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Home My WebLink AboutBIL 089 Draft 02 2000-2002 COUNTY OF I~AW1;I`I STATE O~ ~IAWAI`I BILL NO. 89 (Draft 2) ORDINANCE NO. AN ORDINANCE 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 SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-14:42. 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 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 an iron found at the southeast corner of this parcel of land, also being the northeast corner of Lot 28, the coordinates of this point of beginning referred to Government Survey Triangulation Station "HALM" being 8,335.73 feet South and 5,986.88 feet East and thence running by azimuths measured clockwise from true South: 1. 85° 40' 00" 222.00 feet along Lot 28 to a spike found on the right-of--way of Kanoelani Drive; 2. 175° 40' 00" 120.00 feet along the right-of--way of Kanoelani Drive to a pipe set at the right-of--way of Puainako Street; 3. 265° 40' 00" 222.00 feet along the right-of--way of Puainako Street to a drill hole in a wall; 4. 355° 40' 00" 120.00 feet along Lot 513-B to the point of beginning and containing an area of -1- 26,640 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. This change in district classification is conditioned upon the following: A. The applicant, its 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. Access for the proposed vacant lot shall be limited to [Kanoelani Street and meet with the approval of the Department of Public Works. All driveway connections to county roads shall conform to Chapter 22, Streets and Sidewalks of the Hawaii County Code.] anoint driveway from Puainako Street, and shall meet with the rp oval of the State Department of Transportation. D. The applicant shall provide a 5-foot future road widening strip along Kanoelani Street. In addition, the applicant shall also provide a minimum 30 feet radii future road widening setback along Kanoelani Street meeting with the approval of the Department of Public Works. E. [Comply] The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for approval of the proposed development[.] within the subject property. F. The applicant shall make its fair share contribution to mitigate potential re,ig~onal impacts of the su~jec~roject with respect to roads parks and recreation fire -2- police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of mult_plying the number of residential lots proposed to be subdivided b~ the amounts allocated hereinbelow for each such lot, and shall become due and pa ay_ble 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 proposed 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 $7,876.20 per single-family residential unit. Based upon the applicant's representation of intent to develop up to one (1) residential unit, the indicated total of fair share contribution is $7,876.20 for sin 1~ e-family residential units. However the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and patent provisions set forth in this Condition F. The fair share contribution shall be allocated as follows: 1. $3,798.04 per sin-gle-family residential unit for an indicated total of ~3,~798.04 to the Count t~pport park and recreational improvements and facilities; 2. $183.22 per single-fami~ residential unit for an indicated total of $183.22 to the County to support police facilities; 3. $361.88 per single-family residential unit for an indicated total of $361.88 to the Count to support fire facilities; 4. $158.43 per single-family residential unit for an indicated total of $158.43 to the County to support solid waste facilities; and 5. $3 374.63 per single-family residential unit for an indicated total of $3,374.63 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually be~innin~ three years after the effective date of the change of zone based on the percenta e~ change in the Honolulu Consumer Price Index (HCPI). In lieu of pang 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. For~urposes of administering_Condition F, the fair market value of land contributed or the cost of andimprovements reauired or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate a end Upon approval of the fair share contributions or in lieu contributions by the 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. [F]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. [G]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: -4- 1. Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its 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). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. [H]I. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~ia/~ COIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ~ 2 9 9 . l_.. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- KS-/O KS-lO Ks-lO a=- Walkea z°,^ ~ SINGLE FAMILY ~ _R ~ RESI®ENTIAL (RS-15) SCy/00/5 r3 T® SINGLE FAMILY RESI®ENTIAL (RS-10) Complex AREA: 26of40 Sq. Ft. ,75-/O R'S-lO RS-lO PUAINAKO STREET ,75 /5 .75-15 ~C5-/5 ,75-/5 NIKOLOA PL w 8,335.73 S ~ zs - / s ~ 5,986.88 E ~ a- ~ °HALAI° ~ ,75-/5 ~ ~ ~ ~ to W ~ MIKA'ELE PL. KS-l5 ,75'/5 KIA'I PL. RS-I5 KS /O Rs-/5 ,75-15 .('S-/5 HO'OMAKOA _ Pl. ~ RS-l5 ~ ~ ~ ~ ~ o g ~ O 3 Q Z K5-/5 Q ~ .75-/5 Y Q ~ ~ ~ I AMENDING SECTION 25®5-33 (CITY OE HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, DY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED RY PLANNING DEPARTMENT COUNTY OF I-IAWAII TMK 2-4-14: 42 JULY 9, 2001 EXI"II®IT eeAsr rorcuTAU. LLC)