HomeMy WebLinkAboutBIL 130 Draft 01 2024-2026COUNTY OF HAWAPI
ORDINANCE NO.
STATE OF HAWAPI
BILL NO. 130
AN ORDINANCE AMENDING ORDINANCE NO.09-44, WHICH AMENDED
SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING
THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL—10,000
SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL—10,000 SQUARE
FEET (CN-10) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAI%
COVERED BY TAX MAP KEY NO.2-2-034:036.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 2 of Ordinance No. 09-44 is amended to read as follows:
"SECTION 2. - In accordance with Section 25-2-44, Hawai`i County Code 1983 [k2493
Editie4 (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 applicants, successors or assigns("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
B. [if required by the n,.pai4.,.e t ,.cW..ter Supply, prier- to the issupmee of w to.
usage ..,.1..ula fi,,ns a ended by ,. registered engineer-, .,..d a ..,ter
Pelie)4' to the D.,pai4,aeat of W tef Stip ,1.....:thin 180 ,lays free, the „+r et:..,.
]Prior to the issuance of a water commitment by the
Department of Water Supply (DWS). the Applicant 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 to the DWS 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. The Applicant shall construct necessary water system improvements as required
by the Department of Water Sunnly.
D. Tax Map Key 2-2-034:036 and Tax Man Key 2-2-034:045 shall be consolidated
prior to issuance of Final Plan Approval for any commerical use on the subject
ro e
[C—]E. [Conversion of the existing dwelling te effieeases shall be eempleted widiia
(a) years C,,m the „ff „tiye date of this erd:..,.nee Prier tee .....1/er
eenstmetion, the applieant, sueeessers er assigns shall seeure Final Plan AppFevg
Seetio 25 2 70 Chapter 25 (' gifting Cede), Hawaii /',.0 ty ('.,A.. ]Construction
of the Proposed development, or other developmentluse as permitted by the
zoning district classification, shall be completed within ten (10) years from the
effective date of this amended ordinance. The time during which required plans.
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reports, studies, or relevant permit anplications are under review for approvals by
government agencies shall not count towards the deadline established in the
ordinance. To iustify this tolling, the Applicant shall provide evidence of the
excluded time period to the planning department for its review and annroval,
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.
[D-IL. [A five feet f�twe read widening stfip alengMemene StFeet shal4 be delineated
on the pl,,..s stibnit4ed fey m., n ...._, val r-eview. The r. e feet . Ade s.tere r a
widening seetion with rea&way improvements shall be subdivided and dediented
five (5) foot wide future road widening strip alone the property's Manono Street
frontage shall be subdivided and dedicated, at no cost to the County, when
reauired by the Department of Public Works (DPW). The Applicant shall provide
their pro-rata share for the construction of full improvements to the entire
property frontage alone Manono Street consisting of but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements and
any required utility relocation meeting with the approval of the DPW. This pro-
rata share for roadway improvements specified in this condition shall be
determined by the DPW and shall become due and payable to the County of
Hawaii within six (6) months from the date that formal notice is served upon the
Applicant by the DPW regarding program for the installation of curb, gutter and
sidewalk improvements along Manono Street.
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Oeeapaxey. 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, Chanter 25 (Zoning Code). Hawaii County Code. Plans shall
identify all existing and/or proposed structure(s), paved driveway access and
paved 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 (Landscaning Requirements) and Chapter 25 (Zoning
Code), Hawaii County Code.
H. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawaii County Code.
I. All drivewav connections and construction within Manono Street shall conform to
Chapter 22, County Streets, of the Hawaii County Code.
[F-I [All development gefieFt4ed rdfieff shall be disposed ef an site and shall not be
i
Ptibli,,, Waik..prior to r ipt e f a Gef6fie,.te of n........All development -
generated runoff shall be disposed of onsite and shall not be directed toward any
adiacent properties. Additionally, a drainage study shall be prepared prior to Plan
Approval, and the recommended drainage system shall be constructed meeting the
approval of the Department of Public Works, Engineering Division, prior to the
issuance of a Certificate of Occupancy.
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.
[G-1L. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
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EeuntyGeuneil]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 lots and/or units created. The fair share contribution shall become due
and payable prior to receipt of Final Subdivision Approval or Final Plan
Approval, whichever is applicable, and shall be based on the actual number of
additional residential lots or 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 (HCPII. The fair share contribution
shall have a combined value of $17,921.82 per single family residential unit and
m
$11,500.24 per multiple family residential unit. The total amount shall be
determined with the actual number of residential lots or units according to the
calculation and payment nrovisions set forth in this condition. The fair share
contribution shall be allocated as follows:
$8,642.22 per single family residential lot/unit and $5,672.74 ner multiple
family residential lot/unit to the County to supnort park and recreational
improvements and facilities:
2. $416.90 per single family residential lot/unit and $179.29 per multiple
family residential lot/unit to the County to support police facilities:
3. $823.43 per single family residential lot/unit and $551.51 per multiple
family residential lot/unit to the County to support fire facilities:
4. $360.51 per single family residential lot/unit and $245.81 per multiple
family residential lot/unit to the County to support solid waste facilities:
and
5. $7,678.76 ner single family residential lot/unit and $4,850.89 per multiple
family residential lot/unit to the County to support road and traffic
improvements.
In lieu of paving the fair share contribution, the Annlicant 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 develonment, subiect 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.
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[�]N. 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.
[lo [
ratxoao/rHawaii Gaunty Code icxa4 ffg to aC raable Housing Do4ey. Pais
To ensure that the Goals
and Policies of the Housing Element of the General Plan are imnlemented, 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 M shall be conditionally waived for affordable
housing units or lots, if the Anplicant 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 M that were waived will become due
and pavable.
P. 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. Subseouent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
[K-1Q The [applieaats]Ayylicant shall comply with all applicable County, State and
Federal laws, rules, regulations and requirements.
fashion, the Pir-eeter may iffi4ia�e rezening ef the area to i4s original er more
appf:epria4e designAn 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.
S. If anv 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 zoniniz designation of
the property(s) affected by the ordinance shall automatically revert to its
immediate prior zoning designation."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
RErMCE CMM. 736
M!-t
COUNCIL MEMBER, COUNTY OF HAWAI`I
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