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Home My WebLink AboutBIL 391 Draft 01 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 391 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-] 0) TO MULTIPLE FAMILY RESIDENTIAL - 1,500 SQUARE FEET (RM-1.5) AT WAIAKEA, SOUTH H1L0, HAWAII, COVERED BY TAX MAP KEY 2-4-001:116. 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 - 1,500 square feet (RM-1.5): Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 5,285.13 feet South and 7,371.84 feet East and running by azimuths measured clockwise from True South: 328° 10' 580.80 feet along Parcel 1 of County approved subdivision # 3857; 2. 58° 10' 300.00 feet along Parcel 1 of County approved subdivision # 3857; 3. 148° 10' 580.80 feet along Parcel 1 of County approved subdivision # 3857; 4. 238° 10' 300.00 feet along the southeast side of Kawili Street to the point of beginning and containing an area of 4.00 acres. 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. 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 professional engineer, licensed in the State of Hawaii, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date ofthis ordinance. C. Construction of the proposed development shall be completed within five (5) years from the effective date ofthis 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 -2- and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. 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). The applicant shall comply with landscaping requirements for RM zoning. D. Prior to Final Plan Approval the applicant shall meet with representatives of Waiakea High School to determine an adequate physical barrier. If agreement cannot be reached, the Planning Director shall determine the barrier The physical ban•ier shall be installed prior to issuance of a Certificate of Occupancy. E. All driveway connections to Kawili Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. F. The applicant shall provide (ingress and egress) access improvements within Kawili Street as required by the Department of Public Works, which may include, but not be limited to, turning lanes or vehicle refuge areas. G. The applicant shall provide full improvements to the entire frontage along Kawili 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. H. The applicant shall also install street lights and traffic controls as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. -3- I. A Solid Waste Management Plan shal] be submitted to the Department of Environmental Management for review and approval prior to Final Plan Approval. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. K. A drainage study shall be prepared 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. L. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. M. During construction the applicant shall comply with the Department of Health's regulations for noise, dust and storm water runoff. N. The applicant shall complete and submit to the Department of Environmental Management a wastewater flow contribution report for the proposed development within 180 days from the effective date of this ordinance. Should the sewer system on Kawili Street require upgrading due to development of the property, the applicant shall bear the cost of the upgrade. O. The applicant shall install sewer lines within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, prior to the issuance of a Certificate of Occupancy. -4- P. 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 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 $7,383.36 per multiple family residential unit ($11,506.13 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: $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the County to support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit) to the County to support fire facilities; 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and -5- 5. $3,114.36 per multiple family residential unit ($4,929.90 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. Q. 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 towazds the requirements of the Unified Impact Fees Ordinance. R. 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 or prior to issuance of building permits if the site is developed with single-family dwellings. S. 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 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. -6- T. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. U. 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 to what extent the conditions of approval are being complied with. 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 are not required. V. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 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). -7- 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. 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED COUNCIL MEM$ER, COUNTY OF HAX~AI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENG6 Camt. 1551 -8- RMd R -f0 RS- A ELE WAY St R 10 ~~ ~~ CN-20 -f0 S-f0 'H - RS-f0 OPEN S~ ~` oe~ N o~ r cx-z Jgt ~ ~ E RS-f0 by RM-1 Q7 RMd ~`~ -f0 RM-1.5 r RS- RMd CN-20 CN-1 i .~ ~ / o CN-f0 RM4 i 5,185.17 '~.` 7,371.84E "NAW" St ~ ~~ RS-f0 ~ f0 RS-f0 RM-0 ,~ ~G F9 9L F RS-f0 SINGLE-FAMILY RESIDENTIAL S 1 10,000 SQUARE FEET (RS-10) TOMULTIPLE-FAMILY RESIDENTIAL 1,500 SQUARE FEET (RM•1.5) 4.00 ACRES 1 R0.3.75 RS-f0 0 335 670 1,340 2,010 2,680 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 10,000 SQUARE FEET (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL 1,500 SQUARE FEET (RM-1.5) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY.~ MK: 2-0-001:116 COUNTYOFHAWAIl, Pl11NN/NG DEPARTMEM DATE: Ju 28200 EXHIBIT ..A~~ (Honpa Hongwanji Hilo Betsuin:1250)