HomeMy WebLinkAboutBIL 087 Draft 02 2022-2024 Hawai`i County Council-27 December 6,2023
BILLS FOR ORDINANCES (FIRST READING)
Bill 87: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM RESORT HOTEL—750 SQUARE FEET (V-.75)TO
LIMITED INDUSTRIAL—20,000 SQUARE FEET(ML-20)AT HILO,
HAWAI`I, COVERED BY TAX MAP KEY: 2-1-006:002
(Applicant: Aloha Kia) (Area: 1.795 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone request, which would allow the applicant to develop a new car
dealership and service station for Aloha Kia. The property is located at
92 Kalaniana`ole Street in South Hilo.
Reference: Comm. 520
Intr. by: Mr. Inaba (B/R)
Approve: LAAC-39
Postponed: November 1, 2023
(Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to pass
Bill 87 on first reading.)
AMENDED TO DRAFT 2 AND FAILED:
Ayes: None.
Noes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball—9.
Absent: None.
Excused: None.
Bill 100: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2024
Appropriates revenues in Federal Grants—Fiscal Year 2023 Volunteers in Service
to America Support Grant account($50,000); and appropriates the same to the
Fiscal Year 2023 Volunteers in Service to America Support Grant account. Funds
would be used to provide community-based training and regional education to
VISTA personnel.
Reference: Comm. 579
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-117
(Vote on Bill 100 is on the next page.)
Page 15
COUNTY OF HAWAIII
ORDINANCE NO.
STATE OF HAWAIII
BILL NO. 87
(DRAFT 2)
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'l COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
RESORT HOTEL — 750 SQUARE FEET (V-.75) TO LIMITED INDUSTRIAL — 20,000
SQUARE FEET (ML-20) AT HILO, HAWAI'l, COVERED BY TAX MAP KEY: 2-1-006:002.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'I:
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 Hilo, Hawaii, shall be
Limited Industrial — 20,000 square feet (ML-20):
Beginning at the west corner of this parcel of land and on the south side of
Kalaniana'ole Street, 70 feet wide, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being 2,417.25 feet north and
11,808. 10 feet east as shown on Government Survey Registered Map 2537, and running
by azimuths measured clockwise from true South:
1.
2.
3.
4.
2360 02' 48" 153.38
3440 30' 00"
900 00, 001,
5.82
120.00
feet along the south side of
Kalaniana'ole St.;
feet along Grant 5512 to John T.
Brown;
feet along same;
39.40 feet along same to the point of
beginning and containing an area of
2,001 square feet, more or less.
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Beginning at the southwest comer of this parcel of land and on the north side of
Kamehameha Avenue, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 2,197.00 feet north and 11,746.00 feet east
and running by azimuths measured clockwise from true South:
1. 1800 00, 001, 179.20 feet along Grant 7204 to H.M.N.
Kapuakela;
2. 2360 02' 48" 73.10 feet along the southeast side of
Kalaniana'ole Street;
3. 2700 00' 00" 39.40 feet along Grant 10,448 to Isao
Ebisuzaki;
4. 2280 09' 00" 120.00 feet along Grant 10,448 to Isao
Ebisuzaki;
5. 1640 30' 00" 5.82 feet along Grant 10,448 to Isao
Ebisuzaki;
6. 2360 02' 48" 77.63 feet along the southeast side of
Kalaniana'ole St.;
7. 3140 45' 10" 49.06 feet along the remainder of Grant
5512 to John T. Brown;
8. 3600 00' 00" 314.51 feet along the remainder of Grant
5512 to John T. Brown and Lots 2
and 4 Land Court Application No.
1844;
9. 900 00, 001, 287.10 feet along the north side of
Karnehameha Avenue to the point of
beginning and containing an area of
1.749 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, Hawai'i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
M
(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 successor(s), or assign(s) ("Applicant") 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
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. Construction of the proposed development, as substantially represented by the
Applicant, or as permitted by its zoning district classification, shall be completed
within five (5) years from the effective date of this ordinance. Prior to
construction, the applicant(s), successor(s), or assign(s) 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 structure(s), paved driveway access and
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parking stalls associated with the proposed development. Landscaping shall 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) and Chapter 25 (Zoning
Code), Hawaii County Code.
D. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
prior to the issuance of Final Plan Approval.
E. The Applicant shall install a reduced pressure type backfJow prevention assembly,
within five (5) feet of the meter on private property to be inspected an approved
by the Department of Water Supply prior to water service activation.
F. All development generated runoff shall be disposed of onsite and not be directed
toward any adjacent properties. A drainage study shall be prepared, and the
recommended drainage system shall be constructed meeting the approval of the
Department of Public Works.
G. Plan approval shall be required prior to the construction or installation of any new
structure or development, or any addition to an existing structure or development
according to Section 25-2-71 (a) of the Zoning Code.
H. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control of the Hawaii County Code.
All driveway connections and construction within the Kamehameha Avenue
Right -of Way shall conform to Chapter 22, County Streets, of the Hawaii County
Code.
H
Access to Kamehameha Avenue, including the provision of adequate sight
distances, shall meet with the approval of the Department of Public Works.
K. A National Pollutant Discharge Elimination System (NPDES) permit, if required,
shall be secured from the State Department of Health before the commencement
of ground disturbing activities.
L. Sewer lines shall be installed within the development to connect with the County's
sewer system, meeting with the approval of the Department of Environmental
Management.
M. 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 Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at (808) 9337651.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
SHPD when it finds that sufficient mitigation measures have been taken.
N. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements for the proposed development,
including the Fire Department, Department of Public Works, Department of
Water Supply and Department of Health.
O. If the applicant fails to fulfill any conditions of the zone change within the
specified time limitations, the director or council may initiate the process for
enactment of an ordinance reverting the affected property back to its original
zoning designation or a more appropriate zoning designation in accordance with
Section 25-2-43 of the Hawaii County Code.
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Resort.Hotal District. 750 SQUARE FEET (V-35) TO
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AMENDMENT TO THE ZONING CODE,
AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'l COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
RESORT HOTEL DISTRICT - 750 SQUARE FEET (V-,75)
TO LIMITED INDUSTRIAL DISTRICT - 20,000 SQUARE FEET (ML-20)
AT H I.LO, HAWAI'l
MAP PREPARED BY:
TMK (3) 2-1-006:002 COUNTY OF HAWAll, PLANNING DEPARTMENT DATE June 19, 2023
Piona ma
EXHIBIT "A" Map. 1456
P. An initial extension of time for the performance of conditions within this
ordinance may be requested in accordance with Section 25-2-44, subsections (c)
and (d), of the Hawaii County Code.
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 I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. —2ZL�L-
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI'I
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