HomeMy WebLinkAboutBIL 090 Draft 01 2018-2020 It OF.4.4
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 90
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—THREE ACRES (A-3 a) TO SINGLE FAMILY RESIDENTIAL— 10,000
SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY: 2-4-080:013.
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 (2016 Edition, as amended) 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 the northwest corner of this parcel of land,being the southeast
corner of Lot 66, Ahualani Subdivision, Unit 1, File Plan 1453, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALM"being
14,145.374 feet South and 257.67 East and running by azimuths measured clockwise
from True South:
1. 265° 40' 303.70 feet along Lot 23, Mailani Street and
Lot 22 of Ahualani Subdivision, Unit
1, File Plan 1453;
2. 355° 40' 911.90 feet along Lots 75, 64, 63, 56, 55, 48,
47 and 40 of Hoomalu Street
Subdivision;
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3. 85° 40' 400.55 feet along Lots I-B and 2-13;
4. Thence along Lot 4-13, along a curve to the right with a radius of 30.00 feet, the
chord azimuth and distance being:
130° 40' 42.43 feet;
5. 175° 40' 408.86 feet along Lot 4-13;
6. 265° 40' 126.85 feet along Lot 4-13;
7. 175° 40' 473.04 feet along Lots 4-13, 3-13, 3-A, 2 and
1 to the point of beginning and
containing an area of 7.631 acres,
more or less.
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, Hawaii County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be 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 sei vice demands created by the
proposed use.
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A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant, their successors or assigns shall comply with all applicable County,
State, and Federal Laws, codes, rules, regulations, and requirements.
C. The applicant is responsible for maintaining valid water commitments to support
the proposed use until such time that required water facilities charges are paid in
frill.
D. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
E. Prior to issuance of Final Subdivision Approval, the applicant shall construct
necessary water improvements, which shall include but not be limited to: 1) water
mains capable of providing water at adequate pressure under peak-flow and fire-
flow conditions; minimum diameter of which shall be six (6) inches; 2) service
laterals that will accommodate a 5/8-inch meter to front each lot; 3) fire hydrants
spaced no more than 600-feet apart. On dead-end streets, the last fire hydrant shall
be located at one-half(1/2) the distance from the last house, or unit, fronting the
property or driveway or access to the property; and 4) subject to other agencies
requirements to construct improvements within the road right-of-way fronting the
property affected by the proposed development, the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system
facilities, should they be necessary.
F. The applicant shall provide improvements to the proposed Mailani Street
extension consisting of,but not limited to, pavement widening with concrete curb,
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gutter and sidewalk, drainage improvements and any required utility relocation,
meeting the requirements of the Americans with Disabilities Act and the approval
of the Department of Public Works. The proposed Mailani Street extension shall
match with the existing Mailani Street which includes 50-feet of right-of-way
width.
G. Mailani Street Extension shall be built to County dedicable standards, including
the provision of concrete curbs, gutters, and sidewalks, and dedicated to the
County upon Final Subdivision Approval.
H. Construction within the County right-of-way shall conform to Chapter 22, County
Streets, of the Hawaii County Code.
I. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. 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 the construction of any proposed structures on the property.
J. The applicant shall comply with the Department of Health's Hawaii
Administrative Rules (HAR) Chapter 11-55, rules regarding Water Pollution
Control, which requires an NPDES permit for certain construction activities.
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f,
K. All earthwork and grading activity shall confoi7n to the Hawaii County Code
Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control.
L. Restrictive covenants in the deeds of all the proposed lots shall give notice that
the tenns of the zoning ordinance prohibit the construction of a second dwelling
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unit and condominium property regimes on each lot. This restriction may be
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.
M. In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, structural remains (e.g. rock walls, terraces,platforms,
etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes
are identified during the development and/or constriction work, the applicant will
cease work in the immediate vicinity of the find,protect the find from additional
disturbance, and contact the State Historic Preservation Division at (808) 933-
7651.
N. A septic system, meeting with the approval of the Department of Health, shall be
completed by each respective landowner in conjunction with the construction of a
dwelling prior to the issuance of the Certificate of Occupancy.
O. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development 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 newly created 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 may be adjusted almually beginning three years after
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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$14,696.92 per single family residential unit. The total amount
shall be detennined 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:
1. $7,087.11 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $341.89 per single family residential unit to the County to support police
facilities;
3. $675.26 per single family residential unit to the County to support fire
facilities;
4. $295.64 per single family residential unit to the County to support solid
waste facilities; and
5. $6,297.02 per single family residential unit to the County to support road
and traffic improvements. lk
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.
c
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P. 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 Subdivision Approval.
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 towards the requirements of the Unified Impact Fees
Ordinance.
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-perfolinance 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 may be extended for up to one additional year).
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5. If the applicant(s) 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. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF AWAI`I
Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
366
REFERENCE Comm.
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AMENDMENT TO THE ZONING CODE,
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -THREE ACRES (A-3a) TO
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-4-080:013 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:March 11,2019
EXHIBIT "A" Umemoto
Mar): 1408