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Home My WebLink AboutORD 2006-156 2004-2006 YY O~ M ~L~~ ~ ~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 3az (Draft 2) ORDINANCE NO. 06 156 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 FROMSINGLE FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10) TO MULTIPLE FAMILY RESIDENTIAL- 1,000 SQUARE FEET (RM-1) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-26:24. 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 area situated at Waiakea, South Hilo, Hawaii, shall be Multiple Family Residential- 1,000 square feet (RM-1): Beginning at a pipe at the North corner of this ?ot, the East corner of Lot 7, Block 203, and on the West side of Kinoole Street the coordinates of said point of beginning referred to Government Survey Trig. Station "HALAL" being 4640.23 feet South and 7291.56 feet East, as shown on Government Survey Registered Map No. 2705, and running by true azimuths: 1. 328° 10' 90.0 feet along West side of Kinoole Street; 2. 58° 10' 242.00 feet along Lot 5; 3. 148° 10' 90.0 feet along railroad right-of--way (30 feet wide); 4. 238° 10' 242.0 feet along Lot 7 to the point of beginning. Area 21,780 square feet, more or less. -1- All as shown on the map attached hereto, marked 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 may be 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 from 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 its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the meter on the project site, prior to the issuance of a -2- Certificate of Occupancy. The installation and assembly of the backflow preventer shall be inspected and approved by the Department of Water Supply. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors, or assigns shall secure Final Plan Approval from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code within one (1) year from the effective date ofthis ordinance. Plans shall identify all existing and/or proposed structures, paved 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 Department's Rule No. 17 (Landscaping Requirements). E. For a period of twenty (20) years, project uses shall be limited to rental housing. F. All driveway connections to Kinoole Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. G. The applicant shall construct full improvements to the entire property frontage along Kinoole Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk and any required relocation of utilities, meeting -3- with the approval of the Department of Public Works, prior to issuance of a Certificate of Occupancy. H. If required, drainage study shall be prepared and submitted to the Department of Public Works for review and approval, prior to submittal of plans for Plan Approval review. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. The project shall connect to the County sewer system. J. Street lights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. K. 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. L. Should the County Council adopt a Unified Impact Fees Ordinance setting forth -4- criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fecs Ordinance. M. To ensure that the Goals and Policies of the Housing Element of the General Plan arc 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. N. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become duc 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 de~~eloped. 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 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 (HCPI). The fair share contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit ($10,368.57 per single -5- 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: • $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; • $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; • $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; • $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; and • $2,806.46 per multiple family residential unit ($4,442.50 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 -6- County Council. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be 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 may be extended for up to one additional year). -7- 5. If the applicant should require an additional extension of time, the Planning Director 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 declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED B ~ G~, COUNCIL ME R, COUNTY O AWAI`I Hilo , IIawai`i Date of Introduction: November 15, 2006 Date oflstReading: November 15, 2006 Date of 2nd Reading: November 29, 2006 Effective Date: December 7, 2006 IIEFERLI~CE: Comm: 1097..1 -g- C6S0 _ f0 R !0 d0 RS-10 RS•f0 RS f0 - CG10 W 14Na(H1~A s7 W uNncnUU sT RS<10 E RA~1 RALi RM-1 RS-f0 RN-4 ;i R f0 t~~~ , CN-20 "'a4~sT' J -RS•1~ RS•10 ~N RS-f0 - I~ ~ ~I ~ ti I w f 1~-- ~ ~ RS•10 RS• 0 RM•1 s o~oRns1 SINGLE-FAMILY Rs)m Rs1o RESIDEN U1L-10,000 SD. FT (RS•10) Rs-!o T MULTIPLE-FAMIL RESIDE! TIAL•1000 SQ. FT RM•t 7,26 .56E 21,780 S4 FT. RIF1 Rµ1 RS10 RS-f0 ~ ~ OPEN N J- RM-1 g Y ~ RS•10 R 10 RS•10 - ~ CN-f0 CN•20 ~ RM•1.5 e iuwiu sr w knvnu sT _ RS fO RS•f0 Rµ1 RS-10 RS-10 i RS-10 RS•f0 5p~ 300 150 0 300 _ 600 900 1.200 1' Fee( 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 SQ. FT. (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL-1,000 SQ. FT. (RM-1) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-026:024 DaM: July 13, 20 EXHIBIT "A" (Dr. Allan Takase:1205) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: K. Angel Pilago ;RA LL VOTE Datelntroduced: November 15, 2006 AYESu N ES BSS EX First Reading: November 15, 2006 Arakaki X Published: November 26, 2006 Higa X'~"'~~•' : Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 Second Reading: November 29, 2006 To Mayor: December 1, 2006 ROLL CALL VOTE Resumed: December 7, 2006 AYES NOES ABS EX Effective: December 7, 2006 Arakaki X Published: December 22. 2006 Higa X Hoffmann X REMARKS.' Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: ~ ~ COUNCIL CHAIRMANn DEPUTY COR ORA ON COUNSEL I f COUNTY OF HAWAII ( I`` COUNTY CLERK Date ~2~1'4l 342 (Draft 2) Bill No.: 1'I'u d Reference: C-1097.1/PC-122 pprov Disapproved this ay o~ J7acerwbai 2~ 6 OrdNo.: 06 7.56 YO TY OF HAWAI `I