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Home My WebLink AboutBIL 139 Draft 02 1998-2000 ~~~ex :x: u%~; . r,.Y..`. COUNTY OF HAW TATE OF HAWAII ,4O•b eY.J •~a ~t&'"ry~"" BILL NO. 139 (r ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO 'LONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO FAMILY AGRICULTURAL (FA-1 a) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-48:14 AND 91. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafrer as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Family Agricultural (FA-1 a): Beginning at the southeast corner of this parcel of land, being also the southwest corner of Lot 2-C and on the northerly side of Makalika Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 15,908.51 feet South and 15,746.79 feet East, thence running by azimuths measured clockwise from true South: 1. 71° 00' 375.00 feet along Makalika Street; 2. Thence along the remainder of Grant 13,030 to Tsugio and Asako Miyamoto (Lot A) on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 116° 00' 28.28 feet; 3. 161 ° 00' 662.50 feet along the remainder of Grant 13,030 to Tsugio and Asako Miyamoto (Lot A); 4. 251 ° 00' 395.00 feet along the remainder of Grant 13,030 to Tsugio and Asako Miyamoto (Lot A); 5. 341 ° 00' 682.50 feet along the remainder of Grant 13,030 to Tsugio and Asako Miyamoto (Lot 2-C) to the point of beginning and containing an area of 6.187 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 applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants shall submit the anticipated maximum daily water usage calculation and the required water commitment payment 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 . C. The applicants, 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. D. Final Subdivision Approval of the proposed subdivision within the subject properties shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. Install street lights, signs and markings meeting with the approval of the Department of Public Works. -2- F. All new wastewater systems for each proposed lot within the subject property shall comply with the State Department of Health. ~ The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads parks and recreation fire police and solid waste disposal facilities The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot and shall become due and .payable prior to final subdivision approval for any portion of the subject property or its increments If the subject property is subdivided in two or more increments the amount of the fair bare contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of~roposed residential lots in each such increment 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 be determined by the County Council The fair share contribution shall have a maximum combined value of $7.239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to four (41 residential units. the indicated total of fair share contribution is $28,956 64 for single-family residential units. However. the total amount shall be increased or reduced in proportion with the actual number of units according to [he calculation and payment provisions set forth in this Condition G. The fair share contribution shall be allocated as follows: ~ $3.490.85 per single-family residential unit for an indicated total of $13.963.40 to the County to support park and recreational improvements and facilities: $168.40 per single-family residential unit for an indicated total of $673.60 to the County to support police facilities: -3- ~ 61 p r Ingle family re iden ial nit for an indi arP~t rnrai „f $1.330.44 [o the Count tv o~upport fire facilities• 4. $145 62 per single-family residential unit for an indicarPrt rural of $582 48 to the County to support solid waste facilities• and ~ x,101 68 pe~gle-family residential unit for an indicatP~ rural of $12 406 72 to the State or County to support road and traffic il~tprovements. The fair share contributions described above shall be adjusted annually begin-Wing three years after the effective date of the Chang of Anne hace~l n the percentage change in the Honolulu Consumer Price Index {HCPII In lieu of paving the fair share contribution the applicant may construct and contr;bute improvements/facilities related to parks and recreation fire police solid waste disposal facilities and roads within the region im asp red by the proposed development subject to the approval of the director The cost of providing and constructing the improvements required in Condition E shall be credited against the sum specified in Condition G {51 for road and traffic improvements For purposes of administering Condition G the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions bye director. the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions. as allocated. and further implementation requirements -4- [G]IG- . 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. [H]I• Comply with all other applicable laws, rules and regulations and requirements of the affected agencies for the development of the subject properties. [I]j. 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 [he 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). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County -5- Council for appropriate action. [J]$. 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 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: ~ i C CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 465.001 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- f N~RIy A - loa ° soo• A-lOa RPILR0A0 AVENUE A-3a A-3a v A - /a e A - 3a 1 5,908.51 S ~ ~ 15,746.79 E e HAL.41" `t ~ A-3a ~ AGRICULTURAL (A-3a) A " 3a o TO FAMILY o AGRICULTURAL (FA-1a) A - 3a ~ AREA: 6.187 ACRES z ~ e F A -la A - 3 a A la ~ ~ A - lOa e A ~'a A - ~a O A - lOa e- O e O 3 m ~ ~ 3 A - l'a ~ x e ~ A - lUa T k e A - 3a e ~ e ~ v ~ ~ \ A -3a e ~ A -Sa e AMENDMENT TO THE ZONING CODE 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-3a) TO FAMILY AGRICULTURAL (FA-1a) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-2-48:14 & 91 SEPT. 7, 1999 EXHIBIT "A.. cMirnraoro) -