HomeMy WebLinkAboutORD 2012-111 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 229
ORDINANCE NO. 111
AN ORDINANCE AMENDING ORDINANCE NO. 99 116 WHICH AMENDED
ORDINANCE NO. 96 159 WHICH AMENDED SECTION 25 -8 -33 (CITY OF HILO ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
1983 (2005 EDITION) (formerly referred to as Section 25 -114, City of Hilo Zone Map, Article 3,
Chapter 25, Zoning Code) BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD
COMMERCIAL — 7,500 SQUARE FEET (CN -7.5) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY NOS. 2 -2- 044:003, 031, 032, 035, AND 037.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 99 116 is amended as follows:
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SECTION 2. The following amendments to Ordinance No. 99 -116 shall apply only to
Tax Map Key Nos. 2 -2 -044: 031, 032, 035 and 037. 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 applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The anticipated maximum daily water usage shall be submitted and the required
water commitment payment shall be submitted to the Department of Water Supply
in accordance with its "Water Commitment Guidelines Policy" prior to securing
Tentative Subdivision Approval.
C. Final Subdivision Approval of the proposed consolidation/resubdivision of the
subject property shall be secured within five (5) years from the effective date of
[the rezoning]this amended ordinance. The subdivision plans shall delineate a 10-
foot wide road widening strip along the Kahaopea Street frontage.
D. In conjunction with the submittal of plans for subdivision review or plan approval
review, a master plan for the subject property shall be filed with the Planning
Director. Final Plan Approval for the subject property and related improvements
shall also be secured from the Planning Director. Plans to be submitted for final
subdivision approval or final plan approval shall also comply with the approved
master plan and all conditions of approval set forth in this ordinance. The purpose
of the master plan is to provide comprehensive principles and guidelines for the
commercial and residential development within the subject property in order to
assure that the development is compatible with the surrounding area. The master
plan shall include, but not be limited to, standards and guidelines relative to open
space, architecture building controls (appearance, siting, heights, building
materials, signs, etc.), terrain, topography, off - street parking, landscaping,
setbacks from property lines and buildings, lot coverage ratio, etc. and
enforcement procedures. A Landscaping Plan, in accordance with Planning
Department's Rule 17 shall also be submitted to include landscaping along
property boundaries, for the purpose of mitigating any potential adverse noise and
visual impacts to adjoining parcels and the intersection. Multiple - family
residential structures shall be designed to be in keeping with the single family
residential character of the surrounding area.
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E. If required by the Planning Director, [a]an updated Traffic Impact Analysis Report
shall be submitted for review and approval by the Department of Public Works
and the Department of Transportation (DOT) prior to the submittal of plans for
subdivision review. Prior to the issuance of the certificate of occupancy for any
portion of the subject property, the applicant shall be responsible for constructing
and /or paying for its pro rata share of intersection improvements at the
intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic
mitigation measures required by the Traffic Impact Analysis Report for the subject
property meeting with the approval of the Department of Public Works and
Department of Transportation, should the proposed intersection improvements not
be commenced by the DOT.
F. A Solid Waste Management Plan for the subject property shall be submitted to the
Department of Environmental Management for review and approval [to the
Department of Public Works in conjunction with the su
plans or plan approval to the Planning Department] prior to Final Plan Approval.
G. The applicant shall obtain, if required, a [FEMA letter] Letter of Map Revision
[(LOMAR)] (LOMR) from FEMA for the subject property prior to securing Final
Subdivision Approval of final plan approval, whichever occurs first.
H. Drainage improvements, if required, shall be constructed in a manner meeting
with the approval of the Department of Public Works prior to securing Final
Subdivision Approval or final plan approval for the subject property, whichever
occurs first.
I. Prior to securing final subdivision approval or the issuance of certificate of
occupancy for the subject property, which ever occurs first, the south side of
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Kahaopea Street shall be improved and widened with the construction of curb,
gutter and sidewalk improvements (with pavement widening and transitions)
fronting the subject property between Kanoelehua Avenue and the access road to
the subject property meeting with the approval of the Department of Public Works
and shall be dedicated to the County upon its request. For the area fronting the
subject property between the access road and the eastern boundary, these or other
improvements may be required by the Department of Public Works provided that
no major drainage structures, such as a bridge or culvert, are required by such
improvements.
J. Accesses to the property and all roadways within the subject property shall meet
with the requirements and approval of the Planning Director, upon consultation
with the Department of Public Works and /or the State Department of
Transportation. Access to the subject property shall be by the way of the Awapuhi
Street extension or an alternate access point as agreed upon by the Planning
Director, upon consultation with the Department of Public Works and/or State
Department of Transportation.
requirements of affected agencies.
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L. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, the applicant shall secure the c
Housing and Community Development that the applicant's affordable housing
been mutually agreed to prior to Final Subdivision Approval for any portion of the
subject property.
M. The applicant shall make its fair share contribution to mitigate the potential
police, solid waste disposal facilities, and roads. The amount of the fair share
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residential units proposed to be developed by the amounts allocated hereinbelow
approval or final plan approval of each increment shall be a sum calculated in the
each such increment. The fair share contribution may be in a form of cash, land,
with the affected agencies. The fair share contrib
E - -
fair share contribution is $116,132.25 for the multiple family residential units and
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the total amount shall be increased or reduced in proportion with the actual
number of units according to the calculation and payment provisions set forth in
this Condition M. The fair share contribution shall be allocated as follows:
1. $2,291.39 per multiple family residential unit for an indicated total of
a*,
indicated total of $41,890.20 to the County to support park and
recreational improvements and facilities;
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total of $2,020.80 to the County to support police facilities;
3. $222.77 per multiple family residential unit for an indicated total of
$5,569.25 and $332.61 per single family residential unit for an indicated
total of $3,991.32 to the County to support fire facilities;
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1. $99.29 per multiple family residential unit for an indicated total of
$2,484.25 and $145.62 per single family residential unit for an indicated
5. $1,959.42 per multiple family residential unit for an indicated total of
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indicated total of $37,220.16 to the Stat
traffic improvements.
The fair share contributions described above shall b
change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair
share contribution, the applicant may construct and contribute
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 approval of the director. The cost of providing and
constructing the improvements required in Condition E, I, and J shall be credited
the cost of any improvements required or made in lieu of the fair share contribution
fate agencies.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, condition:,
Fees Ordinance.
O. An initial extension of time for the performance of conditions within the
circumstances:
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1. The non performance is the result of conditions that could not have been
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; and
1. 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
P. Should any of the conditions not be met or substantially complied with in a timely
appropriate designation.]
K. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
L. All development - generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties.
M. Comply with Chapter 11 -55, Water Pollution Control, Hawai`i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction
activity.
N. All earthwork activity, including grubbing and grading, shall conform to Chapter 10,
Erosion and Sedimentation Control of the Hawai`i County Code.
0. Construction activities must comply with the provisions of Hawai`i Administrative
Rules, Chapter 11 -46, "Community Noise Control."
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Should an remains of historic sites such as rock walls terraces • latforms 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 mitigation measures have been taken.
If the applicant, successors, or assigns develop residential units or lots on the subject
properties, the applicant, successors, or assigns 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. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval or Final Plan Approval, whichever is applicable. The fair share
contribution shall be based on the actual number of residential units or lots
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 maximum combined value of
$7,903.35 per multiple family residential unit ($12,316.47 per single family
residential unit). The total amount shall be determined by the actual number of units
or lots according to the calculation and payment provisions set forth in this condition.
The fair share contribution per multiple family residential unit (single family
residential units) shall be allocated as follows:
1. $3,898.50 per multiple family residential unit ($5,939.22 per single
family residential unit) to the County to support park and recreational
improvements and facilities;
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2. $123.21 per multiple family residential unit ($286.51 per single family
residential unit) to the County to support police facilities;
3. $379.01 per multiple family residential unit ($565.89 per single family
residential unit) to the County to support fire facilities;
4. $168.93 per multiple family residential unit ($247.75 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,333.69 per multiple family residential unit ($5,277.10 per single
family residential unit) to the County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the applicant, successors or assigns
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. The cost of providing and
constructing the improvements required in Condition E, I and J shall be credited
against the sum specified in Condition Q(5) for road and traffic improvements.
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. 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 prior to Final Subdivision Approval.
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T. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
U. 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. Further, 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 3. Material to be deleted is bracketed and struck through and material to be
added is underscored.
SECTION 4. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Kona , Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
COUNCIL M lyi ER; 'COUNTY OF HAWAII
July, `3, 2012
July 3, 2012
July 19, 2012
August 10, 2012
kb1 ktNCE: Comm.
Comm. 669/Bill 229
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS -10) TO NEIGHBORHOOD COMMERCIAL (CN -7.5) AT
WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-2-44: 3,31,32,35 sand 37
EXHIBIT "A"
FOR REFERENCE ONLY
OCTOBER 15 1996
(TRI- ELECTRIC)
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS.
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i
Pete Hoffmann
July 3, 2012
July 3, 2012
July 14, 2012
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
July 19, 2012
July 27, 2012
August 10, 2017
August 10, 2012
August 21, 2012
f E °ROLL CIALI,�V E
AYES
NOES
ABS
EX
Blas
X
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
X
Smart
X
Yagong
X
Yoshimoto
X
7
2
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
7
1
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO AND LEGALITY:
DEPUTY CORPORATrON C„ UNSEL
COU TY OF HAWAII
Date
JUL 31 2012
"COUNCIL CH
'COUNTY CLERK
Bill No.:
Reference:
Ord No.:
229
C- 669/PC -54