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Home My WebLink AboutBIL 009 Draft 02 1998-2000 ~"~:~`4 . COUNTY OF HAWAZ ~ ;STATE OF HAWAII o ova BILL NO. 9 (Draft 2) ORDINANCE NO. 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 2-4-11:87. 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 azea situated at Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS-10): Beginning at the North west comer of this lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 13361.30 feet South and 6873.14 feet East, thence running by azimuths measured clockwise from true South: 1. 265° 40' 232.00 feet along Lot 32; 2. 355° 40' 93.88 feet along a 40 foot roadway; 3. 85° 40' 232.00 feet along Lot 36; 4. 175° 40' 93.88 feet along Lot 713-B to the point of beginning, and containing an azea of 21,780 square feet. All as shown on the map attached hereto, mazked 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. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this ordinance. C. Should any remains of historic sites such as rock walls, terraces, platforms, or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. D. Should an improvement district or similar arrangement be initiated in the future for curb, gutter, sidewalk, drainage and related improvements to Naniakea Street, the property owner(s) shall participate automatically in such an arrangement. Written assurance for implementation of this condition, in the form of a deed covenant, shall be submitted to the Planning Director prior to Final Subdivision Approval. The applicant shall make its fair share contribution to mitigat~Rotential regional impacts of the subj~,t DCOjrct with respect to roads. parks and recreation- fire. police and solid waste disposal facilities. The amount of Lhe fair share rontribution shall be the sum which is the product of multipjyinQ the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot. and shall become due and pgvable prior to final subdivision approval for amp portion of the subject prop~y or its increments. If the subi~ct -2- prope~y is subdivided in [wo or more increments he amo nt of th fair hare contribution due and payable prior to final subdivision approval of each increment shall be a cum calculated in the same ma ner according to the number of proposed residential lots in each such increment. The fair char ontrib ~tion in a form of cash. land. facilities or anv combination thereof acceptable to Lhe director in consultation with the affected agencies. shall be determined by the o ~nty Council. The fair share contribution shall have a maximum combin d value of $7.239.16 p r cingl -f mi y residential unit. Based u on n the applicant's representation of intent to develop one (11 residential unit. the indicated total of fair share contribution is $7.239.16 for the single-family residential unit However Lhe 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 E. The fair share contribution shall be allocated as follows: j, x},490.85 per singl -fami y recid ntial snit for an indi at d total of $3.490.85 to the County to support park and recreational improvements and facilities: Z_,. $168.40 per single-famijy residential unit for an indicated total of $168.40 to the County to support police facilities: 61 per sing -fami y residential unit for an indicated total of $332.61 to Lhe County to support fire facilities: 4, $14_ 5.62 pgr cingl -fami residential unit for an indicated total of $145.62 to Lhe County to ~pport solid waste facilities: and $3.101.68 per single-fami y residential unit for an indicated total of $3.101.68 to the State or County to support road and traffic imnrovements. The fair share contributions described above shall be adjusted annually hr ig nning Lhree years after the effective date of the change of zone. based on Lhe -3- r n ge c_h_anee in [he Honolulu Consumer Price Index (HCPII In lieu of n~ying the fair share contribution. the applicant may construct and contribute improvements/facilities related to narks and recreation. fire. police. solid waste disposal facilities. and roads within the region impacted by th~~posed development. subject to the approval of the director. The cost of providing and co2tncting the improvements required in Condition D shall be credited against the sum Specified in Condition E (51 for road and traffic improvementc_. For pylposes of administering Condition F. the fair market value of land contributed or the cost of anv improvementc_ 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 sp ifi proved fair share and/or in lieu contributions. as allocated. and further implementation requirements [E) E. 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 requiremenu of the Unified Impact Fees Ordinance. [F) Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property including the Department of Public Works, Department of Health and Department of Water Supply. [G) g, An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following -4- 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; and 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). [H] j. 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED ~~,~Q _ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 25.01 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- [5 [5 If RS If ~ [f If m 5 I! x !s-If x £ ° ° ° ~ z [5-10 ~ r t m m O ° ° z i r ° m ti-If z S O O ° D H O m ~ < r u. O II ° m ut _ N Z ~ _ a m ti a dj a m m a m O w m y m m N N ~ y a m m ~ [f If [f I! t3 If [f If T A E E T [s If _ [S If I( • W P I • N I [S If [S If _ _ _ _ f~, pry _ !5 If i ~ I arallanl _ I RS If [S If t ~ r• $tallon x OI[N y c I ° 1 z z I ( o z i I Nllo : 1 $'I Ii SINGLE FAMILY m RESIDENTIAL (RS-15) al cs-IS TO m is If ti-If Rs If m Its o SINGLE FAMILY f to RESIDENTIAL (RS-10) I i is-If AREA 21,780 SQ.FT. a cs If : t 1 :°I Irt Munlclpal o Iz~ z ' I 13,.361.30 S c 6,873.14 E r Iw 1 • z j m l "HAIJI.I" Q .ml 1 1 1 i a ' 1 Golf [s I{ es I{ es If m ~ { O/CN 1 I 1 1 ` Course O/!N [S If t5 I{ ~1 I 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, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-4-11:87 OCTOBER 27, 1998 EXHIBIT "A" cw* s. nu.worol