coun(,y10 Support solid wac_te facilities: and S3 101 68 per sing -fami y residential unit for an indicated total of 521 711 76 to the State or County t0 support road and traffic improvements. The fair chare contributio s described above shall be adjusted annually -4- 4g ig nning 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 payjng the fair share contribution. the applicant may construct and contribute imnrovements/facilities related to parks and recreation. fire. police. solid waste digposal facilities. and roads within the region impacted by Lhe proposed development. subject to Lhe approval of the director. The cost of providing and constructing the imnrovements required in Conditions G and H shall be credited against the sum spgcified in Condition K for road and traffic improvements. For py~poses of administering Conditions G and H. Lhe fair market value of land contributed or [he cost of any imnrovements required or made in lieu of the fair share contribution shall be subject to review and approval of Lhe director. upon consultation with the appropriate agencies. iToon approval of Lhe fair share contributions or in lieu contributiotL by the director. the director shall submit a final retwrt to Lhe Council for iL information [hat identifies Lhe sp ifi proved fair share and/or in lieu rontributionc ac allocated and fi~rther implementation requirements [K]j,. 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. -5- [L]]vl. Comply with all other applicable laws, rules and regulations and requirements of the Department of Water Supply and other affected agencies for the development of the subject property. [M]L`I• 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 assigns, and that are not the result of their fault or negligence. 2. Granting 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 reason for the granting of the change of zone. 4. The time extension granted shall be for a period of 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). [N]Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -6- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C,~t~~~y~L~' ldl~~ 1:/ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: NEFE6td?GF.~ Gomm. 23.01 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -7- RS-7. NpR~N A - ZOa jR~; ~ WP A - 10 R5-7. A-10a 9,464.52 N RS 7 3,991.42 W RS - 7. "HALM" ~ hr ~ i A-'fa i 7. i A - 20s i ~ PM?•pUA ST. - 7. A-'Ja i A-10a ~ i 5T. ~ur~'" R - 1 A -3a ( A - 20s ~ A-10 i r ( r ~ i A - 10s AGRICULTURAL (A-20a) TO FAMILY &.~s ~ AGRICULTURAL (FA-1a) _Y A-3a 3 AREA: 10.000 ACRES ,g A - ZOa A - 20a c A - ZOa .i AMENDMENT TO THE ZONING CODE AMENDING SECTION ZS-8-34 (PAPAIKOU - ONOMEA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (A-ta) AT WAINAKU, SOUTH HILO, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-6-73: t NOVEMBER 14, 1998 EXHIBIT "A•. (P. KiERe~EWiC2)