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Home My WebLink AboutORD 2005-154 2004-2006 COUNTY OF HAWAII STATE OF IIAWAI`.~ BILL NO. Isa ORllINf~NC;L emu. ~~S 1.54 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE), OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO MULTIPLE FAMILY RESIDENTIAL (RM-10) AT KALALAU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-8:PORTION OF 22. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Fdition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalalau, South Hilo, Hawaii, shall be Multiple Family Residential (RM-l0): Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 5,643.93 feet North and 1,016.71 feet East thence running by azimuth measured clockwise from true South: 1. 265° 00' 46.89 feet along the remainder of Lot B; 2. 355° 00' 30" 33.16 feet along Wainaku Street; 3. Thence along same on a curve to the left with a radius of 134.02 feet, the chord azimuth and distance being: 318° 35' 15" 159.14 feet; 4. 282° 10' 41.00 feet along Wainaku Street; Thence along the middle of Pukihae Stream for the next two (2) courses, the direct azimuths and distances being: -1- 5. 88° 53' 231.77 feet; 6. 107° 44' 30" 40.57 feet; 7. 206° 50' 167.09 feet along Lot 22, Kalalau Fann Lot Subdivision to the point of beginning and containing an area of 0.55 Acre, More or Lcss. 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 1983 (2005 Edition), 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 from the effective date of this ordinance. -2- C. Construction of the proposed development shall be completed within five (5) years from the effective date this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed devclopment. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. All driveway connections to Wainaku Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. E. A drainage study shall be prepared by a licensed civil engineer and submitted to the Deparhnent of Public Works prior to issuance of a construction permit. The recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. F. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. G. The applicant shall install a backflow preventer by a licensed contractor on the applicant's private property j ust after the meter, meeting with the approval of the Department of Water Supply. -3- H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. L Should any remains of historic sites, such as rock walls, Cerraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resource - State Historic Preservation Division (DLNR-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. J. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. K. 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. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final plan approval. M. An initial extension of time for the performance of conditions within the permit maybe granted by the Planning Director upon the following circumstances: -4- l . The uon-performance is the result of conditions that could not have been foreseen or arc 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 should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. N. Should any of the conditions not be met or substantially complied with in a timely fashion, the 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. -5- SECTION 4. This ordinance sha11 take effect upon its approval. ED B COUN L EMB TY OF HAW I`I INT UCE COUNCIL M d ER, COUNTY OF H AI`I Hilo , Hawaii Date of Introduction: November 9, 2005 Date of 1st Reading: November 9, 2005 Date of 2nd Reading: November 22, 2005 Effective Date: December 2, 2005 R1:FcIi~ri:: CDntuO: 4,w,,, 6,~5 RSdp A-20a RS-10 A-20a 5~ ~ 2c~~J A`a`d, !V ~ 0 R$-f0 RS-f0 9 RS-f0 RS-10 A-10a RS=13 5,643.93N - RS-is 1,016.71 E "HALAI".~~- - - RM-10 ~ R5~15 ~d/~4/d0/IP/ ~RSi15 A A-10a RM-t ~iS ~S RM-1 % A-1oa MULTIPLE-Ff]MILY ~ Rg-15 R5-1s RESIDEN,TIPiI`1RM•1) v,7s ~ 70 MU4TYI'LE-FAMILY RM-t _ RESIDEYJTIAL RM-10Y i Oj5 ACRE _ . Meuila 5t RM-1 ~ _ v- 7s A-20a ~ _ RM-1 RM t i m ' ~ V-.75 `D AJa RM-1 ~ n Lehud Sti ' OPEN V-:75 m S V-.75 A-20a Kanoa Sf ~ a AmauU/4 Rd OPEN ~lllalll st ~R A-10a RM•i ~i' RM-1 V-.I5 V-.75 RM-1 asa 2ts o aso aea +.z~o t ~zo ~ u~o F,,,., AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE-FAMILY RESIDENTIAL (RM-1) TO MULTIPLE-FAMILY RESIDENTIAL (RM-10) AT KALALAU, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-6-008:POR. 022 Date September 16, 200 EXHIBfT "A" t~or+Arurva ~eaiRO~i~o> OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Pete xoffmann/K. Angel Pilaqo ROLL CAL$'y VOTE i Date Introduced: November 9, 2005 AYES NOES ABS EX First Reading: November 9, 2005 Arakaki X Published: N/A Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X B 0 1 0 Second Reading: November 22, 2005 To Mayor: November 23, 2005 ROLL CALL VOTE Returned: December 2, 2005 AYES NOES ABS EX Effective: December 2, 2005 Arakaki X Published: December 9, 2005 Fliga X Hoffmann X REMARKS: Holschuh X 'i - i Ikeda X _ _ Isbell X Jacobson X _ _ Pilago X Safarik X 9 0 0 0 I DO HEREBYCERTIFYIhat the.foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN CO~OOF HAWAI I10 COUNSEL C~c~~E~~P~ t-~~~ COUNTY CLERK Date NOV 3 0 2005 158 Bill No.: C-465/PC-38 Reference: prove "Disapproved this a day - - ord No.: ~5 154 I ~,w.hw , 20 o S . f MAYOR, C' TY OF HAWA17