HomeMy WebLinkAboutBIL 229 Draft 01 2008-2010COUNTY OF HAWAII
BE IT ORDAINED BY F1-1E COUNCIL OF THE COUNTY OF HAWAII:
STATE OF HAWAII
BILL NO. 229
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CI IAPTER 25 (ZONING CODE) OF THE I IAWA!`i COUNTY CODE 1983
(2005 EDITION). BY CHANGING TI -IE DISTRICT CLASSIFICATION FROM SINGLE-
FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS -7.5) TO MULTIPLE- FAMILY
RESIDENTIAL 2,500 SQUARE FEET (RM -2.5) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY: 2 -4- 028:009.
SECTION L 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 WaiSkea, South I lilo,
Hawai`i, shall he Multiple- Family Residential 2,500 square feet (RM -2.5):
Beginning at the southeast corner of this parcel of land and along the northerly
boundary of Lot 39, Hualalai Subdivision and along the southwesterly side of Hualalai
Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALAI ", being 1,227.51 feet South and 3.637.22 feet East, thence
running by azimuths measured clockwise from true South:
I . 58 111' 433.93 feet along the remainders of L.P. 8063, L.C.
Aw 2663 to Kahuc and R.P. 6790, L.C. Aw.
2402 to Keaniho (Lots 39, 38, 37, 36, 35, 34
and 33, Hualalai Subdivision),
2.
148 10' 68.38 feet along the remainder of R.P. 6790, L.C.
Aw 2402 to Kcaniho (Lot 31, Hualalai
Subdivision);
3. 76' 08' 45" 303.03 feet along the remainder of R.P. 6790, L.C.
ANN-. 2402 to Kcaniho (Lots 30, 29 and 28,
Hualalai Subdivision);
4. 184' 30'
5. 277' 12'
324.02 feet along Lot 144, 143 and 142 of Land
Court Application 1205 (Map 51);
320.40 feet along Lots 9 -L -19 and 9 -L -15 of Land
Court Application 1 205 (Map 9) and Lot
169 of Land Court Application 1205 (Map
72):
6. 255' 46' 154.80 feet along Lot 169 of Land Court
Application 1205 (Map 72).
7. 243' 28' 33.33 feet along Lot 169 of Land Court
Application 1205 (Map 72);
8 328 10' 121.35 feet along the remainder of I,.P. 8063, L.C.
Aw. 2663 to Kahue (Lot I );
9. 238' 10' 120.00 feet along the remainder of L.P. 8063; 1..0
Aw. 2663 to Kahue (Lot 1);
10. 349' 02' 19.67 feet along Hualalai Street,
11. 348° 02' 33.62 feet along Hualalai Street to the point of
beginnwg and containing an area of 3.292
Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawat'i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may he adverse to the public health, safety
and welfare; or
(1) 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(s), its successors or assigns shall he 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 registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within one hundred and eighty (180) days from the effective date of
this ordinance.
C. Prior to the issuance of a Certificate of Occupancy, the applicant shall extend
approximately 260 lineal feet of 8 -inch waterline from the existing 8 -inch
waterline within Kapi`olani Road to the subject property.
D. The applicant shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the water meter on private property, which must be
inspected and approved by the Department of Water Supply prior to the issuance
of a Certificate of Occupancy.
E. Construction of the proposed development shall be completed within five (5)
years from the effective date of this 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
and /or proposed structures, paved driveway accesses and parking stalls associated
with the proposed development. Landscaping shall also he 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.
F. All driveway connections to I lualalai Street shall conform to Chapter 22. County
Streets, of the i-Iawaii County Code.
G. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be designed, purchased and installed by the
applicant. •
H. All development- generated runoff shall he disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to the issuance of Final Plan
Approval. Any drainage improvements, if required, shall be constructed, meeting
the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy.
I. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code.
.I. The applicant shall complete and submit to the Department of Environmental
Management a sewer study for the proposed development prior to Final Plan
Approval. Should the existing sewer system in Hualalai Street require upgrading
due to development of the property, the applicant shall bear the cost of the
upgrade. Additionally, the applicant shall install sewer lines within the
development to connect with the County's sewer system, meeting with the
-4-
approval of the Department of Environmental Management, prior to the issuance
of a Certificate of Occupancy.
K. A Solid Waste Management Plan shall he submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
L. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State I listoric Preservation Division (DLNR -SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR -SHPD when it finds that sufficient mitigative measures have been taken
M. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property Nv ith 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 he 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 may be 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
$7,698.11 per multiple family residential unit ($11,996.63 per single family
residential unit). The total amount shall he 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 unit) shall he allocated as follows:
1. $3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
3. $120.01 per multiple fammly residential unit ($279.07 per single family
residential unit) to the County to support police facilities;
$369.17 per multiple family residential unit ($551.20 per single family
residential unit) to the County to support fire facilities;
4. $164.54 per multiple family residential unit ($241.32 per single family
residential unit) to the County to support solid waste facilities: and
5. $3,247.12 per multiple family residential unit (S5,140.06 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, lire,
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.
N. 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 the Affordable Housing Policy.
-6-
O. 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 he credited towards the requirements ofthe Unified Impact
Fees Ordinance.
P. The applicant shall comply with all applicable County. State and Federal laws,
rules, regulations and requirements.
Q.
Compliance with Chapter I 1 shall he approved by the Administrator of the Office
of Housing and Community Development prior to receipt of Final Plan Approval
and /or Final Subdivision Approval.
An annual progress report shall he 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.
R. 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 Zoning Code.
-7-
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 tin a period not to exceed the period
originally granted for performance (i.e., a condition to he performed within
one year may he 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.
S. Should any of the conditions not he 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 ofthis ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SEC fION 4. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm.
756
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF 11AWA1'1
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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 - 7,500 SQUARE FEET (RS-7.5)
TO MULTIPLE-FAMILY RESIDENTIAL - 2,500 SQUARE FEET (RM-2.5)
AT WAIAKEA, SOUTH HILO, HAWAI'l
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
(3)2-4-028 000 DME Dec 22 2009
EXHIBIT "A"
Vincent T C Tai
Map 1286