HomeMy WebLinkAboutBIL 067 Draft 01 2024-2026COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
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 WAIĀKEA, SOUTH HILO, HAWAIʻI, 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 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, Waiākea, South Hilo Hawai‘i, 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. 328º 10' 140.00 feet along the westerly side of Kinoole Street;
2. 58º 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;
3. 148º 10' 140.00 feet along Lot A-1, portion of Grant 15102 to Hawaiʻi Housing Authority;
4. 238º 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:
Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
The applicant(s), its successor(s), or assign(s) (“Applicant”) shall be responsible for complying with all the stated conditions of approval.
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.
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.
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.
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), Hawai‘i 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), Hawai‘i County Code.
The Applicant shall provide improvements to the property’s Kinoʻole 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.
All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawai‘i County Code.
All driveway connections and construction within Kinoʻole Street shall conform to Chapter 22, County Streets, of the Hawai‘i County Code.
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 Kinoʻole Street that may be deemed necessary by the Department of Public Works.
All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties.
All uses on the subject property shall be served by the public sewer in accordance with Section 21-5 of the Hawai‘i County Code prior to the issuance of a Certificate of Occupancy.
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:
$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;
$399.45 per single family residential unit and $171.78 per multiple family residential unit to the County to support police facilities;
$788.96 per single family residential unit and $528.42 per multiple family residential unit to the County to support fire facilities;
$345.41 per single family residential unit and $235.52 per multiple family residential unit to the County to support solid waste facilities; and
$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 Hawai‘i County Code.
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.
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
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.
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.
The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements.
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 Hawaiʻi County
Code.
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
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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: