HomeMy WebLinkAboutBIL 140 Draft 01 2004-2006 COLTN O~ ~TA`I`E OF W1~I`~
FILL NO. 140
O~DIN~.NCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAF),
ARTICLE 8, CHAPTER 2~ (ZONPNG CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLI~SSIFIC.'3TION FROM ,SINGLE FAMILY RESII~ENTIAL
(RS-15) TO SINGLE FAMILY RESIDENTIAL (I'vS-10) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY T'AX MAID KEY 2-4-9:26.
BE IT ORDAINED BY THE COUNCIL, OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, AY-ticle 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 southeast comer of this parcel of land, being also the northeast
corner of Lot 25, the coordinates of said point of beginning referred to Government
Sur,%ey Triangiilation Station "HALAI", being 9,103:72 feet South and 8,997.53 feet East,
thence i-unninn by azimuths measured clockwise frorr true South:
1. 85° 40' 220.00 feet along Lot 25;
2. 175° Q~0' 231.77 feet along Maikai Street;
3. 310° 11' 311.34 feet along Grant 12,089 to Matsushige
and Masako Janado;
4. 355° 40' 13.49 feet along Grant 8211 to John Labeler to
the point of beginning and containing
an area of 27,224 Square Feet.
All as shown on the snap attached hereto, marked Exhibit "A" and by reference
made a part hereof.
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SECTION 2. In accordance with Section 25-2-44; I-Iawai`i County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
heahls, 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 shah. be responsible for complying with all
of the stated conditions of approval.
13. Prior to the issuance of a jvater commitment by the Department of tiVater Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recomme~~ded by a registered engineer, and a water commitment deposit in
accord~.nce with the "~~Vater Commitment Guidelines Policy" to the Department of
mater Supply withix3 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. All driveway connections to 1Vlaikai Street shall conform to Chapter 22, Streets
and Sidewalks, of the I~advaii County Codc.
E. Install street lights, signs and markings, meeting with the approval of the
Department of Public ~~Iork Traffic Division.
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F. Restrictive covenants in the deeds of all the proposed lots shall give notice that
the tez-ms of the zoning ordinance prohibit the construction of a second dwelling
unit anal condominium property regimes on each lot. This restriction maybe
removed by °€mendment of phis ordinance by the County Council. The oumers of
the property ~nay also itnposc private covenants restricting the number of
dwell;ngs. A copy of the proposed covenant(s) to be recorded with the State of
Hawaii Bur~:au of Conveyances shall be submitted to the Planning-Director for
revie~r and «pppoval prior to the issuance of Final Subdivision Approval. A copy
of the recorded document-shall be filed with-.the Planning Department upon its
recei}~t from the Bureau of Conveyances.
G. All development generated runoff shall be disposed of on site and not be directed
toward any adacent properties. A drainage study shall be prepared and submitted
to the Department of Public `vVorks concurrently with the submission of
prelin.inary subdivision plates. Any drainage improvements shall be constructed,
meeting with she approval. of the Department. of Public Works.
H. The nzcthod cif sewage disposal shall meet with the requirements of the State
Depat-ttnent of Health.
I. 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 I-Iistoric Preservation Division (DLNR-~IPD) shall be immediately notified.
Subsequent «<ork shall prcceed upon an archaeological clearance from DLNR-
I-IPD .,Then it finds that suf~cicnt mitigation measures have been taken.
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J. Should tr_e 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.
K. The applicant shall make its fair share contribution to mitigate the potential
regior::al impacts of file project with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to final subdivision approval of any portion of the subject
property. Tha fair share contribution shall apply to the additional lot. The fair
share contribution in a fort. of cash, land, facilities or any combination thereof
shall by determined by the County Council. `1'he fair share contribution maybe
adjusted anr_•u:dly beginning three years afi#er the effective date of this ordinance,
based oix the percentage change in the Honolulu Consumer Price Index {HCI'I).
The fair share contribution for the additional lot shall have a maximum combined
value of $9,99I,20 per single-family residential unit. The fair share contribution
per sinalc-family residential unit shall be allocated as follows:
1. ~4,$17.~?i per single-family residential unit for an indicated total of
~~,~l~.g~ to the County to support park-:and recreational improvements
and facilities;
2. $232.42 per single-family residential unit for an indicated total of $232.42
to the County to support police facilities;
3. $45.06 per single-family residential unit for an indicated total of X459.06
to the County to support ire facilities;
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$213.98 per single-family residential unit for an indicated total of $20€1.9&
to ~hc County to support solid waste facilities;
5. $4~2~11.82 per single-family residential unit for an indicated total of
$45.2813.82 to the State or County to support road and traffic improvements;
In lieu of paying the fair share contribution, the applicant may contribute land
and/or constrict improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed de.rt~lopment, subject to the review and recommendation of the Planning
Director, upon consultation. with the appropriate agencies and approval of the
County Council.
L. Comply with a.ll applicable County, State and Federal laws, rules and regulations.
and requireme~~€ts.
M. 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 1im32cd to, the status of the development and the extent to which. the conditions
of approval hav,; 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.
N. An initial extension of time for jhe performance of conditions within the
ordinance maybe grated by the Planning Director upon the following
circumstances:
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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 honing Code.
3. Granting of the time extension would not be contrary to the original
reasons for the gr~ nting of the change of zone.
4. The tune extension granted shall be for a period not to exceed the period
origit~:ally granted -for performance (i_4., a condition to be performed within
one year maybe extended for up to one additional year).
5. if the ~.pplicant(s) should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Pl~.nning Director may initiate rezoning of the area to its original or
more appropriate designation.
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SECTION This ordinance shall take effect upon its approval.
INTI20DUC~~ ~Y:
COUNC NfE1Vt~EI~, O T 4I-I
COUNCIL IOfE I~, COUNTY OI' . ~AI`I
I-Iawai`i
Date; of Introduction:
Date of 1st heading:
Date of 2nd Reading:
Effective Date:
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-eet
~MENl~ING ~CTi01~ ~~~3-33 (CITY O~ f"EILO ZOIV IVIA~}
/-~RT{CL..E CF~A~TE~ 25 (~OIVI€~G COC~~} O~ T~lE {~~-AWAIT COUNTY CO®~,
SY CI°I;~~GING TNT DISTRICT CLA~SIFICATIOIV
~~OM SlNGl~~A~AIV~I~,Y R~~iC~TIAL (RS-15)
TO SI~GL~-FAI`I~.Y RESfDE~AL (RS-10)
AT WAIA&tE,~, SOUT~I I•-iELO, HAWAII
PREPARED ~Y: PLANNBNO DEPARTMENT
COUNTY OP I-~AWAIf
MK: 2-4-009:020 Date: ~`1a 2~•, 200
°°,~°1 (Craig K. & April t.. Nakagatroa:11S5)