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Home My WebLink AboutORD 2005-141 2004-2006 COUNTY OF HAWAII STATE OF HAWAII BILL NO. I4o (Draft 2) ORDINANCE NO. OS 141 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 SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-9:26. 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 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 Survey Triangulation Station "HALAI", being 9,103.72 feet South and 8,997.53 feet East, thence running by azimuths measured clockwise from 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 (5) 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, ten-aces, 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 cleazance 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 deterniined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). 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. $459.06 per single-family residential unit for an indicated total of $459.06 to the County to support fire facilities; -4- 4. $200.98 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 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. 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 Genera] 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. 1NTRODU ED BY: COUNC MEMBER C TY OF HAWAII COUNCIL ER, COUNTY O HAWAII Hilo ,Hawai`i Date of Introduction: September 21, 2005 Date oflstReading: September 21, 2005 Date of 2nd Reading: October 5, 2005 Effective Date: October 11, 2005 i.«%Rcy:E: Comm: 409.1 -7- -1 . q... _ T__ _ R' D~3.75 RD-3.15 1~~ J ~ ~ RS 10 RS 10 ~ ~ KS(10 ~ RS-f0 uaina o E puainako St R 15 ___,I RS-1 R -15 RS-15 ~ ~ ~ ~ RS 10 CN-f0 ~ 1~ I ~ I - L____ i - RS-10 1 I RS-f0 -...~J ~ ~ - - _ ~ CN~10 _ - _ W ~ ~ ~ ° _ _ 111 li ~ r RS- RS-f0 - 3 I - - {f ~ _ _ _ _ _i Z RS-15 + ~ I - ~ S~INGLq.FAMILY - - ~ ~ - - ~ RSi-1U }~Eg'Ip (R$~15 RS-tu ~ ~ ~ -i SINGL -FAMILY _ _ _ .J Rs-i5 I RE IDEN IAL RS-10 -I{ I -T-I RS-10 m ~ I __J vl -I-- CN-10 I__._- RS 15 m ;~sy . 5 0 o RS-f5 9,1OJ.72 S -,r°- - d -7.- = - - I RS-15 -„H LAIC RS- 0 Y RS-10 ~ I I JI_ - - ~I 8545 - - - RS-f0 _ CN-10 -~I I o RS-15 r..- _ 1 1 c~i - I RS-f0 - - ~ ~ - I~- RS f0 - - _ - L- -15 CN-10 CN-10 CN-10 T~ a ao ea St - I~ ~ Rs-fa t- RS-15 RS-f0 RS-f0 RS°L4 ~S _ ttt _ _ i 5-10~ 380 190 0 380 760 1140 1520 190 eet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRlC7 CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-15) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-4-009:026 Date: May 25, 200 EXHIBIT „An (Craig K & April H. Nakagawa:1165) OFFICE OF THE COUNTY CLERK County of Hawaii xilo, Hawaii (Draft 2) ~ r Introduced By: Pete Hoffmann & K. Angel Pilagc ROLL CALL VOTE Datelntroduced: September 21, 2005 AYES NOES ABS EX First Reading: September 21, 2005 Arakaki "X Published: October 2, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 Second Reading: October 5, 2005 To Mayor: October 6, 2005 ROLL CALL VOTE Returned: October 12 2005 AYES NOES ABS EX Effective: October 11 2005 Arakaki X Published: October 18, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X _ Pilago X Safarik X 7 0 2 0 / DO HEREBYCERTIFYthat the,foregoing BILL was adopted by the County Council published as indica[ed above. APPROVED AS TO FORM AND LEGALITY: ~ CO'(!J'/,,N~~CLL CHALRMAN DD Pl3~fY CORPORATION COUNSEL C/li~~~ COUNTY OF HAWAI' COUNTY CLERK Date G J 140 (Draft 2) Bill No.: C-409.1/PC-39 pproved/ isapprovedthis 11 ~ day Reference: Ord No.: V.S 141 a~. ~ , 20 OS ~ ~ . A OR~~ OFHAWAI`I