HomeMy WebLinkAboutBIL 139 Draft 02 2000-2002 COLJN'I'~ OF ~1~I STA~`~ O~ I~AAI`I
SILL NO. 139
(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 AGRICULTURAL (A-la) TO
SINGLE FAMILY RESIDENTIAL (RS-10) AT KUKUAU 21''D, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-3-50:71.
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 Kukuau 2"d, South Hilo,
Hawaii, shall be Single Family Residential (RS-10):
Beginning at the north corner of this parcel of land, being the west corner of
Lot 20, Sunrise Ridge Subdivision, Unit 2-B and being the northeast corner of
Government Land, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "IIALAI" being 3,094.85 feet South and 616.16 feet West,
thence running by azimuths measured clockwise from True South:
1. 318° 51' 13" 146.96 feet along Lot 20, Sunrise Ridge
Subdivision, Unit 2-B;
2. 35° 17' 40.00 feet along Lahou Street;
3. Thence along Lahou Street, along a curve to the left with a radius of 45.00 feet,
the chord azimuth and distance being:
326° 33' 51.5" 83.86 feet;
4. Thence along Park Site, along a curve to the left with a radius of 12.00 feet, the
chord azimuth and distance being:
40° OS' 21.5" 14.70 feet;
5. 2° 20' 167.75 feet along Park Site;
6. Thence along Park Site, along a curve to the right with a radius of 412.00 feet, the
chord azimuth and distance being:
5° 40' 03.5" 47.93 feet;
7. Thence along Park Site, along a curve to the left with a radius of 20.00 feet, the
chord azimuth and distance being:
343° 38' 35.5" 17.13 feet;
8. Thence along Park Site, along a curve to the right with a radius of 34.00 feet, the
chord azimuth and distance being:
7° 13' 32" 51.27 feet;
9. 326° 10' 74.13 feet along Park Site;
10. 35° 41' 30" 289.37 feet along Lot 327, Land Court
Application 1205 (Map 73);
11. 139° 09' 4.00 feet along Road Lot "D", a portion of Royal
Patent 5706, Land Commission Award
8521-B, Part 2 to G.D. Hueu;
12. 182° 21' 40" 801.40 feet along Government Land to the point of
beginning and containing an area of 1.7817
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, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall secure Final Subdivision Approval [of the proposed
subdivision shall be secured from the Planning Director] within five (5) years
from the effective date of [the] this ordinance.
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C. All driveway connections to Lahou Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code. Applicant shall repair the sidewalk
fronting the subject property, meeting with the approval of the Department of
Public Works.
D. Wastewater disposal shall be connected to the County's sewer system, meeting
with the rules and regulations of the Department of Environmental Management.
E. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall prohibit any landscaping which ne atg ivel~~acts the drainage
systems. (For example, gavel placed over plastic washing into the drywells,
drainage channels, etc.)
[E]F. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall prohibit the construction of a second dwelling unit and
condominium property regimes on each lot. A copy of the proposed covenant(s)
to be recorded with the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of Final Subdivision
Approval. A copx of the approved covenant(s) shall be recited in an instrument
executed by the applicant and the County and recorded with the Bureau of
Conveyances for any portion of the subject property A copy of the recorded
document shall be filed with the Planning Department upon its receipt from the
Bureau of Conveyances.
G. The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads parks and recreation fire,
police and solid waste disposal facilities. 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
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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 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 der single-family residential unit. Based upon the
applicant's representation of intent to develop up to three L3~ residential units,
the indicated total of fair share contribution is $23x628.60 for single-family
residential units. I-Iowever the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and
payment provisions set forth in this Condition G. The fair share contribution
shall be allocated as follows:
1. ~3 ti798.04 per single-family residential unit for an indicated total of
$11,394.12 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$549.66 to the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of
~1;085.64 to the County tQ Sup-port fire facilities;
4. $158.43 per single-family residential unit for an indicated total of
$475.29 to the Count~to support solid waste facilities; and
5. $3 374.63 per single-family residential unit for an indicated total of
$10,123.89 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 dears after the effective date of the change of zones based on the
percentage change in the Honolulu Consumer Price Index (HCPD. In lieu of
paving the fair share contribution, the applicant m~ construct and contribute
improvements/facilities related to narks and recreation, fire, police, solid waste
disposal facilities, and roads within the re
i~ on impacted by the proposed
development, subiect to the approval of the director. For purposes of
administering Condition G, 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 subiect to review and approval of the director, upon consultation with the
appropriate agencies.
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]H. 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.] When the DLNR-HPD finds sufficient miti ation measures have been
taken subsequent work on the proiect shall proceed.
[G]I. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
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[H]J. Should the Hawaii County 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.
[I]K. 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, 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.
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[J]L. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COI~"NCI MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
R~F~~9,~= _ 4 2 8.1
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APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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SINGLE FAIV9LY RESI®ENTAL (RS-10) ='9s'o ~ /5,~.'' f~' t~~~0
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ANIENDiNG SECTION 25-8-33 (CITY OF 4~IL0 ZONE bVliAP) ARTICLE 8, CI-IAPT~R 25
(ZONING CODE) OF TIE I-IAWAII COUNTY COQ, ~Y C~iANGING TI-~ DISTRICT
CLASSIFICATION FROIiA AGRICULTURAL (A 1a) TO SINGLE FAI1~iLY RESIDENTIAL (RS-10)
AT KUKUAl12nd, SOUT~I HILO, HAWAII
PREPARED 13Y: PLANNING DEPARTN~NT
COMITY OF HAWAI I
:2-3-50:071 Oct 5, 2001