HomeMy WebLinkAboutORD 1995-055 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO.~ a~ZT
ORDINANCE NO. 95 55
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-l0a)
AND (A-3a) TO AGRICULTURAL (A-la) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-48:PORTION OF 13.
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 Waiakea, South Hilo, Hawaii, shall be Agricultural
(A-la):
PARCEL 1:
Beginning at the southwest corner of this parcel of land,
being also the southeast corner of Grant 13,033 to Takeo and
Sadame Matsuyama Watanabe and on the northerly side of
Makalika Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI",
being 16,043.62 feet South and 15,354.40 feet East, thence
running by azimuths measured clockwise from true South:
1. 161° 00' 1,122.00 feet along Grant 13,033 to
Takeo and Sadame Matsuyama
Watanabe and along
Grant 13,032 to Yoshio and
Itsuko Okamoto;
2. 251° 00' 415.00 feet along Grant 13,029 to
Shigeru and Chieko Yoshimura
Matsuyama;
3. 341° 00' 439.50 feet along the remainder of
Grant 13,030 to Tsugio and
Asako Miyamoto (Lots 2-E and
2-C) ;
4. 71° 00' 395.00 feet along the remainder of
Grant 13,030 to Tsugio and
Asako Miyamoto (Lots 2-B and
2-A);
5. 341° 00' 662.50 feet along the remainder of
Grant 13,030 to Tsugio and
Asako Miyamoto (Lot 2-A);
6. Thence along same on a curve to the left with a radius
of 20.00 feet, the chord
azimuth and distance being:
296° 00' 28.28 feet;
7. 71° 00' 40.00 feet along Makalika Street to
the point of beginning and
containing an area of 4.502
Acres. (Refer to Parcel 1 as
shown on Exhibit "A").
The district classification of the following area
situated at Waiakea, South Hilo, Hawaii, shall be Agricultural
(A-la):
PARCEL 2:
Beginning at the southwest corner of this parcel and on the
northerly side of Makalika Street, the direct azimuth and
distance from the southwest corner of Lot A being: 251° 00'
814.60 feet, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI",
being 16,218.84 feet South and 14,845.52 feet East, thence
running by azimuths measured clockwise from true South:
1. 161° 00' 644.00 feet along the remainder of
Grant 13,033 to Takeo and
Sadame Watanabe (remainder of
Lot A);
2. 251° 00'
3. 161° 00'
4. 71° 00'
200.00 feet along Grant 13,032 to
Yoshio and Itsuko Okamoto (Lot
4-A);
644.00 feet along the remainder of
Grant 13,032 to Yoshio and
Itsuko Okamoto (Lot 4-A);
1,014.60 feet along Grant 13,032 to
Yoshio and Itsuko Okamoto (Lot
-2-
4-A);
5. 161° 00' 70.00 feet along Awa Street;
6. Thence along the remainder of Grant 13,031 to Noboru
Nakayama and Hatsuyo Nakahara
Nakayama on a curve to the
left with a radius of 20.00
feet, the chord azimuth and
distance being:
296° 00' 28.28 feet;
7. 251° 00' 732.78 feet along the remainder of
Grant 13,031 to Noboru
Nakayama and Hatsuyo Nakahara
Nakayama;
8. 161° 00' 444.00 feet along the same;
9. 251° 00' 1,664.42 feet along Waiakea-Uka Flood
Control (Job No. P-1978A);
10. 341° 00' 4.97 feet along Government Land;
11. 251° 00' 50.00 feet along Government Land;
12. Thence along Railroad Avenue on a curve to the right
with a radius of
2,815.00 feet, the chord
azimuth and distance being:
343° 20' 47" 162.45 feet;
13. 345° 00' 183.00 feet along Railroad Avenue;
14. Thence along Railroad Avenue on a curve to the left
with a radius of
5,780.00 feet, the chord
azimuth and distance being:
343° 27' 40" 310.45 feet;
15. 71° 00' 1,081.65 feet along the remainder of
Grant 13,030 to Tsugio and
Asako Miyamoto (Lot 2-E-4 and
remainder of Lot A);
16. 341° 00' 1,122.00 feet along the remainder of
Grant 13,030 to Tsugio and
Asako Miyamoto (Remainder of
-3-
Lot A);
17. 71° 00' 538.20 feet along Makalika Street to
the point of beginning and
containing an area of 37.247
Acres. (Refer to Parcel 2 as
shown on Exhibit "A").
All as shown on the map attached hereto, marked Exhibit
"A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following:
A. The applicant, successors or assigns shall be
responsible for complying with all of the stated
conditions of approval.
B. Plans for the proposed subdivision shall be
submitted to the Planning Department and Final
Subdivision Approval secured within five (5) years
from the effective date of this ordinance. As
represented by the applicant, the proposed
subdivision shall not exceed a maximum limit of
22 lots. Upon the issuance of Final Subdivision
Approval for the lots, the Planning Director shall
initiate a change of zone of lands encumbered by
the 9-hole pitch and putt golf course into an
Open-zoned District classification.
C. As agreed to by the applicant, 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 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
-4-
Approval. A copy of the approved covenant shall be
recited in an instrument executed by the applicant
and the County, recorded with the Bureau of
Conveyances, and a copy of the recorded covenant
filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
D. Should any unidentified sites or remains such as
artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, pavings or walls
be encountered, work in the immediate area shall
cease and the Planning Director shall be
immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the
Planning Director when it finds that sufficient
mitigative measures have been taken.
E. The Applicant shall pay its fair share contribution
to address potential regional impacts of the
project with respect to park, fire, police, solid
waste disposal facilities, sewer and roads. 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 agricultural-zoned area within the
project site. 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 acceptable to the director, in consultation
-5-
with the affected agencies shall have a maximum
combined value of $ 151,298.62. The fair share
contribution described above shall 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, the
applicant may construct such facilities related to
park, fire, police, solid waste disposal
facilities, sewers and roads with the approval of
the appropriate agency(ies).
F. 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.
G. 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
-6-
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 (i.e., a condition to
be performed within one year may be extended
for up to one additional year).
5. Should the applicant require an additional
extension of time, the Planning Director shall
submit the applicant's request to the County
Council for appropriate action.
H. Should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall 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.
-7-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
/ ~~ ---
COUNCIL MEMBER, COUNTY OF -I~AWAII
Hilo, Hawaii
Date of Introduction: April 5, 1995
Date of lst Reading: April 5, 1995
Date of 2nd Reading: April 19, 1995
Effective Date: April 26, 1995
APPROVED AS TO FORM AND LEGALITY:
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AMENDINf3 SECTI oN ~5-114 (CITY of HILO ZONe
MAP) ARTICLE 3, CHAI°TEIF ~S (ZONING CODS) OF
THE HAWAII COUNTY CODE, ®Y CHANGINt3 THE
DISTRICT C!_A55)FICATION FROM AGRICUL~°t1?QAt_
(A-lOa) AND (A-3a) TO AGRICU~-TURRL (A-tet) AT
WA1AhCEf'~, SOUTH HiLO, HAWAII.
PR~'PAREC BY = PLAIVtVtPt6 l7EPARTTIENT
Coun~TY of hiAYVAII
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EXHIBIT ,IA" CTeYAN1A GARDENS HAWAIII 1NG.~
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo .Hawaii
(DRAF~':'2l
Introduced By: Keola Childs
Date Introduced: April 5, 1995
First Reading: April 5, 1995
Published: N/A
REMARKS:
Second Reading: April 19, 1995
To Mayor: April 20, 1995
Returned: April 26, 1995
Effective: April 26, 1995
Published May 3, 1995
REMARKS:
I DO HEREBY CERTIFY that the foregi
indicatedabove.~ APP.ROVE[1 as
CORPORATION COUNSI
COUNTY OF HAWAII
pats APR 2 5 1995
of
OTiX~R, COUNT ~ F HAWAII
ROLL CALL VOTE
AYFS NOFS ABS EX
~~ X
Bonk-Abramson ){
Childs X
Deiim~ X
Domingo ){
Osorio X
Rath X
Ray X
Smith X
8 1 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima }[
Domingo X
Osorio X
Rath X
Ray X
Smith X
8 1 0 0
adopted 6y the County Council and published as
~~
EAINo.: 51 (Draft 2)
Reference: C-232/PC-37
Ord No.: