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Home My WebLink AboutBIL 265 Draft 01 1994-1996• r/Y" ORDINANCE 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 2-4-03:POR. OF 4. 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 northerly corner of this parcel of land, being the southeast corner of Lot 3 and on the west side of Lot 40 of Hoomalu Street Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,031.71 feet South and 629.41 feet East, and running by azimuths measured clockwise from True South: 1. 3550 40' 2. 85° 40' 3. 1750 40' 4. 85° 40' 5. 3550 40' 6. 85° 40' 288.05 feet along Lot 40, Road Lot, Lots 39, 32 and 31 of Hoomalu Street Subdivision; 126.85 feet along the remainder of Lot 1; 48.84 feet along same; 50.00 feet along same; 48.84 feet along same; 126.85 feet along same; } 7. 1750 40' 288.05 feet along Lot 2; 8. 2650 40' 303.70 feet along Lot 3 to the point of beginning and containing an area of 1.952 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 ordinance. C. A drainage/flood study of the project site shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, as 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. D. Ahe Street shall be extended through TMK: 2-4-42:82 with a 32 -foot wide dedicable pavement with concrete curbs, gutters and sidewalks in a manner meeting with the approval of the Department of Public Works. The applicant shall construct all other proposed roadways within the proposed subdivision with a 32 -foot wide dedicable pavement within a 50 -foot right-of-way with concrete curbs, gutter and sidewalks along the full frontages of all proposed -2- 4A subdivided lots. All roadways shall be dedicated to the County of Hawaii in accordance with the Department of Public Works. E. 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 taken. F. 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. The fair share contribution may be adjusted annually beginning three years after the -3- S 0 effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). 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). G. 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; 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) . 0 a w 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: REFERENCE: Comm. ---1 5_3 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- I A-".1' a c * R5 10 10 Z STReeT 10 PUKAisA R5-10 1 A f z a � NIOLO 'L' -1 a a •1 Nhusl�nl 1 c pork RS -10 R5 10 v c IL RS 10 c NOOKANO ST. fe O a 0 i A -3a I A -3a 15,031 .71 S 629.41 E "HAI—Alts A A -'9a x c c r a » 4 a a LOOP N O MA — R5-15 j R5fi5 \„j AX41� A -5s R5 10 Liti NAINA I STREET A - 'Os ---- ° K u° u I e u street AGRICULTURAL (A--30) TO A-3. SINGLE FAMILY RESIDENTIAL (RS -10) 5-10 Rs 10 AREA: 1.952 ACRES R5 15 TO THECODE- AMENDING AMENDMENT ZONING 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 -3o) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT WAIMEA, SOUTH HILO, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 2-4-03: PORTION OF 4 FEBRUARY 26, 1996 EXHIBIT "A7 (GILBERT K