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Home My WebLink AboutBIL 305 Draft 01 2004-2006 ~1V Oi M4 ~L~ COUNTY OF HAWAII STATE OF HAWAII O~ M~ BILL NO. sos ORDINANCE NO. 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 SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO MULTIPLE FAMILY RESIDENTIAL - 2,500 SQUARE FEET (RM-2.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-36:102 & 103. 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 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following azea situated at Waiakea, South Hilo, Hawaii, shall be Multiple Family Residential (RM-2.5): Beginning at the southeast Corner of this pazcel of land, and on the west side of Laukapu Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 3,143.00 feet South and 10,081.00 feet East and running by azimuths measured clockwise from True South: 1. 90° 00' 225.00 feet along Lot 12 (Grant 9506 to Joseph P. Martinez); 2. 180° 00' 300.00 feet along Lots 9B (Grant 9440 to Mrs. Nettie Duarte), 7 (Grant 9840 to Mary Low or Heirs) and 5 (Grant 8629 to Adolph Gonellas); 3. 270° 00' 225.00 feet along Lots 4B & 4A (Grant 9170 to William Kohili); -1- 4. 0° 00' 300.00 feet along the west side of Laukapu Street to the point of beginning and containing an area of 67,500 squaze feet. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made 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 ]and 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(s), its 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 Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. C. Construction shall be completed within five (5) yeazs from the effective date of 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 Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved -2- driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans to mitigate any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Deparhnent's Rule No. 17 (Landscaping Requirements). D. The height of the structures shall not exceed 35 feet. E. Off-street parking shall be provided, calculated at two (2) parking spaces per unit. F. A five-foot future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. G. Access to the property from Laukapu Street shall meet with the approval of the Department of Public Works. H. All driveway connections to Laukapu Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. I. Provide full improvements to the entire frontage of Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting with the approval of the Department of Public Works. The improvements shall be located within afive-foot road widening strip along the Laukapu Street frontage and be dedicated to the County of Hawaii prior to issuance of a Certificate of Occupancy. J. The project shall connect to the County sewer system. -3- K. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. L. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Deparhnent of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. M. 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. N. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. O. 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 (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. P. 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. -4- Q. 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 Administrator of the Office of Housing and Community Development prior to final plan approval for any new residential structures. R. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the properties 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 receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. 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 shall have a maximum combined value of $6,411.25 per multiple family residential unit ($9,991.20 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. $3,162.49 per multiple family residential unit ($4,817.93 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $99.95 per multiple family residential unit ($232.42 per single family residential unit) to the County to support police facilities; -5- 3. $307.46 per multiple family residential unit ($459.06 per single family residential unit) to the County to support fire facilities; 4. $137.04 per multiple family residential unit ($200.98 per single family residential unit) to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit ($4,280.82 per single family residential unit) to the 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. S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. T. 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 tot which the conditions of approval have been 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 aze not required. -6- U. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 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 should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission 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 azea to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ' f COUNCIL ME R, COUNTY OF H A Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: KtfERENCE: Cortillq 953 -.::a -g- RS 40 ~ RS 10 N RSdO RS-10 MCX-20 _ SINGLE FAMILY RESI EN IAL•10,00 SQ. FT. (RS•10) TO e i Rs-po •FAMIL o ID • ,5 0 Q. FT RM•2.5 y 67,500 Q. FT. ti R -1o ML-2o RS-10 RS 10 RS f0 ' LEILANI ST RS 10 RS-0p RS- 0 RS 10 R 10 ML-20 RS-10 ,~i # c z - ~ c 4! eC N y ti RS f0 R -10 ML-20 i Ir ~T ~p F ,.,--.lv... ~ - R -10 MCX-20 3,143.00 S t008t.00E "NALAI".: RS-10 ML-10 MCX-20 i RS-10 R 0 RS 10 R f0 R -10 E LANIKAULA ST RS-10 S f0 ~ R . 0 ML-10 - ~ ML-20 RS-10 MCX-20 ML-10 R f0 ML66-f0 230 115 0 230 460 690 920 1 1Feet 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 SINGLE-FAMILY RESIDENTIAL-10,000 SO. FT. (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL-2,500 SQ. FT. (RM-2.5) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-036:102 & 103 Date: June 20, 200 EXHIBIT "A" (Ivan Mochida:1197)