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Home My WebLink AboutORD 2008-065 2006-2008COUNTY OF HAWAII ORDINANCE NO. 08 STATE OF HAWAII 65 BILL NO. 2s5 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 - 15,000 SQUARE FEET (RS-15) TO SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-010:031. 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 Single Family Residential - 10,000 square feet (RS-10): Beginning at a pipe at the southwest comer of this lot and on the east boundary of Waiakea Homestead, Lot 612-B, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai"being 11294.20 feet South and 7707.28 feet East, and running by azimuths measured clockwise from true South: 175° 40' 100.00 feet along the east boundary of Waiakea Homestead, Lot 612-B, to a pipe; 2. 265° 40' 222.00 feet along Lot 7 to a pipe; 3. 355° 40' 100.00 feet along the west side of a 40-foot road to a pipe; -1- 4. 85° 40' 222.00 feet along Lot 5 to the point of beginning; and containing an area of 22,200 square feet. 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 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. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty days from 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 Kehaulani Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. -2- E. 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. F. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required by the Department of Public Works, a drainage study shall be prepazed by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. G. 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 H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate azea 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- I. The applicants 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 due and payable prior to receipt of Final Subdivision 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 shaze 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 combined value of $10,976.69 per single family residential unit. The total amount shall be detenmined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: $5,293.15 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $255.34 per single family residential unit) to the County to support police facilities; 3. $504.33 per single family residential unit) to the County to support fire facilities; 4. $220.80 per single family residential unit) to the County to support solid waste facilities; and -4- $4,703.06 per single family residential unit) to the County to support road and traffic improvements In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to pazks 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. 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 applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. 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 applicants, successors or assigns, and that aze 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. -5- 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 applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. M. 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. 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. SECTION 4. This ordinance shall take effect upon its approval. IN7TR~ODUCED B COUNCIL ME ER, COUNTY HAWAII Kona , Hawaii Date of Introduction: April 9, 2008 Date of 1st Reading: April 9 , 2008 Date of 2nd Reading: April 22, 2008 Effective Date: May 8 , 20 0 8 REFEREtiCE: Comm. 1042 -6- ~ R$-15 RS-15 R$-15 ~ R$-15 N R fs KOLEPA PL SI GLE-F MILY ESIDENTIAL m RS-15 15 000 SQ RE RESIDENTIAL 5 10 000 SQ ARE FE R R -10 22,20 SQU RE FEET 3 x `- RS-15 a ti RS 15 RS-15 11,294.205 28 E 7 707 RS-15 , . n N C RS 15 z RS•15 R -15 RS-15 s W KA WAILANI ST H ~ R -15 R 15 RS 15 RS 15 C a m a ti _ n m Y H RS-15 R 13 R 15 RS-15 RS-15 0 215 430 Bfi0 1,290 1,720 Feet 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 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY• MK: 2A-010:031 COUNTYOF HAWAII PLANNING DEPARTMENT DATE: October 17 200 EXHIBIT "A'• (Arnold H. Hara & Lillian K. Murakamr.1240) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii IntroducvJ L~~: K. Angel Pilago Datclnn"oduccd: Ap_ril_9, 2008 First Reudin~z: _Apri]_9 2008 Published: April 18, 2008 REM.d Rti:S` SccondRcud in~: _ April 22, 2008 To Ma~~or: Apr il 30, 2008 Returned: May 9, 2008 Effective: May 8, 2008 Published May 15, 2008 HP;.19:IHtiS 1 _~"J f ~ L. _ ~. L ALL O AYES ~ "NOES A"BS EX Ford g'1 ;wi ~.,". :',.I~ Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X S 0 1 0 l DO IIl:KE13 i" ('F_RTIFY shat the foregoing BILL was adopted by the County Council published as indiru~eJ above. ~/ APPROVED AS TO (~-/~,/1 FORMA LEGALITY: COUNGL CHAI AN DEPUTY C PORATION COUNS L COUNTY O HAWAII MAY 0 ? 2008 Date ppror ~1 Urs~~ppru~~~d (his-- ~~ „~ _ __ M ao 0~6 -- duy ~r~i~(.vV -C~•"~ COUNTY_ LERk Bill No.: Reference: Ord No.: 255 C-1042/PC-77 08 65