HomeMy WebLinkAboutBIL 067 Draft 01 2024-2026`�NSY OF Mtyy'i
COUNTY OF HAWAI`I •� �4
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ORDINANCE NO.
STATE OF HAWAM
BILL NO. 67
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 GENERAL
COMMERCIAL-10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAI`I,
COVERED BY TAX MAP KEY: 2-2-022:022.
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, Waiakea, South Hilo
Hawaii, shall be General Commercial — 10,000 square feet (CG-10):
Beginning at a point at the north corner of this parcel of land, being also the east
corner of Lot 5, portion of Grant 8836 to Mrs. Mary F. Soares and the westerly side of
Kinoole Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALAI", being 2,398.33 feet South and 5,893.83 feet East, and
thence running by azimuths measured clockwise from True South:
1. 3280 10' 140.00 feet along the westerly side of
Kinoole Street;
2. 580 10' 237.00 feet along Lot B, being a portion of
Lot 3, Grant 9358 to Gustavus D.
Supe and a portion of Lot 2, Grant
9138 to William H. Chun;
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3. 1480 10' 140.00 feet along Lot A-1, portion of Grant
15102 to Hawaii Housing
Authority;
4. 2380 10' 237.00 feet along Lot 5, portion of Grant
8836 to Mrs. Mary F. Soares to the
point of beginning and containing an
area of 33,180 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) ("Applicant") shall be responsible
for complying with all the stated conditions of approval.
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B. A water commitment deposit shall be paid to the Department of Water Supply
(DWS) within 180 days from the effective date of this ordinance in accordance
with Rule 5 of DWS'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 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 service lateral that will accommodate a 1/2-inch
meter, installation of a reduced pressure type backflow prevention assembly
within 5 feet of the meter on private property, meeting with the approval of DWS,
cut and plug the existing 1-inch service lateral at the main, and the installation of
a fire hydrant spaced no more than 300 feet apart and within 150 feet of the
driveway or access to the lot.
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 ten (10) 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 Applicant
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.
E. Prior to construction, the Applicant 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
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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. The Applicant shall provide improvements to the property's Kino`ole Street
frontage meeting with the approval of the Department of Public Works, consisting
of but not limited to updating the landscape planter within the concrete sidewalk
by filling it with concrete in conformance with the current County standard, and
any required utility relocation, meeting the requirements of the Americans with
Disabilities Act. All improvements shall be at no cost to the County and shall
occur prior to the issuance of a Certificate of Occupancy.
G. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawaii County Code.
H. All driveway connections and construction within Kino`ole Street shall conform
to Chapter 22, County Streets, of the Hawaii County Code.
I. Should the Applicant 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 Applicant shall implement, when required by the Department of
Public Works, at no cost to the County, any transportation system improvements
to Kino`ole Street that may be deemed necessary by the Department of Public
Works.
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J. All development -generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties.
K. All uses on the subject property shall be served by the public sewer in accordance
with Section 21-5 of the Hawaii County Code prior to the issuance of a
Certificate of Occupancy.
L. Should the Applicant develop residential units on the subject property, 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 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 the 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 $17,171.48 per single family residential unit and $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 shall be allocated as
follows:
1. $8,280.39 per single family residential unit and $5,435.24 per multiple
family residential unit to the County to support park and recreational
improvements and facilities;
2. $399.45 per single family residential unit and $171.78 per multiple family
residential unit to the County to support police facilities;
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3. $788.96 per single family residential unit and $528.42 per multiple family
residential unit to the County to support fire facilities;
4. $345.41 per single family residential unit and $235.52 per multiple family
residential unit to the County to support solid waste facilities; and
5. $7,357.27 per single family residential unit and $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 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 pursuant to Section 2-162.1(a) of Hawaii County Code.
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. 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 as evidenced by an executed and recorded affordable
housing agreement which shall be provided to the Planning Department by the
Applicant prior to Final Plan Approval or Final Subdivision Approval. Fair share
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requirements under Condition L shall be conditionally waived for affordable
housing units or lots, if the Applicant executes an affordable housing agreement
to provide fifty (50) to one hundred (100) percent of the development as
affordable housing units or lots. If the affordable housing units or lots are not
produced and sold or rented in accordance with the affordable housing agreement,
any fair share requirements under Condition L that were waived will become due
and payable.
O. 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 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.
P. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements.
Q. 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.
R. 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 Applicant that the ordinance is null and
void without further action by the County. In that event, the zoning designation of
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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.
SECTION 4. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
BEFMCE Comm. 375 _ —
INTRODUCED BY:
M'4
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Feet
0 500 1,000
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
GENERAL COMMERCIAL - 10,000 SQ FT. (CG-10)
AT WAIAKEA, SOUTH HILO, HAWAI'I
MAP PREPARED BY:
TMK: (3) 2-2-022:022 COUNTY OF HAWAVI, PLANNING DEPARTMENT DATE: January 6, 2025
Correa Ohana, LLC
EXHIBIT "A" Map