HomeMy WebLinkAboutBIL 006 Draft 01 2020-2022COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 6
AN ORDINANCE AMENDING ORDINANCE NO. 10 32 WHICH RECLASSIFIED LANDS
BY CHANGING THE DISTRICT CLASSIFICATION FOR SINGLE-FAMILY
RESIDENTIAL —1,000 SQUARE FEET (RS -7.5) AND MULTIPLE -FAMILY RESIDENTIAL
—1,000 SQUARE FEET (RM -1) TO MULTIPLE -FAMILY RESIDENTIAL — 1,500 SQUARE
FEET (RM -1.5) AT KL.JKUAU 1sT, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-4-025:048,053 AND 080.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 10 32 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2005
Ems)] (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 service demands created by the
proposed use.
A. The applicant(s), its successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
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B. Prior to the issuance of a water commitment by the Department of Water Supply
("DWS"), the applicant shall submit the anticipated maximum daily water usage
calculations [ ,4 a water- commitment deposit
Water- Supply within one- hundfed a -ad eighty da�,s ffom the eff�etive date of gii-s
or-dinanee.] as prepared by professional engineer licensed in the State of Hawaii to the
DWS. A water commitment deposit shall be paid to the DWS within 180 days from the
effective date of this ordinance in accordance with Rule 5 of the Department of Water
Supply's Rules and Regulations. 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 full.
C. 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.
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[£.] D. Construction of the proposed developmentishall be completed within five (5) years from
the effective date of this amended 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.
The applicant shall develop parking spaces associated with the proposed development in
accordance with the required parking spaces pursuant to Sections 25-4-51 and 25-4-52,
Chapter 25 (Zoning Code), Hawaii County Code. In addition, the applicant shall develop
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additional parking spaces up to a maximum of 60% of the required spaces for the total
residential units to be built within the proposed development. Should the property be
developed as an affordable rental housing_ project as represented by the applicant, this
additional parking requirement shall be 1.5 parking spaces per multiple family residential
unit developed. 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.
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[G-.] E. The applicant shall subdivide and dedicate to the County a ten (10) -foot wide future road
widening strip along the entire Kapi`olani Street frontage of Parcel 53, [prior to F;,,.,1
Subdivision pr-oval
for- the lot ,.o ,soba., o deseribed i Condition D] within twelve
(12) months from the effective date of this amended ordinance.
[H-. ] F. Access at Kapi`olani Street shall be limited to right -turn in and right -turn out movements
only.
[1--] G. All driveway connections to Kukuau Street and Kapi`olani Street shall conform to
Chapter 22, County Streets, of the Hawai `i County Code.
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Department ""DfD„rG' blicc Works, shall installed by the
[K—. ] H. 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 and submitted to the
Department of Public Works prior to the issuance of Final Plan Approval. Any drainage
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improvements, if required, shall be constructed, meeting the approval of the Department
of Public Works prior to the issuance of a Certificate of Occupancy.
[L—.] I. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawaii County Code.
[M -d J. The project shall connect to the existing County sewer line prior to the issuance of a
Certificate of Occupancy. [If] As required by the Director of the Department of
Environmental Management ("DEM"), the applicant shall conduct a sewer study in
accordance with the then applicable wastewater system design standards prior to approval
to connect to the County sewer system. The [A]applicant shall provide such sewer line or
other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
[N-. ] K. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Plan Approval.
[0] L. [ > man shell
eoneentrations or- human burials, be- eneounter-ed, work in the inifnediate area shall ee
(DLNR SHPD) shall be immediately notified. Subsequent. work shall proeeed upon an
archaeological eleafanee from DLNR SHPD when it finds that suffieient mitigative
measures
have been +.,k ] 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 demolition and/or construction work, 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. Subsequent work shall
proceed upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken.
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[P-. ] M. Should the property be developed as an affordable rental housing_ project as represented
by the applicant, no fair share contribution shall be required. Should the project not be
developed as an affordable rental housing_ project as represented b t�applicant, [T]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 or Final Subdivision Approval. The fair share contribution
for each lot or unit 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
annually beginning three years after the effective date of this ordinance, based on the
percentage change in the Honolulu Consumer Price Index (HOPI). The fair share
contribution shall have a combined value of $[4]9,645.17 per multiple family
residential unit ($[1,996.63115,030.92 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
unit) shall be allocated as follows:
1. $[397936]4,757.69 per multiple family residential unit ($[5,784.9917,248.17 per
single family residential unit) to the County to support park and recreational
improvements and facilities;
2. $[120.011150.37 per multiple family residential unit ($[279.071349.65 per single
family residential unit) to the County to support police facilities;
3. $[369]462.54 per multiple family residential unit ($[01690.61 per single
family residential unit) to the County to support fire facilities;
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4. $[164:54]206.16 per multiple family residential unit ($[241.32 302.36 per single
family residential unit) to the County to support solid waste facilities; and
5. $[3,'��2]4,068.41 per multiple family residential unit ($[5,149616,440.12 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. This condition shall
not apply to any housing units constructed within the subject properties to meet the
affordable housing requirement in Chapter 11 (Housing), Section 11-4(b), Hawaii
County Code, and so certified by the County Office of Housing and Community
Development, excluding any units constructed for excess housing credits.
[�] 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. Compliance with
Chapter 11 shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Plan Approval and/or Final
Subdivision Approval.
[R--] O. Should the property be developed as an affordable rental housing project as represented
by the applicant, the Unified Impact Fees Ordinance, if adopted shall not be required.
Should the Project not be developed as an affordable rental housing project as
represented by the applicant and [9]should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition of exactions or the assessment of
0
impact fees, conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
[S] P. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
[T-. ] Q An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of [the] this amended 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.
[U-.] R. [An initial extension of time for the per-fofmanee of eonditionswithin the or-dinanee may
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erigina4ly gfarrCGRfer- pGff Tanee :i.e. n ee clition tCV a per ed
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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 Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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.
'Hawai'i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 18
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF H WAI`I
in
reel
0 200 400 800 1,200 1,600 ;
AMEN'DMENT 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 - 71500
SQUARE FEET (RS -7.5) AND MULTIPLE -FAMILY RESIDENTIAL - 1,000 SQUARE FEET (RM -1)'
TO MULTIPLE -FAMILY RESIDENTIAL - 1,500 SQUARE FEET (RM -1.5)
AT KUKUAU 1ST, SOUTH HILO, HAWAII
FOR REFERENCE ONLY MAP PREPARED BY:
UNTY OF HAWAII, PLANNING DEPARTMENT
TMK: 2-4-025:48. 53, and 80
•, 1
DATE: July 31, 2009
)aolo "Paul' Boschetti