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Home My WebLink AboutORD 1995-097 1994-1996COUNTY OF HAWAII _ STATE OF HAWAII BILL N0.9 (Draft 3) ORDINANCE NO. 95 97 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) TO AGRICULTURAL (A-la) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-76:34. 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 property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Agricultural (A-la): Beginning at the northeast corner of this parcel of land, being also the northwest corner of Lot 3 and along Roadway Lot A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 15,181.13 feet South and 4,249.35 feet West, thence running by azimuths measured clockwise from true South: 1. 355° 40' 943.31 feet along the remainder of Grant 9460 to Henrietta D. Holt (Lots 3, 2 and 1); 2. 85° 40' 46.39 feet along Government Land; 3. 355° 40' 204.38 feet along Government Land; 4. 85° 40' 885.50 feet along Haihai Street; 5. 175° 40' 1,147.69 feet along Government Land; 6. 265° 40' 931.89 feet along the remainder of Grant 9460 to Henrietta D. Holt (Road way Lot A) to the point of -1- beginning and containing an area of 24.335 Acres. 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. 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. A 5-foot wide future road-widening strip of land along the subject property's entire southern boundary shall be dedicated to the County in conjunction with final subdivision approval, to allow for the expansion of the proposed Haihai Street extension into a 60-foot wide right-of-way. C. There shall be restrictive covenants in the deeds of all the subdivided lots which: 1. Require that all uses established on the lots be in conformance with the requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code); and 2. Prohibit the construction of an ohana dwelling or a second dwelling unit on each lot. -2- A copy of the covenants with the above requirements 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 shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. D. Drainage improvements, which shall be designed to accommodate a 50-year frequency storm, shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subdivision development. E. Interior subdivision roadway(s) shall be constructed to County-dedicable standards with appropriate street lighting and striping provided in a manner meeting with the approval of the Department of Public Works. F. 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 adjusted. The total fair share contribution or its proportionate amount based upon incremental subdivision shall be due -3- and payable prior to final subdivision approval of each increment of the subject property. 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 with the affected agencies shall have a maximum combined value of $63,721.27. The fair share contribution shall be as follows: 1. $2,862.80 to the County to support police services and facilities; 2. $5,654.37 to the County to support fire services and facilities; 3. $2,475.54 to the County to support solid waste facilities; and 4. $52,728.56 to the State or County to support road and traffic improvements. 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 in cash, the applicant may construct such facilities related to fire, police, solid waste disposal facilities, and roads. The cost of the strip of land to be dedicated for the future road-widening of Haihai Street, as required in Condition B, shall be credited -4- against the sum specified in Condition F(4) for road and traffic improvements. For purposes of administering Condition F, 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. G. 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. H. 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. 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 applicant, successors or -5- 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; 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). J. 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. -6- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: .YO'r'icvr~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 17, 1995 Date of 1st Reading: July 17, 1995 Date of 2nd Reading: August 16, 1995 Effective Date: August 23, 1995 .--5 __ }~ - .,-s /1. .. .... ~ <.~.) CG::?.i;' J~ n,~~;~~il o~.---s~!~!11s_ --- -7- ~ A Iw A 1° A-3° A 3w Rt! 10 ~ 5T IJ . ~~KAWAILAN A-1q N~hTM A-loo A- le SCALL ' 1 ' 400' A-low t ~ o A 7,L ,,~ i F. ~~ W A-low ~ A-low ~. ~ N 1$.101.1.9 a bs° 40' A-1° A-I 4~7.49.as w "MAC AI" ® 46-39 ~ _3 °SS° 40' w - 204.98 'IO e A R7 IS A-low ~ N Q n r,; _ ~ AQRICUI.TURAL (A-IOq) TO ~ I /A6RiCUL.TtJRAL (A-tq)/ ARQA ~ ~4.3~g ACRG•°s RB Is 0 ~/~/~~//~~~/~~~~~/~~~~~~~~~ w R5 A-loo 173° 4e' ~ 1,1 low A-low AMENDMENT TO TH A-low A-iow AMENt71NG SECTION ss-lt4 (CITY' or s-rft_.o zoNE MA1°) ARTICt-E 3, CHAI°TEIQ Z~ (ZONINt3 CODE) Ota THE tiAWAtt couNTY Cope 13Y CHANd1N3 THE b15TtQICT CI..A3°fIFICATION l=1QOM AC3RICULTURAL (A-l04) TO AG1QlCtlLTUI?AL (A-Iq) AT WAtAKEA, gouT1-- Htt_O, HAWAII. I°REpARCC ~y pLANN1N6 O6pARTM6NT COUNTY of HAWAII TMK = ~-4"'76 = 34 NOV- 2, t9°~4 EXHIBIT "/'~„ (AF K SLJBb)Y ISION pARTIV C-RS~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii (DRAFT 21 Introduced By: TakaGh; ikm;nnn Date Introduced: July 17, 1995 First Reading: July 17, 1995 Published: N/A REMARKS: ROLL CALL VOTE AYES NOES ABS EX Arakaki X Bonk-Abramson X Childs X De Lima 7{ Domino }~ Osorio }{ Rath X Ray X Smith X 8 1 0 0 /nRAFT "21 Second Reading: August 16, 1995 To Mayor: August 17, 1995 Returned: August 23. 1995 Effective: August 23, 1995 Published August 31, 1995 REMARKS: Deferred on Council level - 08/02/95 I DO HEREBY CERTIFY that t{te f°reQ indicated abov ppPROVED as FORM anJ, LF~C}I Approved/ ~% d this ~ day of ~~- dam- .19 C'~. COUNCIL CHAIRMAht/"yB~ !COUNTY C~ ~ ~G~%c~ MA ~ ~,COUNTYOF All Bi11No.: 92 (Draft 3) CO~f~I~'(~~l COUNSEL COUNTY OF HAWAII pp1E Tllr ~ 1 1995 ROLL CALL VOTE AYES NOES ABS EX ~~+ X Bonk-Abramson X Childs }{ De Lima X Domingo X Osorio X Rath X Ray X Smith X 8 1 0 0 adopted by the County Council and published as Referrnce: C-399/PC-55 Ord. No.: