HomeMy WebLinkAboutORD 2010-110 2008-2010 J�t•( ^US MAN•
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 302
ORDINANCE NO. it
AN ORDINANCE AMENDING ORDINANCE NO. 08 39 WHICH RECLASSIFIED LANDS
FROM SINGLE - FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) TO
NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) AT WAIAKEA,
SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY 2 -2- 040:121.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Ordinance No. 08 39 is amended as follows:
"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 [Waiak a] Waiakea,
South Hilo, Hawai`i, shall be Neighborhood Commercial = 20,000 square feet (CN -20):
Beginning at the southeast corner of this parcel of land, also being the northeast corner of
Lot 13 -A, Block 502, and on the west side of [Kilauea} Kilauea Avenue, the coordinates
of said point of beginning referred to Government Survey Triangulation Station "HALAI"
being 8,570.69 feet South and 9,735.36 feet East and thence running by azimuths
measured clockwise from true South:
1. 85° 40' 00" 242.00 feet along Lot 13 -A, Block 502;
2. 175° 40' 00" 97.35 feet along Lot 14, Block 502;
3. 265° 40' 00" 242.00 feet along Lot 15, Block 502;
4. 355° 40' 00" 97.35 feet along the east side of [Kilauea]
Kilauea Avenue to the point of
beginning and containing an area of
23,559 Sq. Ft., more or less.
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All as shown on the map attached hereto, marked Exhibit "A" and by reference
made 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:
(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, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. [The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with the "Water Commitment Guidelines Policy"
within 180 days from the effective date of this ordinance.]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 180 days from the effective date of this amended ordinance.
C. The applicants shall install a fire hydrant fronting the subject property, and shall
install a reduced pressure type backflow prevention assembly within five (5) feet
of the existing water meter on private property, which must be inspected and
approved by the Department of Water Supply prior to issuance of a Certificate of
Occupancy.
-2-
[G]D. Construction of the proposed improvements shall be completed within five (5)
years from the effective date of this amended ordinance. This time period shall
include securing Final Plan Approval from the Planning Director in accordance
with the Zoning Code. Plans shall identify proposed structure(s), fire protection
measures, access roadway, driveway and parking stalls. Landscaping shall be
indicated on the plans for the purpose of mitigating any potential adverse noise or
visual impacts to adjoining parcels. Landscaping shall be provided in accordance
with the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements) standards for CN zones adjoining a RS zone.
[ e. • • .. ... - • • . • • - • . .. • . • . • •
residential, and residential related uses as described in the CN district (Section 25
5 102). Any other uses would be subject to an amendment. Restrictive covenants
E. Access to [Kilauea] Kilauea Avenue shall be limited to a single location and shall
conform to Chapter 22, Streets and Sidewalks, of the Hawai'i County Code.
F. A 10 -foot wide future road - widening strip along [Kilau ] Kilauea Avenue shall
be delineated on the plans submitted for Plan Approval review. The 10 -foot
future road widening section and roadway improvements along [Kilauea] Kilauea
Avenue shall be subdivided and dedicated to the County of Hawai`i within five
(5) years from the effective date of [ts]the original ordinance.
G. The applicants shall provide full improvements to the entire frontage along
[Kilau ] Kilauea Avenue 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 Department of Public Works.
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Improvements shall be located within the future road - widening setback as
established by the Planning Department and be completed within five (5) years
from the effective date of [this]the original ordinance.
H. The applicants shall also install street lights and traffic controls as required by the
Traffic Division, Department of Public Works. The applicants shall be
responsible for the design, purchase, and installation of such devices. These
improvements to [Kilauea] Kilauea Avenue shall be completed prior to a
Certificate of Occupancy.
The height limit shall be 35 feet as allowed in the Single - Family Residential (RS)
district.
J. 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 by a
licensed civil engineer and submitted to the Department of Public Works prior to
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to receipt of a Certificate of Occupancy.
K. The applicants shall install an individual wastewater system meeting with the
requirements of the Department of Health prior to the issuance of a Certificate of
Occupancy.
[K ]L. 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] Final Plan Approval.
-4-
[h]M. [If the applicants, successors, or assigns develop residential units on the subject
property, the applicants shall make its fair sharc contribution to mitigate the
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
share contribution may be adjusted annually beginning three y rs 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 $7,043.62 per multiple family residential unit ($10,976.69 per single
family residential unit). The total amount shall be determined with the actual
numbcr of 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. $3,474.42 per multiple family residential unit ($5,293.15 per single family
improvements and facilities;
2. $109.81 per multiple family residential unit ($255.34 per single family
residential unit) to the County to support police facilities;
3. $337.78 per multiple family residential unit ($504.33 per single family
residential unit) to the County to support fire facilities;
d. $150.55 per multiple family residential unit ($220.80 per single family
residential unit) to the County to support solid waste facilities; and
5. $2,971.05 per multiple family residential unit ($4,703.06 per single family
- • . - ' . . . - - County to support road and traffic improvements.
-5-
In licu 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
County Council.]If the applicant(s), successor(s), or assign(s) develops residential
units on the subject property, the applicant(s) shall make its (their) 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 $7,738.48 per multiple family residential unit
($12,059.55 per single family residential unit). The total amount shall be
determined with the actual number of 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. $3,817.17 per multiple family residential unit ($5,815.33 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $120.64 per multiple family residential unit ($280.53 per single family
residential unit) to the County to support police facilities;
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3. $371.11 per multiple family residential unit ($554.09 per single family
residential unit) to the County to support fire facilities;
4. $165.40 per multiple family residential unit ($242.59 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,264.15 per multiple family residential unit ($5,167.02 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.
[M.]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.
[M]0. ]O. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, if applicable, 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.
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[9:]P. An Emergency Response Plan shall be submitted to the Hawai`i County Civil
Defense Agency for review and approval prior to the issuance of a Certificate of
Occupancy.
[R:]Q. The applicants shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
[Q. 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
approval arc being complied with. This condition shall remain in cffcct until all
of the conditions of approval have been complied with and the Planning Dircctor
acknowledges that further reports are not required.]
R. 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 applicants, 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 applicants should require an additional extension of time, the
Planning Director shall submit the applicant's request to the Planning
Commission and County Council for appropriate action.
S. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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
Hilo , Hawai`i
Date of Introduction: October 20, 2010
Date of 1st Reading: October 20, 2010
Date of 2nd Reading: November 4, 2010
Effective Date: November 24, 2010
REFERENCE, Comm. 951
-9-
RS -10
N
RS -10 CN -40 Y ..
W PUAINAKO ST E PUAINAKO ST
RS -10 CN -10
RS -10 CN -10
RS -10
- SINGL FAMILY RESIDENTIAL
10,00 - SQUARE FEET (RS -10)
CN - 10 TO NEIL BORHOOD COMMERCIAL CG - 20
20,00 - SQUARE FEET (CN -20)
_ RS - 10 /
23,559 SQ. FT.
RS -10
w � r
a .' RS -10 W
o w o
8,570.69 S a s 5
9,735.36 5
"HALA!"
CG -20
RS-10
CN -10
RS -10
N W
a
_\ , w ,_ co
RS-10 W E o x
I Z 0
_ 3 0.
CN -10 a
S
RS -10
CN -10 RS -10 CN -10
RS -f0 RS -10
290 145 0 290 580 870 1,160 1,450
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 10,000- SQUARE FEET (RS -10)
TO NEIGHBORHOOD COMMERCIAL 20,000- SQUARE FEET (CN -20)
AT WAIAKEA, SOUTH HILO , HAWAII FOR REFERENCE
PREPARED BY: PLANNING DEPARTMENT ONLY
COUNTY OF HAWAII
TMK: 2 -2- 040:121 Date: October 22, 2007
EXHIBIT "A" (Jinsoo P. & Ran Hui P. lida:1237)
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Introduced By: Donald Ikeda ROLL CALL VOTE
,r , f '* I', t „.
_
Date Introduced: October 20, 2010 ' AYES _ NOES AB S EX
First Reading: October 20, 2010 Enriques X
Published: October 30 , 2010 Ford X
Greenwell X
REMARKS: Hoffmann X
Ikeda X
Naeole- Beason X
Onishi X
Yagong X
Yoshimoto X
Second Reading: November 4, 2010 7 2 0 0
To Mayor: November 16 , 2010
Returned: November 24, 2010 ROLL CALL VOTE
Effective: November 24, 2010 AYES NOES ABS EX
Published: December 3, 2010 Enriques X
Ford X
REMARKS:
Greenwell X
Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
5 2 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
i._,......_.
indicated above.
APPROVED --., c ID(
FOR Y• ``
COUNCIL C IRMAN
DEPUTY CORP ION COUNSEL
COUNTY OF AWAIT
NOV . '� ' OU Y CLERK
Date 0 2 2 2010 1
302
sapp
�-- roved/D Bill No.:
d Reference: C- 951 /PC -100
roved this ay
Ord No.: C -..
o f 8 A.P 11 i ,%•vt, lr , 20 I V .
\.._C:::S:
MAYOR, COUNTY OF HAWAII