HomeMy WebLinkAboutORD 2022-101 2020-2022 .;•'ZV OF y,
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COUNTY OF HAWAII * .'`►:,�`i
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BILL NO. 199
ORDINANCE NO., 22 101
AN ORDINANCE AMENDING ORDINANCE NO. 17 24 WHICH AMENDED ORDINANCE
NO. 12 111 WHICH AMENDED ORDINANCE NO. 99 116 WHICH AMENDED
ORDINANCE NO. 96 159 WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED) (formerly referred to as Section 25-114, City of Hilo
Zone Map, Article 3, Chapter 25, Zoning Code), BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-
10) TO NEIGHBORHOOD COMMERCIAL—7,500 SQUARE FEET (CN-7.5) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-044:031, 032,
035, AND 037.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 17 24 is amended as follows:
"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.
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A. The applicant, successors or assigns shall be 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
(DWS), the applicant(s) shall submit the 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 DWS
prior to the issuance of Final Plan Approval in accordance with Rule 5 of the
Department of Water Supply's Rules and Regulations. The applicant shall
construct all water system improvements as required by the Department of Water
Supply to meet needs of the proposed development, which may include, but not
be limited to additional service lateral(s), additional water meter(s), and reduced
pressure type backflow prevention assemblies.
C. Final Subdivision Approval of the proposed consolidation/resubdivision of the
subject property shall be secured within five(5) years from the effective date of
this amended ordinance. The subdivision plans shall delineate a 10-foot wide
road widening strip along the Kahaopea Street frontage.
D. In conjunction with the submittal of plans for subdivision review or plan approval
review, a master plan for the subject property shall be filed with the Planning
Director. Final Plan Approval for the subject property and related improvements
shall also be secured from the Planning Director. Plans to be submitted for final
subdivision approval or final plan approval shall also comply with the approved
master plan and all conditions of approval set forth in this ordinance. The purpose
of the master plan is to provide comprehensive principles and guidelines for the
commercial and residential development within the subject property in order to
assure that the development is compatible with the surrounding area. The master
plan shall include,but not be limited to, standards and guidelines relative to open
space, architecture building controls (appearance, siting, heights,building
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materials, signs, etc.), terrain, topography, off-street parking, landscaping,
setbacks from property lines and buildings, lot coverage ratio, etc. and
enforcement procedures. A Landscaping Plan, in accordance with Planning
Department's Rule 17 shall also be submitted to include landscaping along
property boundaries, for the purpose of mitigating any potential adverse noise and
visual impacts to adjoining parcels and the intersection. Multiple-family
residential structures shall be designed to be in keeping with the single family
residential character of the surrounding area.
E. If required by the Planning Director, an updated Traffic Impact Analysis Report
shall be submitted for review and approval by the Department of Public Works
and the Department of Transportation(DOT)prior to the submittal of plans for
subdivision review. Prior to the issuance of the certificate of occupancy for any
portion of the subject property, the applicant shall be responsible for constructing
and/or paying for its pro rata share of intersection improvements at the
intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic
mitigation measures required by the Traffic Impact Analysis Report for the
subject property meeting with the approval of the Department of Public Works
and Department of Transportation, should the proposed intersection
improvements not be commenced by the DOT.
F. A Solid Waste Management Plan for the subject property shall be submitted to the
Department of Environmental Management for review and approval prior to Final
Plan Approval.
G. If required by the Department of Public Works, the applicant shall construct any
necessary drainage improvements meeting with the approval of the Department of
Public Works and obtain a FEMA Letter of Map Revision(LOMR)prior to the
issuance of Final Subdivision Approval or a Certificate of Occupancy for any
development within the subject properties which is adjacent to or affected by such
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drainage improvements. This requirement can be satisfied by the applicant
entering into an agreement with the County providing assurance of satisfactory
and timely completion of required drainage improvements, and secured with a
surety bond pursuant to the requirements of the Hawaii County Code Chapter 23
(Subdivision). The surety bond shall not be released by the Planning Department,
in whole or in part,until a LOMR has been approved by FEMA.
H. Prior to securing final subdivision approval or the issuance of certificate of
occupancy for the subject property, whichever occurs first, the south side of
Kahaopea Street shall be improved and widened with the construction of curb,
gutter and sidewalk improvements (with pavement widening and transitions)
fronting the subject property between Kanoelehua Avenue and the access road to
the subject property meeting with the approval of the Department of Public Works
and shall be dedicated to the County upon its request. The applicant shall be
responsible for any utility relocation and the design, purchase, and installation of
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. For the area fronting the subject property between
the access road and the eastern boundary, these or other improvements may be
required by the Department of Public Works provided that no major drainage
structures, such as a bridge or culvert, are required by such improvements.
Accesses to the property and all roadways within the subject property shall meet
with the requirements and approval of the Planning Director, upon consultation
with the Department of Public Works and/or the State Department of
Transportation. Access to the subject property shall be by the way of the
Awapuhi Street extension or an alternate access point as agreed upon by the
Planning Director,upon consultation with the Department of Public Works and/or
State Department of Transportation. Access to Kahaopea Street shall conform to
Chapter 22, County Streets, of the Hawai`i County Code.
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J. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
K. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
L. Comply with Chapter 11-55, Water Pollution Control, Hawai`i Administrative
Rules, Department of Health, which requires a NPDES permit for certain
construction activity.
M. All earthwork activity, including grubbing and grading, shall conform to Chapter
10, Erosion and Sedimentation Control of the Hawai`i County Code.
N. Construction activities must comply with the provisions of Hawai`i
Administrative Rules, Chapter 11-46, "Community Noise Control."
0. 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—
I
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
P. If the applicant, successors, or assigns develop residential units or lots on the
subject properties, the applicant, successors, or assigns 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 or Final Plan Approval, whichever is applicable.
The fair share contribution shall be based on the actual number of residential units
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or lots 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 maximum
combined value of[$8,751.58] $10,033.83 per multiple family residential unit
([$13,672.20] $15,636.59 per single family residential unit). The total amount
shall be determined by the actual number of units or lots according to the
calculation and payment provisions set forth in this condition. The fair share
contribution per multiple family residential unit(single family residential units)
shall be allocated as follows:
1. [$4,318.39] $4,949.40 per multiple family residential unit
([$6,608.08] $7,540.24 per single family residential unit) to the
County to support park and recreational improvements and facilities;
2. [$136.48] $156.43 per multiple family residential unit([$317.37]
$363.74 per single family residential unit) to the County to support
police facilities;
3. [$419.81] $481.18 per multiple family residential unit ([$626.81]
$718.44 per single family residential unit) to the County to support fire
facilities;
4. [$187.12] $214.47 per multiple family residential unit([$274.11]
$314.54 per single family residential unit) to the County to support
solid waste facilities; and
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5. [$3,692.75] $4,232.35 per multiple family residential unit ([$5,845.47]
$6,699.63 per single family residential unit) to the County to support
road and traffic improvements.
In lieu of paying the fair share contribution, the applicant, successors or assigns
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. The cost of providing and
constructing the improvements required in Condition E, I and J shall be credited
against the sum specified in Condition Q(5) for road and traffic improvements. If
an assisted living facility is constructed, there will be minimal impact on road and
park improvements when compared with single-family or multiple-family homes
that could be constructed under the current CN-7.5 zoning district. In recognition
of this and the public interest in providing assisted living facilities, the fair share
contribution for roads and parks shall not apply, and the remaining fair share
contributions shall be imposed.
Q. 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 requirements of the Unified Impact
Fees Ordinance.
R. 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, Hawai`i 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 or Final Plan
Approval, whichever is applicable.
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S. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
T. [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. Further, should any of the conditions not be met or
substantially complied with in a timely fashion, the Director may initiate rezoning
- ; • ; .:.•-, --; - . :: ; : - : - •:-. •:-.] 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.
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).
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.
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U. 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. .
INTRODUCE S BY:
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CO W IL MEMBER, COUNTY OF H A WAI`I
Kona , Hawai`i
Date of Introduction: September 7, 2022
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Date of 1st Reading: September 7, 2022
Date of 2nd Reading: September 21, 2022
Effective Date: October 4, 2022
REFERENCE Comm. 922
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25114. (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-1o) TO NEIGHBORHOOD COMMERCIAL (CN-7.5) AT
WAIAKEA, SOUTH HILO, HAWAII, .
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-2-44: 3,31,32.35 arid 37 .__ _-_.- OCTOBER 15 1996
EXHIBIT "A" FOR
FOR R - E INL �
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OFFICE OF THE COUNTY CLERK `i`'}`3
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County of Hawai`i '"'�'' r
Kona, Hawai`i
IOU OCT -LI pti fl: 06
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: September 7, 2022 AYES NOES ABS EX
First Reading: September 7, 2022 Chung X
Published: September 16, 2022 David X
Inaba X
REMARKS. Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
I
Richards X
Villegas X
Second Reading: September 21, 2022 5 2 2 0
To Mayor: September 29, 2022
Returned: October 4, 2022 ROLL CALL VOTE
Effective: October 4, 2022
Published: October 21, 2022 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
5 2 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. r= ___ `
O.,--K A A e- j lit ''
COUNCIL C'4
Approved/ isapproved this dayI-""
Ntlf#. .rte
411161111
of C-7b -v , 20 - COIF ' LERK
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Bill No..
MAYOR, COUNTY OFHAWAI`I C-922/PC-75
Reference:
Ord No.: 22 101