HomeMy WebLinkAboutBIL 184 Draft 04 2008-2010COUNTY OF HAWAII
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
STATE OF HAWAII
BILL NO. 184
ORDINANCE NO.
(DRAFT 4)
AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE -
FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS -7.5) AND MULTIPLE - FAMILY
RESIDENTIAL — 1,000 SQUARE FEET (RM -1) TO MULTIPLE - FAMILY RESIDENTIAL —
1,500 SQUARE FEET (RM -1.5) AT KUKUAU 1 SOUTH HILO, HAWAII, COVERED BY
TAX MAP KEY: 2 -4- 025:048, 053, AND 080.
SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Kukuau I South Hilo,
Hawai`i, shall be Multiple - Family Residential — 1,500 square feet (RM -1.5):
PARCEL 1
Beginning at the northeast corner of this parcel of land being also the southeast corner of Lot 9-
L-5, Land Court Application 1205 and on the southwesterly side of Kapiolani Street, the
coordinates of said point of beginning referred to Government Survey Triangulation Station
"HALAI ", being 462.44 feet South and 3,541.34 feet East, thence running by azimuths measured
clockwise from true South:
333° 18' 30" 80.80
49° 56' 206.35
feet along Kapiolani Street;
feet along Lot 9 -L -7, Ld. Ct. App.
1205;
3. 154° 53' 81.36 feet along the remainder of Lot 9 -L-
6;
4. 229° 56' 204.05 feet along Lot 9 -L -5, Ld. Ct. App.
1205 to the point of beginning and
containing an area of 16,130 square
feet.
PARCEL 2
Beginning at the northwest corner of this parcel of land being also the northeast corner of Lot
9 -L -16, Land Court Application 1205 and on the southeasterly side of Kukuau Street, the
coordinates of said point of beginning referred to Government Survey Triangulation Station
"HALAI ", being 804.62 feet South and 2,912.09 feet East, thence running by azimuths measured
clockwise from true South:
1. 214° 04' 65.73
2. 328° 10' 83.38
3. 229° 56' 324.99
4. 328° 10' 79.43
5. 229° 56' 132.86
6. 334° 53' 81.36
7. 49° 56' 123.25
8. 328° 10' 410.47
9. 63° 28' 122.52
10. 75° 46' 154.80
-2-
feet along Kukuau Street;
feet along Lots 9 -L -3 -D and 9 -L -4,
Ld. Ct. App.1205;
feet along Lot 9 -L -4, Ld. Ct. App.
1205;
feet along Lot 9 -L -5, Ld. Ct. App.
1205;
feet along Lot 9 -L -5, Ld. Ct. App.
1205;
feet along the remainder of Lot 9 -L-
6;
feet along Lot 9 -L -7, Ld. Ct. App.
1205;
feet along Lots 9 -L -7 and 9 -L -8, 9 -L-
9 and 9 -L -10, Ld. Ct. App. 1205;
feet along L.P. 8063, L.C. Aw. 2663
to Kahue;
feet along L.P. 8063, L.C. Aw. 2663
to Kahue;
11. 97° 12' 144.30 feet along L.P. 8063, L.C. Aw. 2663
to Kahue;
12. 148° 10' 430.33 feet along Lots 9 -L -19 and 9 -L -16,
Ld. Ct. App. 1205 to the point of
beginning and containing an area of
203,844 square feet.
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 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) 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 successors or assigns 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,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within one hundred and eighty days from the effective date of this
ordinance.
-3-
C. The applicants shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the water meter on private property, which must be
inspected and approved by the Department of Water Supply prior to the issuance
of a Certificate of Occupancy.
D. The applicant shall secure Final Subdivision Approval to consolidate tax map key
numbers 2 -4- 25:48, 2 -4 -25:53 and 2 -4 -25:80 within two (2) years from the
effective date of this ordinance.
E. Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to construction, the
applicant, successors or assigns 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 structures, paved driveway accesses and parking stalls associated
with the proposed development. The applicant shall develop parking spaces
associated with the proposed development in accordance with the required
parking spaces pursuant to Sections 25 -4 -51 and 25 -4 -52, Chapter 25 (Zoning
Code), Hawai`i County Code. In addition, the applicant shall develop additional
parking spaces up to a maximum of 60% of the required spaces for the total
residential units to be built within the proposed development. Landscaping shall
also 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). The applicant
shall comply with landscaping requirements for RM zoning.
F. The applicant shall grant drainage easement(s) through the subject properties to
the County of Hawai`i. The easement(s) shall be granted prior to Final
-4-
Subdivision Approval for the lot consolidation described in Condition D and shall
meet with the approval of the Department of Public Works.
G. The applicant shall subdivide and dedicate to the County a ten (10) -foot wide
future road widening strip along the entire Kapi`olani Street frontage of Parcel 53,
prior to Final Subdivision Approval for the lot consolidation described in
Condition D.
H. Access at Kapi`olani Street shall be limited to right -turn in and right -turn out
movements only.
I. All driveway connections to Kauai Street and Kapi`olani Street shall conform to
Chapter 22, County Streets, of the Hawai`i County Code.
J. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be installed by the applicant.
K. All development - generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to the issuance of Final Plan
Approval. Any drainage improvements, if required, shall be constructed, meeting
the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy.
L. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code.
M. If required by the Director of the Department of Environmental Management
( "DEM "), applicant shall conduct a sewer study in accordance with the then
-5-
applicable wastewater system design standards prior to approval to connect to the
County sewer system. Applicant shall provide such sewer line or other facility
improvements as the Director of DEM may reasonably require, which the sewer
study may indicate are advisable for mitigation of impacts of the proposed project.
N. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
0. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR -SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR -SHPD when it finds that sufficient mitigative measures have been taken.
P. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan Approval. The fair share
contribution for each lot shall be based on the actual number of residential units
developed. 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
$7,698.11 per multiple family residential unit ($11,996.63 per single family
residential unit). The total amount shall be determined with the actual number of
-6-
units according to the calculation and payment provisions set forth in this
condition.
The fair share contribution per multiple family residential unit (single family
residential unit) shall be allocated as follows:
1. $3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $120.01 per multiple family residential unit ($279.07 per single family
residential unit) to the County to support police facilities;
3. $369.17 per multiple family residential unit ($551.20 per single family
residential unit) to the County to support fire facilities;
4. $164.54 per multiple family residential unit ($241.32 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,247.12 per multiple family residential unit ($5,140.06 per single 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.
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 the Affordable Housing Policy.
Compliance with Chapter 11 shall be approved by the Administrator of the Office
-7-
of Housing and Community Development prior to receipt of Final Plan Approval
and /or Final Subdivision Approval.
R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
S. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
T. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and to what extent the conditions of
approval are being complied with. This condition shall remain in effect until all
of the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
U. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-8-
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
652.13
REFERENCIA Comm. ----• -9-
•
RM -1
RS - 7. s
MULTI - FAMILY RESIDENTIAL • 1,000 S _�_
PARCEL 1
OFT (RM - 11`
0 S A F
' 462.44 5
RS - TO 1,0 SQUARE FEET RESIDENTIAL (RM-1.5)
3.541.34E
1,50 SQUAREAEET(RM -1.5)
16,110 SQUARE FEET " HlLA'I"
RS - 7 5
, y, .t,�u,<b�
q • ti 1�5°I%�.�y�
RS - zr4 '
a946z s � ���M .
291209E r,G -# _ W •u �,,, ry "i
HALA I' � e g 'G4* 1 Jt i ti' i
R5 -7 5
R5 -7.5
3-s
RM -1 " \ CG -7.5
PARCEL 2
SINGLE - FAMILY RESIDENTIAL -
7,500 SOFT. (RS -7.5)
TO MULTIPLE- FAMILY RESIDENTIAL -
1,500 SQUARE FEET (RM -1.5)
203,844 SQUARE FEET
RD -3 75
CO
P
P "
RD -3 75
7.5
RD -3 75
0
200 400
800
1,200
1,600
Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE - FAMILY RESIDENTIAL - 7,500
SQUARE FEET (RS -7.5) AND MULTIPLE - FAMILY RESIDENTIAL - 1,000 SQUARE FEET (RM -1)
TO MULTIPLE - FAMILY RESIDENTIAL - 1,500 SQUARE FEET (RM -1.5)
AT KUKUAU 1ST, SOUTH HILO, HAWAII
TMK 2-4 -025 48, 53, and 80
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE July 31, 2009
(Giamoaolo "Paul" Boscheth
•
Bill Nos. 184 (Draft 4), 216, 217, 218, 219, 233, and 234
I hereby certify that the following Bills passed first reading at the meeting of the Hawai`i County
Council on April 7, 2010, by vote as listed below:
Bill 184, Draft 4: Amends 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 — 7,500 Square Feet (RS -7.5) and Multiple -
Family Residential — 1,000 Square Feet (RM -1) to Multiple - Family Residential — 1,500 Square
Feet (RM -1.5) at Kukuau l s `, South Hilo, Hawaii, Covered by TMK:2 -4- 025:048, 053, and 080;
Giampaolo "Paul" Boschetti, Applicant. The applicant shall make its fair share contribution to
mitigate the potential regional impacts of the property with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall have a
combined value of $7,698.11 per multiple family residential unit ($11,996.63 per single family
residential unit). AYES: Council Members Enriques, Greenwell, Ikeda, Naeole- Beason, Onishi,
and Chair Yoshimoto — 6; NOES: Council Members Ford, Hoffmann, and Yagong — 3;
ABSENT: None; EXCUSED: None.
Bill 216: Amends Chapter 14, Article 4, Section 14 -21 of the Hawaii County Code 1983 (2005
Edition, as Amended), Relating to Prohibition of Smoking In Certain Places. Prohibits smoking
in all motor vehicles if a person under 18 years of age is in the motor vehicle. AYES: Council
Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, and Chair Yoshimoto —
7; NOES: Council Member Yagong — 1; ABSENT: Council Member Onishi — 1; EXCUSED:
None.
Bill 217: Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010; Adds PUBLIC WORKS:
Kaumana Drive Flood Protection Project — Federal [$191,000] ($441,000) and Kaumana Drive
Flood Protection Project — County ($350,000); funds shall be provided from Federal Grants
Receivable ($250,000) and General Obligation Bonds, Capital Projects Fund -Fund Balance
and /or Other Sources ($350,000). AYES: Council Members Enriques, Ford, Greenwell,
Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None;
ABSENT: None; EXCUSED: None.
Bill 218: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010; Increases revenues in Federal Grants —
Federal Transit Administration ($717,678); appropriates same to Federal Transit Administration.
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason,
Yagong, and Chair Yoshimoto — 8; NOES: None; ABSENT: Council Member Onishi — 1;
EXCUSED: None.
Bill 219: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30, 2010; Appropriates revenues in Federal Grants —
Sexual Violence Prevention and Planning ($9,900); appropriates same to Sexual Violence
Prevention and Planning. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann,
Ikeda, Naeole- Beason, Yagong, and Chair Yoshimoto — 8; NOES: None; ABSENT: Council
Member Onishi — 1; EXCUSED: None.
Bill 233: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawai`i for the Fiscal Year Ending June 30,2010; Appropriates revenues in Fund Balance from
Previous Year ($700,000); appropriates same to Transfer to Capital Projects Fund — Geothermal.
AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi,
Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None.
Bill 234: Amends Ordinance No. 09 -48, as Amended by Ordinance No. 09 -100, Relating to the
International Energy Conservation Code. Amends the effective date from May 11, 2010, to
January 1, 2011. AYES: Council Members Enriques, Ikeda, Naeole- Beason, Onishi, Yagong,
and Chair Yoshimoto — 6; NOES: Council Members Ford and Hoffmann — 2; ABSENT:
Council Member Greenwell — 1; EXCUSED: None.
Kenneth G. Goodenow
COUNTY CLERK
(Hawai`i Tribune Herald — April 16, 2010)
(West Hawai`i Today — April 16, 2010)
Note: The original Digest/Affidavit is attached to Bill 184 (Draft 4).