HomeMy WebLinkAboutORD 1996-048 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 197
(Draft 5)
ORDINANCE NO. 96 4S
AN ORDINANCE AMENDING SECTION 25-113 (SOUTH HILO DISTRICT ZONE MAP)
AND SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING FHE DISTRICT
CLASSIFICATION FROM OPEN (0) AND AGRICULTURAL (A -20A) TO SINGLE
FAMILY RESIDENTIAL (RS -7.5) AND NEIGHBORHOOD COMMERCIAL (CN -10) AT
PUUEO, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-08:17,26,27,29,36,
39 AND PORTIONS OF 28, 31, 32, 33, 34,37 AND 38 AND 2-6-29:14 AND 15.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-113, 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 Porten, South Hilo,
Hawaii, shall be Single Family Residential (RS -7.5):
Parcel "A":
Beginning at a Northeastly comer of this parcel of land, and being the Southeast comer of
Parcel B, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "Halai" being 4,737.56 feet North and 839.74 feet East and thence
running by azimuths measured clockwise from true South:
1610 40' 18.86 feet along the remainder of Grant 185, Ap. 2
to B. Pitman;
2. 2620 27' 394.53 feet along Lot 1, same being also portions of
Commissioners of Crown Lands to Thomas
Spencer; Grant 185, Ap. 2 to B. Pitman and
R.P. 4687, L.C. Aw. 4809, Ap.2 to Moses
Lo;
3430 45' 474.87 feet along the remainder of a portion of
4.
42°
22'
5.
70
59' 30"
6.
3600
00'
7.
67°
48'
8.
1010
45'
9.
88°
57'
10.
3510
37'
11.
3580
56' 40"
12.
3580
57'
13.
2680
57'
14,
1770
20'
15. 2670 14'
16. 3570 3l'
Commissioners of Crown Lands to Thomas
Spencer;
26.80 feet along Lot 2, being a portion of
Commissioners of Crown Lands to Thomas
Spencer;
27.00 feet along Lot 2, being a portion of
Commissioners of Crown Lands to Thomas
Spencer;
67.35 feet along Lot 2, being a portion of
Commissioners of Crown Lands to Thomas
Spencer;
64.80 feet along Lot 1, being a portion of
Commissioners of Crown Lands to Thomas
Spencer;
106.90 feet along Lot 1, being a portion of
Commissioners of Crown Lands to Thomas
Spencer;
164.00 feet along a portion of Grant 185, Ap. 2 to
B. Pitman;
283.00 feet along a portion of Grant 185, Ap. 2 to
B. Pitman;
42.50 feet across Amauulu Road;
67.54 feet along a portion of Grant 185, Ap. 2 to
B. Pitman;
163.49 feet along a portion of Grant 185, Ap. 2 to
B. Pitman;
59.98 feet along a portion of Grant 185, Ap. 2 to
B. Pitman;
30.19 feet along the South side of Amauulu Road;
58.28 feet along Lot B, being a portion of
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17
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
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Commissioners of Crown Lands to Thomas
Spencer;
W
20'
48.70 feet along Lot 1, being a portion R.P. 4841,
L.C.Aw. 8069 to Haaloa;
200
00'
132.59 feet along a portion of Grant 185, Ap. 2 to
B. Pitman;
140
00'
254.00 feet along a portion of Grant 185, Ap. 2 to
B. Pitman;
Thence the Agricultural
District Boundary follows edge of agricultural field for
the next seventeen (17) courses, the direct
azimuths and distances between points along
said meandering line being:
91°
54'
200.00 feet;
810
43'
200.00 feet;
840
14'
200.00 feet;
660
00'
200.00 feet;
690
40'
200.00 feet;
810
30'
200.00 feet;
740
50'
200.00 feet;
460
50'
200.00 feet;
320
41'
200.00 feet;
440
20'
200.00 feet;
29°
44'
200.00 feet;
45°
50'
200.00 feet;
500
02'
200.00 feet;
-3-
33.
50° 12'
200.00 feet;
34.
710 38'
200.00 feet;
35.
720 52'
200.00 feet;
36.
700 05'
210.00 feet;
37.
Thence following along
Lot 32 of Puueo Farm Lots, said lot being portions of
Commissioners of Crown Lands to Thomas
Spencer and Kamehameha IV to Thomas
Miller and being also along the middle of
stream, the direct azimuth and distance
between points along said middle of stream
being:
111 ° 04'20" 751.67 feet;
Thence along Lot 31
of Puueo Farm Lots, said lot being portions of Kamehameha
IV to Thomas Miller and Grant 185, Ap. 1
to B. Pitman and being also along the
middle of a stream for the next four (4)
courses, the direct azimuths and distances
between points along said middle of stream
being:
38.
1090 54'
400.20 feet;
39.
1560 18'
582.90 feet;
40.
87° 24'
157.00 feet;
41.
1630 34'
361.02 feet;
42.
111' 04'
281.16 feet along Lot 31 of Puueo Farm Lots, same
being also portions of Kamehameha IV to
Thomas Miller and Grant 185, Ap. 1 to B.
Pitman;
43.
1170 50'
30.00 feet along Lot 31 of Puueo Farm Lots, same
being also portions of Kamehameha IV to
Thomas Miller and Grant 185, Ap. 1 to B.
Pitman;
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44. Thence along Lot 52 of Puueo Farm Lots, same being also portions of
Commissioners of Crown Lands to Thomas
Spencer and Grant 185, Ap. I to B. Pitman
on a curve to the left with a radius of
1000.00 feet, the chord azimuth and distance
being:
194° 15' 469.72 feet;
45. 1800 40' 403.83 feet along Lot 52 of Puueo Farm Lots, same
being also portions of Commissioners of
Crown Lands to Thomas Spencer and Grant
185, Ap. 1 to B. Pitman;
46. 1900 06' 482.47 feet along Lot 41 of Puueo Farm Lots, same
being also portions of Commissioners of
Crown Lands to Thomas Spencer and Grant
185, Ap. I to B. Pitman;
47. Thence along Lot 41 of Puueo Farm Lots, same being also portions of
Commissioners of Crown Lands to Thomas
Spencer and Grant 185, Ap. 1 to B. Pitman,
on a curve to the left with a radius of 250.00
feet, the chord azimuth and distance being:
157° 34' 268.90 feet;
48. 1250 02' 214.60 feet along Lots 41 and 40 of Patten Farm
Lots, same being also portions of
Commissioners of Crown Lands to Thomas
Spencer and Grant 185, Ap. 1 to B. Pitman;
49. Thence along Lot 41 of Puueo Farm Lots, same being also portions of
Commissioners of Crown Lands to Thomas
Spencer and Grant 185, Ap. 1 to B. Pitman,
on a curve to the right with a radius of
160.00 feet the chord azimuth and distance
being:
159° 13' 179.79 feet;
Thence along R. P. 4475, L.C.Aw. 7713, Ap. 17 to V. Kamamalu and also
being along the middle of Pukihae Stream
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F.1
for the next twelve (12) courses, the direct
azimuths and distances between points along
said middle of stream being:
50.
2690
47'
425.18 feet;
51.
2160
01'
296.99 feet;
52.
2250
47'
550.86 feet;
53.
2980
01'
693.97 feet;
54.
3250
12'
310.19 feet;
55.
233°
02'
910.48 feet;
56.
2960
05'
460.59 feet;
57.
2250
49'
234.03 feet;
58.
2820
08'
478.00 feet;
59.
2370
44'
294.61 feet;
60.
2900
52'
862.78 feet:
61.
2850
52'
107.24 feet;
62.
260
50'
450.75 feet along portions of Commissioners of
Crown Lands to Thomas Spencer and
portion of Grant 185, Ap. 2 to B. Pitman;
63.
940
00'
51.52 feet along Lot 1, same being also portions of
Commissioners of Crown Lands to Thomas
Spencer; Grant 185, Ap. 2 to B. Pitman and
R.P. 4687, L.C. Aw. 4809, Ap. 2 to Moses
Lo;
64.
1610
40'
14.27 feet along the remainder of Grant 185, Ap.
2 to B. Pitman;
F.1
65. 1130 03' 312.21 feet along the remainders of Grant 185, Ap.
2 to B. Pitman and R.P. 4666, L.C.Aw.
4659, ie Ap. l to Papa;
66. Thence along the remainders R.P. 4666, L.C.Aw. 4659, Ap. 1 to Papa and
Grant 23 to B. Pitman, on a curve to the left
with a radius of 355.00 feet, the chord
azimuth and distance being:
85° 23' 30" 329.58 feet;
67. 570 44' 109.15 feet along the remainder of Grant 23 to B.
Pitman;
68. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left
with a radius of 30.00 feet, the chord
azimuth and distance being:
160 52' 30" 39.25 feet;
69. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right
with a radius of 425.00 feet, the chord
azimuth and distance being:
3430 35' 45" 112.11 feet;
70. 351' 10' 30" 250.78 feet along the remainder of Grant 23 to B.
Pitman;
71. 'Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left with
a radius of 775.00 feet, the chord azimuth
and distance being:
346° 11' 15" 130.71 feet:
72. 3410 21' 91.21 feet along the remainder of Grant 23 to B.
Pitman;
73. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left with
a radius of 30.00 feet, the chord azimuth
and distance being:
2960 21' 00" 42.43 feet;
7-
74. 251° 21' 707.83 feet along the remainders of Grants 23 and
185, Ap. 2 to B. Pitman; to the point of
beginning and containing a gross area of
297.299 acres and a net area of 276.314
acres (more or less), after deducting the
following described Exclusions 1 and 2;
(Refer to Parcel "A," Exclusions 1 and 2 as
shown on Exhibit "A.")
Exclusion 1:
Beginning at the Northwest comer of this Exclusion, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAL" being 5523.23
feet North and 168.40 feet East and thence running by azimuths measured clockwise from
true south:
1. 2880 15' 440.27 feet along remainder of Grant 185, Ap. 2 to
B. Pitman;
2. 3480 00' 175.00 feet along remainder of Grant 185, Ap. 2 to
B. Pitman:
3. 1040 00' 385.25 feet along remainder of R.P. 4666, L.C.Aw.
4659, Ap. 1 to Papa;
4. 1590 30' 230.45 feet along remainder of Grant 23 to B.
Pitman to the point of beginning and
containing an area of 1.604 Acres; and
Exclusion 2:
Beginning at the Southeast comer of this parcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAL" being 3577.19
feet North and 162.63 feet West and thence running by azimuths measured clockwise
from true South:
870 00' 244.63 feet along remainder of Grant 23 to B.
Pitman;
2. 357° 00' 100.00 feet along remainder of Grant 23 to B.
Pitman;
M
3.
920 00'
290.11 feet along remainder of Grant 23 to B.
Pitman;
4.
1830 06'
268.25 feet along remainder of Grant 23 to B.
Pitman;
5.
980 30'
569.68 feet along remainder of Grant 23 to B.
Pitman;
6.
1860 00'
770.59 feet along remainder of Grant 23 to B.
Pitman;
7.
273° 30'
655.00 feet along remainder of Grant 23 to B.
Pitman;
8.
3540 00'
490.00 feet along remainder of Grant 23 to B.
Pitman;
9.
267° 11'
30" 307.48 feet along remainder of Grant 23 to B.
Pitman;
10.
3470 18'
30" 198.30 feet along the remainder of Grant 23 to B.
Pitman and across Amauulu Road;
11.
2670 37'
179.77 feet along the South side of Amauulu Road;
12.
360 50'
396.90 feet along the remainder of Grant 23 to B.
Pitman and containing an area of 19.381
Acres.
The district
classification of the following area situated at Ponca, South Hilo,
Hawaii,
shall be Neighborhood
Commercial (CN -10):
Parcel
"B":
Beginning at
the Southeast comer of this parcel of land, the coordinates of said
point
of beginning,
referred to Government Survey Triangulation Station "Halal" being
4,737.56
feet North
and 839.74 feet East, and running by azimuth measured clockwise
from
true South:
1.
71° 21'
00" 707.83 feet along the remainders of Grant 185, Ap.
2 and Grant 23 to B. Pitman;
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2. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right
with a radius of 30.00 feet, the chord
azimuth and distance being:
116° 21' 00" 42.43 feet;
3. 1610 21' 00" 91.21 feet along the remainder of Grant 23 to B.
Pitman;
4. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right
with a radius of 775.00 feet, the chord
azimuth and distance being:
1660 11' 15" 130.71 feet;
5. 1710 10' 30" 250.78 feet along the remainder of Grant 23 to B.
Pitman;
6. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left with
a radius of 425.00 feet, the chord azimuth
and distance being:
1630 35' 45" 112.11 feet;
7. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right with
a radius of 30.00 feet, the chord azimuth
and distance being:
196° 52' 30" 39.25 feet;
8. 2370 44' 00" 109.15 feet along the remainder of Grant 23 to B.
Pitman;
9. Thence along the remainders of Grant 23 to B. Pitman and R.P. 4666, L.C.Aw.
4659, Ap. 1 to Papa, on a curve to the right
with a radius of 355.00 feet, the chord
azimuth and distance being:
2650 23' 30" 329.58 feet;
10. 2930 03' 00" 312.21 feet along the remainders of R.P. 4666,
L.C.Aw. 4659, Ap. 1 to Papa and Grant 185,
Ap. 2 to B. Pitman;
11. 3410 40' 00" 380.57 feet along the remainder of R.P. 4666,
L.C.Aw. 4659, Ap.l to Papa, to the point of
10-
beginning and containing an area of 9.7963
Acres, more or less. (Refer to Parcel "B" as
shown on Exhibit "A.")
SECTION 2. 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 Puueo, South Hilo,
Hawaii, shall be Single Family Residential (RS -7.5):
Parcel "C":
Beginning at the Northeast corner of this parcel of land, on the West side of
Wainaku Street, the coordinates of said point of beginning, referred to Government
Survey Triangulation Station "Halal" being 4,851.64 feet North and 1,559.40 feet East,
and running by azimuth measured clockwise from true South:
1. 341° 40' 313.19 feet along the Westerly Side of Wainaku
Street;
2. 940 00' 367.64 feet along the Northerly side of Clem Akina
Park, same being portion of Commissioners
of Crown Lands to Thomas Spencer;
3. 163° 45' 236.77 feet along the remainder of portion of
Commissioners of Crown Lands to Thomas
Spencer;
4. 2620 27' 337.41 feet along Lot 1, same being portion of
Commissioners of Crown Lands to Thomas
Spencer; to the point of beginning and
containing an area of 2.129 Acres, more or
less. (Refer to Parcel "C" as shown on
Exhibit "A.")
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 3. These changes in district classification we conditioned upon the following:
A. The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Within three years from the enactment of this ordinance, the applicant shall
provide assurance satisfactory to the Department of Water Supply and the
Planning Director, upon consultation with the State Department of Health and
the State Department of Land and Natural Resources, that a water source(s) of
sufficient quality and quantity can be established. The effective date of the
changes in district classification(s) shall be the date on which the Planning
Director has certified such assurances to be satisfactory. Such satisfactory
assurance can be met by the actual drilling and testing of a well site of the water
source or by the submittal of a hydrological study certifying that a water
source(s) of sufficient quality and quantity can be established at the designated
location(s). The actual development of the water source and its water
transmission and distribution system shall be developed in conjunction with the
subdivision approval process. Notwithstanding the provisions of Condition R,
residential building permits shall not be issued until the approved water source is
developed and its transmission and distribution system for such source to the
subject property has been constructed. Residential building permits may be
issued for model home complexes, provided that such model homes will not be
occupied until the approved water source is developed.
C. Subdivision plans for any portion of the project site shall be submitted to the
Planning Department and Final Subdivision Approval shall be secured within
five (5) years from the effective date of the rezoning as determined in Condition B
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B of this ordinance. A master plan of the proposed development shall be
submitted with plans for subdivision review. The proposed subdivision shall
not exceed a maximum limit of 800 residential lots.
D. Traffic signalization shall be installed by the applicant at the Wainaku
Street/Wailuku Street intersection and the Hawaii Belt Road/Hau Street
intersection as warranted by traffic studies which shall be submitted by the
applicant every two years from the effective date of final subdivision approval for
any residential or commercial portion of the subject property and meeting with the
approval of the Department of Public Works.
Roadway improvements and access(es) to the subject property, including all plans
and construction, shall meet with the approval/ requirements of the Department of
Public Works. In conjunction with final subdivision approval for any residential
or commercial portion of the subject property, the applicant shall:
Construct the main access corridor of the subject property to an 80 -foot
wide right-of-way with curb, gutter, and sidewalk improvements from its
intersection with Wainaku Street, which location shall be determined by
the Department of Public Works, up to and fronting that portion of the
subject property that is being subdivided. All county dedicable standard
roadways within the subject property shall be constructed with curb,
gutter, and sidewalk improvements meeting with the approval of the
Department of Public Works.
2. Construct the channelization and signalization at the project site's main
access/Wainaku Street intersection no later than the occupancy of any
residential unit.
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To prevent the use of Amaulu Road as a vehicular thoroughfare, the
applicant shall install a breakaway gate where the applicant's ownership of
the subject property begins and meeting with the requirements of the
Department of Public Works.
Provide off-street parking within the subject property to compensate for
the loss of any off-street parking on Wainaku Street between Lehua Street
and Iliahi Street.
F. To provide for future connections to adjacent properties, the applicant shall
provide at least one 60 -foot wide right-of-way stub -out in addition to the main
access corridor abutting to the subject property's western boundary, constructed to
dedicable standards including curb, gutter and sidewalk improvements, to the
parcels abutting the subject property's northern boundary prior to final subdivision
approval for the affected portion of the subject property.
G. All electrical and communication utilities lines within the road rights-of-way of
the subject property shall be placed underground.
H. The location of the school site, if applicable, shall meet with the approval of the
Planning Director, in consultation with the State Department of Education and
shall be reflected on the master plan of the subject property which will be
submitted with plans for subdivision review.
An overall Landscaping Master Plan, which includes landscaping along the
property's frontages along Wainaku Street and the open areas along the Wailuku
River, and a program of maintenance of the Landscaping Master Plan, shall be
submitted with the subdivision plans for the proposed development to the
Planning Director for review and approval, in consultation with the Chief
14-
Engineer prior to Final Subdivision Approval of any portion of the proposed
development. The Landscaping Master Plan shall include mitigation measures to
address potential visual impacts from the proposed development to any public
road and adjacent properties (e.g. views from adjacent lots along the Wailuku
River) through design controls, lot sizes, landscape buffers and provisions for
open space view corridors. As represented by the applicant, measures controlling
the architectural and landscape character within the project shall be incorporated
as part of the project's Covenants, Conditions and Restrictions (CC&R's). A draft
copy of the project CC&R's shall be submitted to the Planning Director prior to
final subdivision approval and a recorded copy shall be filed with the Planning
Department.
J. 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 in consultation with the
Department of Land and Natural Resources -Historic Preservation Division when
it finds that sufficient mitigative measures have been taken.
K To ensure the goals and policies of the housing element of the General Plan, the
applicant shall secure the concurrence of the County Housing Agency that the
applicant's affordable housing requirements have been mutually agreed to prior to
final subdivision approval for any residential portion of the subject property.
L. 'ro ensure the goals and policies of the recreation element of the General Plan are
implemented, the applicant shall:
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I . construct bike lanes, where appropriate, within the road rights-of-way to
be dedicated to the County meeting with the approval of the Department
of Public Works.
designate approximately eight (8) acre of land for a public recreational
park within the makai (east) portion of the subject property and contiguous
to Clem Akina Park, for active and passive recreational uses which shall
be dedicated and accepted by the County of Hawaii prior to the occupancy
of any residential unit within the subject property. The configuration and
the construction of improvements, including but not limited to grading,
grassing, fencing, the construction of multi -use ball fields, and parking
shall meet with the approval of the Planning Department in consultation
with the Departments of Parks and Recreation and Public Works, prior to
the occupancy of any residential unit within the subject property.
3. submit drafts of documents for dedication of the 8 -acre park site to the
County of Hawaii in conjunction with final subdivision approval for any
residential portion of the subject property.
M. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation , fire,
police, solid waste disposal facilities, and roads. 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 share
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
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additional proposed residential lots in each such increment. The fair share
contribution may be in a form of cash, land, facilities, or any combination thereof
acceptable to the director in consultation with the affected agencies. In the event
the fair share contribution is greater than is required of the increment (e.g.
dedication of the park), the excess amount will be credited toward future
increments of the subject property. The fair share contribution shall have a
maximum combined value of $7,239.16 per lot. Based upon the applicant's
representation of intent to subdivide and develop up to 800 residential lots, the
indicated total fair share contribution is $5,791,328.00, however, the total amount
shall be increased or reduced in proportion with the actual number of subdivided
lots according to the calculation and payment provisions set forth in this
Condition A The fair share contribution shall be allocated as follows:
$3,490.85 per lot, for an indicated total of $2,792,680.00 to the County to
support park and recreational improvements and facilities;
2. $168.40 per lot, for an indicated total of $134,720.00 to the County to
support police facilities;
3. $332.61 per lot, for an indicated total of $266,088.00 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of $116,496.00 to the County to
support solid waste facilities;
5. $3,101.68 per lot, for an indicated total of $2,481,344.00 to the State or
County to support road and traffic improvements.
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The fair share contributions described above shall be adjusted annually beginning
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 paying the fair
share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of constructing the
improvements required in Conditions D, E, F, and L shall be credited against the
sum specified in Condition M(1) for parks and recreation and in Condition M(5)
for road and traffic improvements. For purposes of administering Condition M,
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 the review and
approval of the Planning Director, upon consultation with the appropriate
agencies.
N. Restrictive covenants in the deeds of all the proposed residential lots shall prohibit
the construction of an ohana or second dwelling unit on each lot within the
subject property. A copy of the proposed covenant(s) shall be submitted to the
Planning Department for review and approval and a copy of the approved
covenant shall be recited in an instrument executed by the applicants and the
County prior to final subdivision approval for any residential portion of the
subject properly. 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.
O. A Drainage Study of the subject property shall be submitted to the Planning
Director in conjunction with plans submitted for subdivision review for any
residential or commercial portion of the subject property. A drainage system and
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improvements, as may be required, shall be constructed meeting with the approval
of the Department of Public Works prior to issuance of Final Subdivision
Approval for any portion of the subject property being subdivided into residential
or commercial lots.
A Solid Waste Management Plan shall be submitted and approved by the
Department of Public Works prior to final subdivision approval for any portion of
the subject property being subdivided into residential or commercial lots. The
Plan shall include, but not be limited to, the management of construction solid
waste as well as operating and domestic solid waste generated by the proposed
development.
Q. Wastewater from the subject property shall be disposed into and connected to the
County's Hilo wastewater system meeting with the requirements and approval of
the Department of Public Works.
R. In lieu of actual construction of infrastructural improvements as conditioned
above, the applicant may enter into an agreement with the Planning Director and
the Department of Public Works and the Department of Water Supply, if
applicable, to assure the County that the infrastructural improvements will be
constructed together with the appropriate bond, surety or other security deemed
acceptable to the Planning Director and approved by the Corporation Counsel.
Upon execution of such agreement and filing of the security with the County, if
applicable, Final Subdivision Approval for the subject property or portions thereof
shall be granted prior to the actual construction of required infrastructural
improvements.
S. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
SLS
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
T. 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 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).
U. 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 4. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-20-
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
IL MEM�ER, COUNOF HAWAII
Hilo, Hawaii
Date of Introduction:
April
3, 1996
Date of 1 st Reading:
April
3, 1996
Date of 2nd Reading:
April
17, 1996
Effective Date:
May 2,
1996
APPROVED AS TO FORM AND LEGALITY
!? FUTY CORPORATION COUNSEL
DATED: �j / 7 z l g 6
-21-
�
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t -
Fm
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
Introduced By: Takashi Domingo
Date Introduced: _April 3. 1996
First Reading: April 3, 1996
Published: N/A
REMARKS:
Second Reading: April17. 1996
To Mayor: April 18, 1996
Returned: May 2 1996
Effective: May 2, 1996
Published May 10, 1996
REMARKS:
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
COUNCIL CHAIRMAN
Approved/lel this :z day
aJ�
19 4e
M4YOR, COUNTY OF (1WAU
SCO
Bili No.: 197 (Draft 5 )
Reference: _C - P4
Ord 9 s
No.: �
ROLL CALL
AYES
Arakak`Bonk-AbramsonChilds
X
Bonk -Abramson
Childs
DeLimaDominoOsorio
WLCALLVQTE
Dom ngo
X
Oswio
X
Rath
X
y
X
Smith
X
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
COUNCIL CHAIRMAN
Approved/lel this :z day
aJ�
19 4e
M4YOR, COUNTY OF (1WAU
SCO
Bili No.: 197 (Draft 5 )
Reference: _C - P4
Ord 9 s
No.: �
ROLL CALL
AYES
Ara"
X
Bonk -Abramson
Childs
De Lima
,X
R10
Dom ngo
X
Oswio
X
Rad'
X
Ray
X
Sm th
X
7
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
COUNCIL CHAIRMAN
Approved/lel this :z day
aJ�
19 4e
M4YOR, COUNTY OF (1WAU
SCO
Bili No.: 197 (Draft 5 )
Reference: _C - P4
Ord 9 s
No.: �