HomeMy WebLinkAboutBIL 270 Draft 01 1994-1996ORDINANCE NO.
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 -3a) TO
SINGLE FAMILY RESIDENTIAL (RS -10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-4-3:74.
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 Single Family Residential (RS -10):
Beginning at the north corner of this parcel of land, being the northwest corner of
Lot 3 and being also the southeast corner of Lot 66, "Ahualani Subdivision," Unit I, File
Plan 1453, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALAI" being 14,145.37 feet south and 257.67 feet east, thence
running by azimuths measured clockwise from true South:
1. 3550 40'
2. 85° 40'
315.36 feet along Lot 3;
176.85 feet along Lot 4-13;
3. 3550 40' 54.37 feet along Lot 4-13;
4. Thence along Lot 4-B, along a curve to the right with a radius of 10.00 feet, the
chord azimuth and distance being: 40° 40'
14.14 feet;
5. 85° 40'
6. 1750 40'
120.00 feet along Lot 4-13;
92.07 feet along Lot 4-13;
7. 850 40' 120.71 feet along Lot 4-13;
8. 1750 40' 287.66 feet along Lot 10, Lot 9 and Lot 8 of "Haihai
Estates," Unit II, File Plan 1796;
9. 2650 40' 427.56 feet along Lot 82, Kikaha Street and Lot 66
of "Ahualani Subdivision," Unit I, File Plan
1453 to the point of beginning and
containing an area of 3.2102 acres, more or
less.
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. The required water commitment payment shall be submitted 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. Final Subdivision Approval of the proposed subdivision development shall be
secured within five (5) years from the effective date of this ordinance.
D. Drainage improvements, if required, shall be constructed in a manner meeting
with the approval of the Department of Public Works prior to the issuance of
Final Subdivision Approval.
E. Kikaha Street shall be extended with a 32 -foot wide dedicable pavement within
a 50 -foot right-of-way with concrete curbs, gutters and sidewalks in a manner
meeting with the approval of the Department of Public Works. The applicant
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shall construct all other proposed roadways the same and dedicate all roadways
to the County of Hawaii.
F. Should any remains of historic sites such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the 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
taker..
G. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. 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 subject property or within five (5) years from the
effective date of this change of zone ordinance, whichever occurs first. 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 shall
be determined by the County Council, provided that the fair share contribution
to address the potential road impacts shall only be in the form of cash and shall
be applied to improving the Komohana/Kawailani street intersection. The fair
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share contribution may 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 for
other facility impacts, the applicants may construct such facilities related to
park, fire, police and solid waste disposal facilities with the approval of the
appropriate agency(ies). 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. 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.
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) .
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I. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
RLFLRENCE: Comm. 1158
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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