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Home My WebLink AboutBIL 294 Draft 01 2002-2004 COUNTY OF HA~1~I`I ~TAT~ CAF I-IAWA.I`I BILL NO. 294 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-3a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-38:8. 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 the northwest corner of this parcel of land, being the north corner of Lot E-1, being a portion of Lot 916, Grant 11,622 to Gilbert TakeoYamaguchi and on the south side of Haihai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 16,212.82 feet South and 1,880.06 feet West, thence running by azimuths measured clockwise from True South: 1. 265° 40' 160.00 feet along Haihai Street; 2. 355° 40' 1,180.00 feet along Lot C-1-A and Lot C-1-B, being portions of Lot 916, Grant 11,622 to Gilbert Takeo Yamaguchi; 3. 85° 40' 160.00 feet along Paulele Street and Lot 12 of Waiakea Heights Subdivision, Unit II; 4. 175° 40' 1,180.00 feet along Lot E-1, a portion of Lot 916, Grant 11,622 to Gilbert Takeo Yamaguchi to the point of beginning and containing an area of 4.334 Acres, more or less. -1- 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, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety (90) days form the effective date of this ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. There shall be no individual lot access to Haihai Street. -2- E. Provide improvements to the entire frontage of Haihai Street consisting of, but not limited to, pavement widening, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. F. The centerline of the private street servicing the proposed subdivision off Haihai Street shall align with Hanohano Street and provide adequate sight distance. The private street shall provide access to no more than six lots and shall terminate with a turnaround, meeting with the approval of the Deparhnent of Public Works. G. Covenants in the deed shall require the homeowners to maintain the private roads and drainageway. H. Install street lights, signs and markings, meeting with the approval of the Department of Public Works Traffic Division. I. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. J. There shall be no construction of single family dwellings and related improvements or other substantial buildings or subdivision roads within areas designated "AE" or shaded Zone "X" by Flood Insurance Rate Maps (FIRM) -3- except that subdivision roads can be built in shaded Zone "X." Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. This restriction may be removed by amendment of this ordinance by the County Council. 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 copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. K. Al] development generated runoff shall be disposed of on site and not be directed towazd any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works concurrently with the submission of preliminary subdivision plans. Any drainage improvements shall be constructed, meeting with the approval of the Depaztment of Public Works. L. The method of sewage disposal shall meet with the requirements of the State Department of Health. M. 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 - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. N. 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 towazds the requirements of the Unified Impact Fees Ordinance. -4- O. Comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. P. 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 maybe 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. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $9,472.12 per single- family residential unit. Fair share contributions shall be allocated as follows: 1. $4,663.74 per single-family residential unit for an indicated total of $41,973.66 to the County to support park and recreational improvements and facilities; 2. $224.98 per single-family residential unit for an indicated total of $2,024.82 to the County to support police facilities; 3. $444.36 per single-family residential unit for an indicated total of $3,999.24 to the County to support fire facilities; -5- 4. $194.55 per single-family residential unit for an indicated total of $1,750.95 to the County to support solid waste facilities; 5. $4,143.81 per single-family residential unit for an indicated total of $37,294.29 to the State or County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the Hawaii County Council. Q. Comply with all applicable laws, rules and regulations of the affected agencies, including the Department of Public Works, Department of Water Supply and Department of Health. R. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. S. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: -6- 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 maybe extended for up to one additional year). T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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: O CIL ME R, C Y OF HAW `I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 68fi---..- 7 q- A-fa a-~a RS-f0 N ~ - ~ N O O Y to N i. 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