HomeMy WebLinkAboutORD 2021-062 2020-2022 J�YYOS..
•
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 58
ORDINANCE NO. 21 62
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
SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10) TO GENERAL
COMMERCIAL -7,500 SQUARE FEET (CG-7.5) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY: 2-2-024:022.
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 Hawai`i
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,
Hawai`i, shall be General Commercial—7,500 square feet (CG-7.5):
Beginning at a railroad spike found at the north corner of this parcel of land, being
a point on the southeast line of Lono Street, the coordinates of said Point of Beginning
referred to Government Survey Triangulation Station, "HALAI" being 3,241.46 feet
south and 6,393.73 feet east and running by azimuths measured clockwise from True
South:
1. Along Lot 8-A as shown on the
public works subdivision approved
Oct. 5, 1971 by HCPD as SUB
#3038h, on a curve to the right
having a radius of 20 ft., the direct
chord azimuth and distance being:
283° 10' 00" 28.28 ft. to a spike found, thence:
-1-
2. 328° 10' 00" 62.70 ft. along Kino`ole Street, 60 ft. wide,
to a nail found at the north corner of
Lot 7, thence;
3. 58° 10' 00" 237.00 ft. along Lot 7, Grant 9278 to Mrs.
Eugina I. Lau to a 1/2"pipe found at
the east side of abandoned railroad
right-of-way, thence;
4. 148° 10' 00" 2.42 ft. along abandoned railroad right-of-
way to a 1/2"pipe found, thence;
5. along same on a curve to the right
having a radius of 395.28 ft., the
direct chord azimuth and distance
being;
154° 01' 30" 80.70 ft. to a 1/2"pipe found, thence;
6. 238° 10' 00" 208.76 ft. along Lono Street to the Point of
Beginning and enclosing an area of
19.295 sq. ft., 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, Hawai`i 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 service demands created by the
proposed use.
-2-
A
A. The applicant(s), its successor(s) or assign(s) shall be responsible for complying with all
of the stated conditions of approval.
B. Plan approval shall be required prior to establishment of a new land use permitted within
the CG zoning district, or any addition to an existing structure or development according
to Section 25-2-71(a) of the Zoning Code. A drainage study shall be prepared by
professional civil engineer licensed in the State of Hawai`i 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 receipt of a Certificate of
Occupancy for the new use.
C. Prior to the establishment of a new land use permitted in the CG zoning district, the
applicants shall submit anticipated maximum daily water usage calculations, as prepared
by a professional engineer licensed in the State of Hawai`i to the DWS. A water
commitment deposit shall be paid to the Department of Water Supply in accordance with
Rule 5 of the Department of Water Supply's Rules and Regulations. The applicants are
responsible for maintaining valid water commitments until such time that required water
facilities charges are paid in full.
D. The applicants shall install a reduced pressure type backflow prevention assembly within
five(5) feet of the existing water meter and any additional water meters on private
property, which must be inspected and approved by the Department of Water Supply.
E. All development generated runoff shall be disposed of on site and not be directed toward
any adjacent properties.
F. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawai`i County Code.
-3-
G. Prior to the establishment of a new land use permitted in the CG zoning district, or any
addition to an existing structure or development,the applicants, successors, or assigns
shall provide improvements to the subject property's entire Kino`ole Street frontage
consisting of a"full width"concrete sidewalk of 10-foot width or as wide as the present
property line and paved right of way will allow, and meeting with the requirements of the
Americans with Disabilities Act and the approval of the Department of Public Works.
H. Construction within the County right-of-way shall comply with Hawai`i County Code,
Chapter 22, County Streets.
I. Should the applicants, successors, or assigns develop a land use which the Planning
Department, in consultation with the Department of Public Works, determines will
generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be
submitted for review and approval by the Department of Public Works prior to Final Plan
Approval. The applicants shall implement, when required by the Department of Public
Works, at no cost to the County, any transportation system improvements to Lono Street
and Kino`ole Street that may be deemed necessary by the Department of Public Works.
J. The property shall connect to the public sewer in accordance with Section 21-5 of the
Hawai`i County Code within 180 days of the effective date of this ordinance. If required
by the Director of the Department of Environmental Management, the applicants shall
conduct a sewer study prior to connection to the County sewer system. The applicants
shall provide sewer line or other facility improvements as the Director of Environmental
Management may reasonably require, which the sewer study may indicate are advisable
for mitigation of impacts of the proposed project.
K. In the 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, the applicants shall cease work in the immediate
-4-
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.
L. 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 Plan Approval or Final Subdivision Approval, whichever is
applicable, and shall be based on the actual number of additional residential units or lots
created. 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$9,662.28 per multiple family residential unit
or lot ($15,057.57 per single family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation and
payment provisions set forth in this condition. The fair share contribution per multiple
family residential unit or lot (single family residential unit or lot) shall be allocated as
follows:
1. $4,766.13 per multiple family residential unit or lot($7,261.03 per single
family residential unit or lot) to the County to support park and
recreational improvements and facilities;
2. $150.63 per multiple family residential unit or lot($350.27 per single
family residential unit or lot)to the County to support police facilities;
3. $463.37 per multiple family residential unit or lot ($691.83 per single
family residential unit or lot)to the County to support fire facilities;
-5-
4. $206.52 per multiple family residential unit or lot ($302.89 per single
family residential unit or lot)to the County to support solid waste
facilities; and
5. $4,075.63 per multiple family residential unit or lot ($6,451.55 per single
family residential unit or lot) to the County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the applicants 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.
M. 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.
N. The applicants, their successors and/or assigns shall comply with all applicable
County, State and Federal codes, laws, rules, regulations and requirements for the
proposed development, including but not limited to the Fire Department,
Department of Public Works, Department of Water Supply and Department of
Health.
O. 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.
-6-
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.
uponapproval.
4. This ordinance shall take effect its
INTRODUCED BY:
T/
COUNCIL MEMBER, COUNTY OF AWAI`I
Hilo , Hawai`i
Date of Introduction: August 18, 2021
Date of 1st Reading: August 18, 2021
Date of 2nd Reading: September 8, 2021
Effective Date: September 22, 2021
REFERENCE Comm. 332
-7-
�/ /
RS-10 \
CG-20
'--10 5-10 RD-3. CG
CG-20
N ,„:6- RS-10
��P�P ' 0
s-10 10 RD 75
RD-3.75
R5-10
,- CG-20
pip CG-7.5
CG-20
RS-10 'D-3.75
R5-10
c CG-"'
CN-10 3,241.46'S
6,39373'E
SINGLE FAMILY RESIDENTIAL-7150,000 SQUARE FEET RS-10 TO "HAL I"
GENERAL COMMERCIAL- 00 SQUARE FEET(CG-7.5I) "HAl_AI CG-11 0•0•0 4•10
19,295 SQUARE FEET
CG-20
RS
140
R5-10 CG-20
0 R5-10
R5-10 1,Nc(,
10°
40#.5),,\2, CG-20
\)\'1
R5 0 R5-10 S
PC.4 RM-4
# 'A<92 R5-10
-10
R5-10 CN-20 •
R5-10
. ._1
Feet
0 300 600 900 1,200
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
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO
GENERAL COMMERCIAL - 7,500 SQUARE FEET (CG-7.5)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TM K:(3)2-2-024:022 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:April 4,2021
EXHIBIT "A" Wagner/Iboshi
Map: 1421
OFFICE OF THE COUNTY CLERK COUNTY CLERK
County of Hawai`i COUNTY OF HAWAU;
Hilo, Hawai`i
Intl SEP 22 PM 3= '15
Introduced By: Ashley Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: August 18, 2021 AYES NOES ABS EX
First Reading: August 18, 2021 Chung X
Published: September 3 , 2021 David X
Inaba X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: September 8, 2021 6 0 3 0
To Mayor: September 17, 2021
Returned: September 22, 2021 ROLL CALL VOTE
Effective: September 22, 2021
Published: October 8, 2021 AYES NOES ABS EX
Chung X
REMARKS: David X
Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
AVO
CO UN AIRPERSON
.prov• I isapproved this day
of SQ 'J , 20 Z( CO LERK
Bill No.: 58
MAYOR, COUNTY OFHAWAI`I C-332/PC-27
Reference:
Ord No.: 2162