HomeMy WebLinkAboutORD 2005-110 2004-2006COIUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 92
(Draft 2)
ORDINANCE NO. F~5 11U
AN ORDINANCE AMENDING ORDINANCE NO. 92 7, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL (A-3a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA,
Cni ITH HII.O_ HAWAII. COVERED BY TAX MAP KEY 2-4-3:POR. 21.
BE IT ORDAINED BY THE COUNCII, OF THG COUN"fY OF HAWAI`L
SECTION 1. Ordinance No. 92 7 is amended as follows:
"SECTION I . Section [~3-+-F4] 25-8-33, Article ~3~ 8, Chapter 25 (Zoning Code) of the
I lawai' i County Code, is amended to change the district classification of property described
hereinafter as follows:
The district dassitication of the following area situated at Waiakea, South Hilo,
Hawai"i. shall be Single Family Residential (RS-10):
SF.CTfON 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. [
~~
]the required water
commitment payment shall be submitted to the Deparnnent of Water Supply in
accordance with its "Water Commitment Guidelines Policy" within ninety days from the
effective date of this amendment
C. [.
]Final Subdivision Approval of the proposed
subdivision development shall be secured within five (5) years from the effective date of
this amendment
D. access to the proposed lots shall meet with the approval of the Department of Public
Works. All driveway connections to Kawailani Street shall conform to Chapter 22,
Streets and Sidewalks, of the Hawaii Counter Interior subdivision roads shall be
provided with curbs, gutters, and sidewalks meeting the approval of the Department of
Public Works;
E. underground utilities shall be constructed;
F. a 10-foot wide road widening strip along the Kawailani Street frontage of the property
shall be set aside and delineated on the subdivision plans. All structural setbacks shall be
taken from this future road widening line;
G. (a_,.:..,,,.o : o...,...~...n .,.ee.., ~.ti ao ., .,i~,vtwa na....,rt...o..r ..+ a..tin,. ur,,.~~~
A drainage studyof the property, if required, shall be prepared by a licensed civil
engineer and submitted to the Department of Public Works prior to issuance of a
construction~ermit. Drainage improvements, if required, shall be constructed, meeting
with the approval of the Department of Public Works;
H. The method of sewage disposal shall meet with the approval of the appropriate
government agencies;
I. all development-generated runoff shall be disposed of on site and shall not be directed
toward an}_ad~acent properties;
J. 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
(Dl NR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken
K. the applicant shall make its fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation fire police solid waste
disposal facilities and roads The fair share contribution shall be initially based on the
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representations contained within the chance 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 recept of Final Plan Approval or within tive years from
the effective date of this amended 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 chance of zone. "Che fair share shall apply
to all lots in excess of two lots allowed by current zoning. The fair share contribution in
a form of cash, land, facilities or anycombination thereof shall be determined by the
County Council. The fair share contribution may be adjusted annually ig nninQ three
years after the effective date of the amendment to the ordinance, based on the percentage
chance in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of $9,671.44~er single-family residential unit. Based
upon the applicant's representation of intent to develop a total of nineteen (19) single-
family residential units, the indicated total of fair share contribution is $183,757.36 far
the single-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
p~ment provisions set forth in this condition The fair share contribution per singlc-
family residcntial unit shall be allocated as follows:
• $4 663 74 per single-family residential unit for the nineteen (19) since
family residential units for an indicated total of $88,611.06 to the County to
support park and recreational improvements and facilities;
224 98 per single-family residential unit for the nineteen (19) single-family
residential units for an indicated total of $4,274.62 to the County to support
police facilities;
$444 36 per single-family residential unit for the nineteen (19) single-family
residential units for an indicated total of $8,442.84 to the Count t~pport
fire facilities_
• $194 55 per sintrle-family residential unit for the nineteen (19) single-family
residential units for an indicated total of $3,696.45 to the County to support
solid waste facilities;
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$4,143.81 der single-family residential unit for the nineteen (19) sinele-
family residential units for an indicated total of $78,73239 to the County to
support road and traffic improvements;
In lieu of ~ayin¢ the fair share contribution, the applicant may contribute land and/or
construct 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 review and recommendation of the Planning Director,
upon consultation with the appropriate agencies and approval of the County Council.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified Impact Fees Ordinance.
[t ] N. to ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, [ ~o ., ..r .,.... ,.w,.n . ,._i... ~.ti ,tio nor o „r u,...~:,,.. ,,.,a r,,..,.,,, .;ty
] the applicant shall comply with the requirements of
Chapter I I Article I Hawaii County Code relating to Affordable Housing Policy.
This requirement shall be approved by the County Housing Aaency prior to tinal
subdivision approval;
[d-] O. restrictive covenants in the deeds of all residential zoned lots shall prohibit the
construction of (o"°~~~~°] a second dwelling unit and condominium
property regimes on each lot This restriction may be removed by amendment of this
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ordinance by the County Council. The owner of the property may also, in addition,
impose private covenants restricting the number of dwelling A copy of the
proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Department for review and approval prior to the issuance
of final subdivision approval [`~'.',-n~:,-ess~;,a„s~~;~„~pr~e-rtaLi~rt,a t"s
,... a'«',... ., ti'~w H..,....o« .. :.w .~.o ,.......,....i ,.r.wo oi......:..,. no......«...,.,... ,.ti~ii w,.
w...'..,a «,..~.o oi,,.,..•~,. n,...,......~..« ....:,... «,. r...,.i ,.wa:.:.:,....__..,,. ,i.] A copy of
~a-h~eserded] the recorded covenant shall be filed with the Planning
Department ~.. •.w•.. ,...e .._ r..,.w..i.,. ,,,..,. ,.er...,.i ,..~ ...:.:. :.... .. ,.~] upon its
receipt from the t3ureau of Conveyances;
P. there shall be no construction of single-family dwellings and related improvements
other substantial buildintis, or subdivision roads within areas designated "AE", "AH"
or "shaded" Zone "X" b~he Flood Insurance Rate Maps (FIRM) 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. No
residential lots may be created which lack a buildable area. 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 Conve a~nces.
[}~]Q, should any infrastructure improvements related to Kawailani/Komohana intersection
be required of future developers, the applicants, successors or assigns of this project
shall work with the Planning Department to pay for their pro rata share of
improvements. The pro rata share determination and its implementation shall be
approved by the Planning Department in consultation with the Department of Public
Works or any County agency havingjurisdiction over any future infrastructure
improvements;
[~] R. the applicant, successors or assigns shall be responsible for paying any additional real
property taxes owed as a result of withdrawing the property from dedicated
agricultural use to residential use prior to the sale of any lot;
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[{~1-]S. f..l I ,.~1...« ......I',...l.le L.... . .lo.. ... I,a'.. ...~ . o..~~ ..L.,.II Lo .. ..I'e,J
~ith~ the applicant shall comply with all applicable Countv. State and Federal laws.
rules, regulations and requirements;
[P,~:] T. should the council adopt a Unified Impact Fees ordinance setting Corth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein
may, at the applicants' election, be satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance;
[a] U. an annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the amendment to the [~~]
ordinance. The report shall ja~ess] include, but not be limited to, the status of the
development and the extent to which [^~~~,.,P :a n~~ v.a :] the conditions of approval
are being satisfied. This condition shall remain in effect until all of the conditions of
approval have been complied with and the Planning Director acknowledges that
further reports are not required; and
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[Further, should] Should any of the conditions not be met or substantially complied
with in a timely fashion, the Planning Director [skrall] may initiate rezoning of the
area to its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and material to be added is underscored.
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.
Hilo ,Hawaii
Date of Introduction: June 15, 2005
Date oflstReading: June 15, 2005
Date of 2nd Reading: July 7, 2005
Effective Date: July 13, 2005
RfFcRE~JCE: Comm. 241.1
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AMENDMENT TO THE ZONIN G COD E
AMENDING SECTION 25-114 (C1T~J' OF HILO ZONE MAP
Al'~T1CLE °J, CHApTCi~ Z5 (ZONING CO17E~ OF THE
HAt~JAII COUNTY CODfr Rte' CHANGING THE t71STRtGT
CLA551F1CATION FROM AGr?ICUt_.TIIRAL. (A-~a~ TO
SINGLE FAMILY tQCSIC7ENTtAI- (RS-to) AT WAIA-
KEA, 5oL1TH HILO, HAWAt!_
pREPAREf~ C~7' = PLANNING [~BI°ARTMEN-7-
coUNTY oP NA!^1A11
TMTG '~-4-G3 = '~1 ((°OT~TICN~ OCT. ~I, 19aJ1
F X H I B IT 'lol, ruiuwai, u~~ 11ormeny Kawauani tstates rar[nersnip~
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Pete Hoffmann/K. Angel Pilago
June 15, 2005
June 15, 2005
June 26, 2006
Second Reading: July 7, 2005
To Mayor: July 8, 2005
Returned: July 14 2005
Effective: _July 13, 2005
Published: July 20, 2005
REMARKS:
ROLL, G"A'LG VOTE
AYES NOES ABS EX
Arakaki X
Higa X
Hoffmann X
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
-
Higa X
Hoffmann X
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
1 DO HEREBYCERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGA YfY:
/' COUNCIL CHAIRMAN
DE UTY CORPORATION COUNSEL ~~~~~ ~ ~ ~C//
COUNTY pF HAWAI'I
_- "" COUNTY CLERK
Date %%=~"`~ ~ ~ , ,>,o~' `~
r 92 (Draft 2)
Bill No.:
F~
~~d~IDisapproved this 13 day
oft J0/a^.~ / , 20 OS
ACTINGMAYOR, COUNTY OFHAWALY
Reference:
C-241.1/PC-2
Ord No.: ~-"~~ 11u
Ordinance Numbers OS-110 and OS-111
I hereby certify that the following Ordinances passed second and final reading at the
meeting of the County Council on July 7, 2005, by vote, as listed below:
Ordinance OS-110 (Bill 92, Draft 2): An Ordinance Amending Ordinance No. 92 7,
Which Reclassified Lands from Agricultural (A-3a) to Single Family Residential (RS-10)
at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key 2-4-3:Por. 21. AYES:
Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik,
and Chairman Higa - 9; NOES: None; ABSENT & EXCUSED: None.
Ordinance OS-111 (Bill 109): An Ordinance Amending Chapter 11 of the Hawaii
County Code 1983 (1995 Edition), as Amended, Relating to Affordable Housing by
Amending Sections 11-3(3), 11-4(a)(2), 11-15(e), and Section 11-5(c). AYES: Council
Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago, Safarik, and
Chairman Higa - 9; NOES: None; ABSENT & EXCUSED: None. /'~
Constance R K-~iriu
County Clerk
(Hawai'iTrfbune-Herald - July 20, 2005)
(West Hawaii Today -July 20, 2005)
Hawaii County is an Equal Opportunity Provider and Employer
Note: The Original AffidaviUDigest is attached to Ordinance No. OS-110