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Home My WebLink AboutBIL 140 Draft 02 2004-2006 BILL NO. i~o (Draft 2) OIZDIN~~NCE 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 CfIANGIrIG THE I3IST~ICT CL,~SSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS--15) TO SINGLE FAMII,,Y RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX Il~IAk' KEY 2-4-9:26. BE IT ORDAINED BY THE COUTTCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amen3ed 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): €3eginning at the southeast corner of this parcel of land, being also the northeast comer of Lot 2S, the caordinates of said point of beginning referred to Government Survey Triar:gulation Station "HALAI", being 9,103.72 feet South and 8,997.53 feet East, thence running by azi:r~uths ?neasured clockwise frarn true South: 1. 85° 40' 220.00 feet along Lot 25; 2. 175° 40' 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 Gabeler to the point of beginning and containing an area of 27,224 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -1- 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 (S) years from the effective date of this ordinance. D. All driveway connections to Maikai Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. E. install street lights, signs and markings, meeting with the approval of the Department of Public Works Traffic Division. -2- F. 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. G. All development generated runoff shall be disposed of on site and not be directed toward 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 Department of Public Works. H. The method of sewage disposal shall meet with the requirements of the State Department 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-£istoric 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. -3- J. 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 towards the requirements of the Unified Impact Fees Ordinance. K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the 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. The fair share contribution shall apply to the additional lot. 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 for the additional lot shall have a maximum combined value of $9,991.20 per single-family residential. unit. The fair share contribution per single-family residential unit shall be allocated as follows: 1. $4,817.93 per single-family residential unit for an indicated total of $4,817.93 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. $459.Q5 per single-family residential unit for an indicated total of $459.06 to the County to support fire facilities; -4- 4. $20€1.98 per single-family residential unit for an indicated total of $200.98 to the County to support solid waste facilities; 5. $4,280.82 per single-family residential unit for an indicated total of $4,280.82 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 construct improvementslfacilities 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. L. Comply with all applicable County, State and Federal laws, rules and regulations. and requirements. 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 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. N. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: -5- 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). 5. If the applicant(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 Planning Director may initiate rezoning of the area to its original or more appropriate designation. -6- 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. INTRODU ED BY: COUNC MEMBER C TY OF HAWAII COUNCIL ~ ER, COUNTY O ~ HAWAI`I Hawai `i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 14&1~181r~ i`_yw~,4`.,; (_.Ti'ii'47`41i ~1/ anv..;;..:z.:.~w:,w.~ ~ . ._r . i _ Ii ~ _ ,_.q t'C375 R17-.f.i3( ,~u:f.i5 II RS-10 R5-10 ~ T RS-10 I RS`f0 rs-~.~-.~.. ~ RS 10 R~15 _ _ - E Pual~a0cca St RS 1 R 15 R5-15 ~ CN-?D ~ i ~ ~ RS-10 RS-10 ~J ~ ~ - ~ W I i~ o _ 'P~ ~ II CN 10 ~ f r;, - f-. I Z i ~ - - 1 S ~i I RS-10 _ I~~ - L 1~-- - - ~ . L w`_ ~ 115 f { ~ Rv-lU ~ R5-10 ~ ; ~ SIt~~~.~•EA~II@_Y ~I RS-1s i~~~ t,~~ ~s-~o, y \ i-- RS-10 T, ~ _ ~ ~ CN-10 RS 15 ~ ~ 5 ~ ~ RS-13 9,103.72 S ~ - I K,-1s ~ Rs• o Rs-1o RS-15 l RS-10 CN-10 0 RS-15 U IL RS-10 RS 10 lea-15 CN-i0 CN-10 CN-10 9438® a?9 St ~ ~ RS-10 RS-15 RS-10 RS-10 - 0 RS 5-10 380 194 0 $0 760 1-:140 1 520 1 9Q0 -reef ~fN£~I~ SECTION 2J-~°3~ (CITY Oi*' I~f1~.0 ~ON~ 11/IAP) ARTICLE 8, C~iAP`EI~ ~ (~ONINO CODE) OE Tf~ I~0-~V1/Ali COUNTY CODE, SY C~NCi1G Ti-~E DISTRICT CL~S~ila4CATiON 1=1~01's,~ SII~~~'LE--I~AiVI€~.`r" ~ZESlD~NTI~L (RS-15) TO SINCd.,~-~~NiILY ~~SIQ~NTiAL (RS-10) 6~T ~.11r~i~`~I~KE,~,, SOUTi~ i°°I4L0, F-i~,W6~li P~EP,4RE® BY: PLANNING ®EPJ~I~TIVIENT COUNTY OP HAV1/All MK: 2-4-009:026 Date: May 25, 200 (Craig K. & April H. rlakaga~ra:1165)