The URL can be used to link to this page

Home My WebLink AboutCOM 0856.003 2006-2008 K. Angel Pilago Phone No.: (808) 327-3642 Council Vice Chair Fax No.: (808) 3294786 Council Member, District8 E-Mail: kapilago@co.hawaii.hims HAWAII COUNTY COUNCIL County of Hawaii Kailua Trade Center 75-5706Hanama Place, Suite 109 Kailua-Kona, Hawaii 96740 DATE: February 19, 2008 TO: Pete Hoffmann, Council Chair and Members of the Hawaii County Council FROM: K. Angel Pilago Council Member RE: Proposed Amendment to Bill 89, Daft 2 (Relating to 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 2-4-14:42. Applicant: Okutau, LLC New Owner: Laura Chock Attached is a proposed amendment to Bill 89, Draft 2 that reflects recommendations suggested by the planning director and outlined in Communication No. 856.1. The proposed amendments are: 1. Condition C is amended back to its original wording set forth in Bill 89, and shall read as follows: "C. Access for the proposed vacant lot shall be limited to [a pint driveway PUaifialE6 Street, and shall fneet with the appreval ef the State DepaftfHent ef T-ranspeneAieR] Kanoelani Street and meet with the approval of the department of public works. All driveway connections to county roads shall conform to chapter 22, Streets and Sidewalks, of the Hawaii County Code." 2. A new Condition D shall be inserted and shall read as follows: "D. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a Comm. No. 8srs•3 Ref. TcnF1*saGG Ref, date _ F_E8 2 0 2 g - Hawai `i County Is An Equal Opportunity Provider And Employer Pete Hoffmann, Chair And Members of the Hawaii County Council February 19, 2008 Page 2 of 2 second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(ssto be recorded with the State 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 receipt from the Bureau of Conveyances." 3. Original paragraphs "D" through "I" shall be renumbered as paragraphs "E" through "J". 4. Non-substantive grammatical changes to add an okina to the word Hawaii, throughout. A draft of Bill 89, Draft 2, with these proposed amendments incorporated is attached. Only substantive amendments have been bolded for illustrative purposes. Renumbering and added okina have not been bolded in the attached draft. KAP/mpd Att. 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 2-4-14:42. 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 an iron found at the southeast comer of this parcel of land, also being the northeast comer of Lot 28, the coordinates of this point of beginning referred to Government Survey Triangulation Station "HALAI" being 8,335.73 feet South and 5,986.88 feet East and thence running by azimuths measured clockwise from true South: 1. 85° 40' 00" 222.00 feet along Lot 28 to a spike found on the right-of-way of Kanoelani Drive; 2. 175° 40' 00" 120.00 feet along the right-of-way of Kanoelani Drive to a pipe set at the right-of-way of Puainako Street, 3. 265° 40' 00" 222.00 feet along the right-of-way of Puainako Street to a drill hole in a wall; 4. 355° 40' 00" 120.00 feet along Lot 513-B to the point of beginning and containing an area of 26,640 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this ordinance. C. Access for the proposed vacant lot shall be limited to Kanoelani Street and meet with the approval of the department of public works. All driveway connections to county roads shall conform to chapter 22, Streets and Sidewalks, of the Hawaii County Code. D. Restrictive covenants in the deeds of all proposed lots within the property 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 may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State 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 receipt from the Bureau of Conveyances. E. The applicant shall provide a 5-foot future road widening strip along Kanoelani Street. In addition, the applicant shall also provide a minimum 30 feet radii future road widening setback along Kanoelani Street meeting with the approval of the Department of Public Works. F. The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for approval of the proposed development within the subject property. G. The applicant shall make its fair-share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, 2 police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7,876.20 per single-family residential unit. Based upon the applicant's representation of intent to develop up to one (1) residential unit, the indicated total of fair share contribution is $7,876.20 for single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition F. The fair share contribution shall be allocated as follows: 1. $3,798.04 per single-family residential unit for an indicated total of $3,798.04 to the County to support park and recreational improvements and facilities; 2. $183.22 per single-family residential unit for an indicated total of $183.22 to the County to support police facilities; 3. $361.88 per single-family residential unit for an indicated total of $361.88 to the County to support fire facilities; 4. $158.43 per single-family residential unit for an indicated total of $158.43 to the County to support solid waste facilities; and 5. $3,374.63 per single-family residential unit for an indicated total of $3,374.63 to the State or County to support road and traffic 3 improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute 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 approval of the director. For purposes of administering Condition F, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the-fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements. H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 1. 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. 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. 4 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). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. J. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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. SECTION 4. This ordinance shall take effect upon its approval. 5