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Home My WebLink AboutBIL 073 Draft 01 2024-2026COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-4-011:153. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiākea, South Hilo, Hawai‘i, shall be Single-Family Residential – 10,000 square feet (RS-10): Beginning at the northwest corner of this parcel of land and on the east side of Kehaulani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station “HALAI” being 12,509.78 feet South and 8,042.10 feet East, thence running by azimuths measured clockwise from True South: 1. 265º 40' 115.00 feet along a portion of Lot 712-A, (Grant 9102 to Mary Kahalaikulani Silva); 2. 355º 40' 189.38 feet along portion of Lot 712-A (Grant 9102 to Mary Kahalaikulani Silva); 3. 85º 40' 115.00 feet along Lot 12-A, being also a portion of Lot 712-A (Grant 9102 to Mary Kahalaikulani Silva); 4. 175º 40' 189.38 feet along east side of Kehaulani Street to the point of beginning and containing an area of 21,778 Square Feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. The applicant, successors or assigns (“Applicant”) shall be responsible for complying with all stated conditions of approval. Upon approval of this Change of Zone, the Planning Director shall formally revoke Ohana Dwelling Permit No. 86-0092 in writing. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. The time during which required plans, reports, studies, or relevant permit applications are under review for approvals by government agencies shall not count towards the deadline established in the ordinance. To justify this tolling, the Applicant shall provide evidence of the excluded time period to the planning department for its review and approval, which shall consist of dates obtained from a government agency website, permitting program, or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the government agency. Existing water services with current account or water meter numbers shall be depicted on plat maps submitted for the subdivision of the subject property. A five (5)-foot-wide future road widening strip along the property’s Kehaulani Street frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works, the Applicant shall subdivide the land encumbered by the future road widening and shall dedicate it to the County of Hawaiʻi at no cost. All driveway connections to Kehaulani Street shall conform to Hawai‘i County Code Chapter 22, County Streets. All development-generated runoff shall be disposed of on-site and not directed toward any adjacent properties. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawai‘i County Code. The method of sewage disposal shall meet the requirements of the State Department of Health. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent work shall proceed upon receipt of an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaiʻi County Code. If any conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with section 25-2-44(c), the planning department shall inform the Applicant that the ordinance is null and void without further action by the County. In that event, the zoning designation of the property(s) affected by the ordinance shall automatically revert to its immediate prior zoning designation. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI‘I , Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: