HomeMy WebLinkAboutBIL 030 Draft 01 2024-20264�rYY` OF h,�7i
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BILL NO. 30
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983
(2016.EDITION, AS AMENDED), BY CHANGING THE ZONE MAP CLASSIFICATION
FROM SINGLE-FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS-10) TO
NEIGHBORHOOD COMMERCIAL — 10,000 SQUARE FEET (CN-10) AT WAIAKEA,
SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-036:1.13.
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 Neighborhood Commercial — 10,000 square feet (CN-10).
Beginning at the Northeast corner of this parcel of land and Southeast corner of
Lot 12-A and on the West side of Manono Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALA`I", being
2,403.00 feet South and 9,083.00 feet East, thence running by azimuths measured
clockwise from true South:
1. 00 00, 100.00 feet along the West side of Manono
Street;
2. 900 00, 195.00 feet along Lot 16-A and 16-13, being
portions of Lot 16, Block 26 of
Waidkea House Lots, 1st Series and
Grant 8678 to Esther Kahawai;
3. 1800 00, 100.00 feet along Lot 13, Block 26 of
Waiakea House Lots, I" Series,
Grant 8704 to Sanuske Onishi;
4. 2700 00' 195.00 feet along Lot 12-A, being portions
of Lot 12, Block 26 of Waiakea
House Lots, 1st Series and Grant
8703 to Herman N. Kamai to the
point of beginning and containing an
area of 19,500 square feet, 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.
A. The applicant(s), its successor(s), or assign(s) ("Applicants") 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 Applicants 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 in
accordance with Rule 5 of the Department of Water Supply's Rules and
Regulations. The Applicants are 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 Applicants shall construct necessary water system improvements as required
by the Department of Water Supply (DWS), which includes, but may not be
limited to, the installation of a reduced pressure type backflow prevention
assembly, within 5 feet of the meter on private property, meeting with the
approval of DWS.
D. Construction of the proposed development shall be as substantially represented by
the Applicants, or as permitted by the zoning district classification, and shall be
completed within five (5) years from the effective date of this ordinance. The time
during which required plans, reports, studies, or relevant permit applications are
under review for approvals by government agencies shall not count towards the
deadline established in the ordinance. To justify this tolling, the Applicants shall
provide evidence of the excluded time period to the planning department for its
review and approval, which shall consist of dates obtained from a government
agency website, permitting program, or office indicating when the required plans,
reports, studies, or permit applications were submitted, approved, denied, or
returned by the government agency. Any request for tolling shall be verified and.
approved in writing by the director prior to the deadline established by the
ordinance. The director shall notify the council of any approval of a request for
tolling within thirty days of such approval.
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E. Prior to construction, Applicants 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 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.
F. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawaii County Code.
G. Access from Manono Street shall be restricted to one (1) driveway access point. If
required by the Department of Public Works (DPW), the Applicants will be
required to install new striping for the middle lane divider fronting the subject
property on Manono Street, subject to the approval of the DPW, prior to issuance
of a Certificate of Occupancy for any commercial use.
H. All driveway connections and construction within Manono Street shall conform to
Chapter 22, County Streets, of the Hawai` i County Code. Driveway access plans
shall be submitted for the review and approval of the Department of Public Works
and shall include the provision of adequate site distances. The required and/or
appropriate mitigation(s) shall be in place prior to issuance of a Certificate of
Occupancy for any commercial use.
1. All development -generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties. Additionally, a drainage study shall be
prepared prior to Plan Approval, and the recommended drainage system shall be
H
constructed meeting the approval of the Department of Public Works,
Engineering Division, prior to the issuance of a Certificate of Occupancy.
All uses on the subject property shall be served by the public sewer in accordance
with Section 21-5 of the Hawaii County Code.
K. Should the Applicants develop residential units on the subject property, the
Applicants 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 for the additional residential units to be created.
The fair share contribution shall become due and payable prior to receipt of Final
Plan Approval, and shall be based on the actual number of additional residential
units 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
$11,018.76 per multiple family residential unit. The total amount shall be
determined with the actual number of residential units according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit shall be allocated as follows:
$5,435.24 per multiple family residential unit to the County to
support park and recreational improvements and facilities;
$171.78 per multiple family residential unit to the County to
support police facilities;
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$528.42 per multiple family residential unit to the County to
support fire facilities;
4. $235.52 per multiple family residential unit to the County to
support solid waste facilities; and
5. $4,647.80 per multiple family residential unit 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 pursuant to Section 2-162.1(a) of Hawaii County Code.
L. 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.
M. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the Applicants 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 Plan Approval.
N. 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
I on
identified during the demolition and/or construction work, the Applicants shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the department of Land and Natural Resources- State
Historic Preservation Division (DLNR-SHPD) 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.
O. The Applicants shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements.
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 Hawai `i County Code.
Q. If any conditions have not been completed by the deadline, or if a time extension
request has not been submitted in accordance with section 25-2-44(c), the
planning department shall inform the Applicants that the ordinance is null and
void without further action by the County. In that event, the zoning designation of
the property(s) affected by the ordinance shall automatically revert to its
immediate prior zoning 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.
M
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:
10M4,11 f I
INTRODUCED BY:
10
Wit
CIL MEMBER, COUNTY OF F(AWAI'l
M L-20
to
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RD-3 S
J
SINGLE-FAMILY
RESIDENTIAL -
10,000 SQ. FT. (RS-10) TO
NEIGHBORHOOD
RD-3.75
COMMERCIAL -
10,000 SQ. FT. (CN-10)
REZONE AREA:
19,500 SQ. FT.
RS-10
RS-10
CN-10
CN-10
2, 403.00' S
9, 083.00' E
"HALA'1 '
RS-10
LEILANI ST
Feet
0 125 250 500
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE ZONE MAP CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL - 10,000 SQ. FT. (RS-10) TO
NEIGHBORHOOD COMMERCIAL - 10,000 SQ. FT. (CN-10)
AT WAIAKEA, SOUTH HILO, HAWAI`I
MAP PREPARED BY:
TMK: (3) 2-2-036:113 COUNTY OF HAWAH, PLANNING DEPARTMENT DATE: December 6, 2024
EXHIBIT "A" Jack Vanderhoff & Sau-Yin Yeung
Map: 24-72