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Home My WebLink AboutORD 1993-029 1992-1994COUNTY OF HAWAII STATE OF HAWAII BILL NO. 36 (Draft 2) ORDINANCE NO. 93 29 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO MULTIPLE FAMILY RESIDENTIAL (RM-1.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-26:1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 24-114, Article 3, 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 Multiple Family Residential (RM-1.5): Beginning at the east corner of this parcel of land and on the west side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 4697.69 feet South and 7956.03 feet East, thence running by azimuths measured clockwise from True South: 1. 328° 10' 90.95 feet along the west side of Kilauea Avenue; 2. Thence along the west side of the intersection of Kilauea Avenue and Kawili Street, on a curve to the right, with a radius of 30.00 feet, the chord azimuth and distance being: 13° 10' 42.43 feet; 3. 58° 10' 144.50 feet along the north side of Kawili Street; 4. 148° 10' 120.95 feet along the remainder of Grant 8402 to Joe Moniz; 5. 238° 10' 179.50 feet along the remainder of Grant 8402 to Joe Moniz to the point of beginning and containing an Area of 20,913 Square Feet. 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, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the chance of zone: ([B]C) the applicant shall comply with the County's Interim Affordable Housing Policy requirements if any, for the development of its low income housing for the elderly and the disabled, meeting with the approval of the Office of Housing and Community Development; ([ClD) Final Plan Approval for the proposed development shall be secured from the Planning Department within one year from the effective date of the Change of Zone. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five (45Z days prior to the date by which plan approval must be secured. Plans shall identify all structures, -2- landscaping, interior driveway circulation, fire protection measures, and paved parking stalls associated with the proposed development; ([D]E) construction of the proposed development shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter; ([E]F) access to the subject property shall be restricted to Kawili Street and shall meet with the approval of the Department of Public works. The Kawili Street frontage of the property shall be improved with curb, gutter and sidewalk improvements, in accordance with the requirements of the Department of Public Works prior to the issuance of a certificate of occupancy. Preliminary plans for these improvements shall be submitted simultaneously with development plans for Plan Approval review; ([F]G) should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; ([G]H) comply with all other applicable laws, rules, regulations and requirements; ([H]I) should the Council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or [setting forth criteria for the imposition of exactions or ]the -3- assessment of impact fees, conditions included herein [may shall be credited towardsf, at the applicant's election, be satisfied by performance in accordance with] the requirements of the Unified Impact Fees Ordinance; ([I]J) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the Change of Zone. 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 and the Planning Director acknowledges that further reports are not required; and, ([J]K) 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 the 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); -4- and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of the 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 BY: COUN IL MEMBER, COUNTY O •AWAII Hilo, Hawaii Date of Introduction: March 24, 1993 Date of 1st Reading: March 24, 1993 Date of 2nd Reading: April 7, 1993 Effective Date: April 21, 1993 APPROVED AS TO FORM AND LEGALITY: ~~~:"JY CORP TION COUNSEL DATED: ~~'~~~ i ~ -~~-a' -5- 89-10 R le f Ot_ONA STREET o e F z R9 to II HiLO NU R9 ERY qND ARaoRaTUM r -- J~C ~ O q~ /~ ~ ~ pl h: - Z o - ~ Q f' o W ~ -- ~ na S1N@LE FAMILY ' e ~.. ~~ R>aS1bENTtAL (PZS-10) R l N s ( ~ IQM i R SiC NTfAL CN-le ,qR1=A = ~0,97°J 561-PT. r UN1YBR>~ITy KAWiLi S+4-~ ~.~ I'~"~ STREET R? ~e.ve R9 10 RS le R9 10 RJ 10 ~ ~1, M 1~~ 1 /fJ J .. ~ .. RM-4 .. O RO IO ~ J _ Y Y R9 fo Rs to Q Z '- ~ LCINAL-A DR7VE R9 to R9 l0 R~ to AMENDMENT TO THE ZONING CODE AMENDING 58CTION ~5-114 (C1'T'Y OF 1'-IILO ZONE MAPS ARTICLE 3, GHAPTEIQ 25 (zON1N6 CODE) OP THE tiAWAlI COUNT7' CODE B`/ CI-lANG1NG THE D1S'T'1QICT CLAS8IPICATiON PROM SI NGLE PAM1L.y RESIPEN- T1Af- (RS-t0) TO MULTIPLE FAMil..7' RESIDENTIAL (RM-t-5) AT WAfA1'~EA, SOUTH Ht~.o, HAwAft- pREPARBfl H7' PL.ANN IN® pEPARTM>=NT COUNTY Ola 1"'1AWAl1 TMK ~-~-~6=t bEG. ~9, 19J~ RS-lo RB to R' le ~1C97 G9 3 79'JC.09 ~ "HALAi " A Rs-le ?74 SO GN-fie 14B't0' 17.0.9.6 R3- 10 EXHIBIT 1'M" (CttAR LES M- KONG1