HomeMy WebLinkAboutCOM 0718.004 2012-2014 J+ZV OS M''
DENNIS "FRESH" ONISHI - PHONE: (808)961-8396
Council Member :�.�,,��
,� i"� FAX: (808)961-8912
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District 3
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HAWAII COUNTY COUNCIL '
25 Aupuni Street, Hilo, Hawaii 96720
TO: J Yoshimoto, Council Chair «, -_,
and Members of the Hawai`i County Council 1
FROM: Dennis "Fresh" Onishi, Council Member —Av"`V t.-"
DATE: March 24, 2014
SUBJECT: Proposed Amendments to Bill No. 214; An Ordinance amending 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
Multiple-Family Residential—2,500 Square Feet (RM-2.5) to Multiple-Family
Residential — 1,500 Square Feet (RM-1.5) at Waiakea, South Hilo, Hawaii,
Covered by Tax Map Key: 2-4-028:009
Please find attached proposed amendments to Bill No. 214. The proposed amendments are
illustrated below in Ramseyer format with respect to the contents of Bill No. 214 (material to be
deleted is bracketed and stricken; material to be added is underscored).
Bill No. 214 is amended by adding new conditions of approval to Section 2, to read as follows:
"T. As agreed by the applicant, the minimum yard setback shall be 20 feet along all property
boundaries adjoining RS-7.5 zoned properties, except TMK 2-4-25:59.
U. As agreed by the applicant, the applicant, successors, or assigns shall provide an on-site
manager for the residential development.
V. As agreed by the applicant, the applicant shall install 6-foot high chain-link fencing along
all property boundaries adjoining RS-7.5 zoned properties. All existing perimeter rock
walls shall be kept in place, with the fencing installed on the inside of any existing rock
wall. pp
Comm.No 71&
Ref.To: iv,c.e. li r..
Hawai`i County is an Equal Opportunity Provider and Employer. Ref. Data ' '1111111PIE
March 24,2014
Page 2 of 2
W. As agreed by the applicant, all structures developed on the property may not exceed two
stories."
A draft copy of Bill No. 214, Draft 2, is attached with these proposed amendments
incorporated therein.
DO/ps
att.
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
MULTIPLE-FAMILY RESIDENTIAL—2,500 SQUARE FEET (RM-2.5) TO
MULTIPLE-FAMILY RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-028:009.
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 (2005 Edition), is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area situated at Waiakea, South
Hilo, Hawai`i, shall be Multiple-Family Residential— 1,500 square feet (RM-1.5):
Beginning at the southeast corner of this parcel of land and along the
northerly boundary of Lot 39, Hualalai Subdivision and along the southwesterly
side of Hualalai Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI", being 1,227.51 feet South
and 3,637.22 feet East, thence running by azimuths measured clockwise from true
South:
1. 58° 10' 433.93 feet along the remainders of L.P.
8063, L.C. Aw. 2663 to Kahue and
R.P. 6790, L.C. Aw. 2402 to
Keaniho (Lots 39, 38, 37, 36, 35, 34
and 33, Hualalai Subdivision);
2. 148° 10' 68.38 feet along the remainder of R.P.
6790, L.C. Aw. 2402 to Keaniho
(Lot 31, Hualalai Subdivision);
3. 76° 08' 45" 303.03 feet along the remainder of R.P.
6790, L.C. Aw. 2402 to Keaniho
(Lots 30, 29 and 28, Hualalai
Subdivision);
4. 184° 30' 324.02 feet along Lot 144, 143 and 142 of
Land Court Application 1205 (Map
51);
5. 277° 12' 320.40 feet along Lots 9-L-19 and 9-L-15 of
Land Court Application 1205 (Map
9) and Lot 169 of Land Court
Application 1205 (Map 72);
6. 255° 46' 154.80 feet along Lot 169 of Land Court
Application 1205 (Map 72);
7. 243° 28' 32.33 feet along Lot 169 of Land Court
Application 1205 (Map 72);
8. 328° 10' 121.35 feet along the remainder of L.P.
8063, L.C. Aw. 2663 to Kahue (Lot
1);
9. 238° 10' 120.00 feet along the remainder of L.P.
8063; L.C. Aw. 2663 to Kahue (Lot
1);
10. 349° 02' 19.67 feet along Hualalai Street;
11. 348° 02' 33.62 feet along Hualalai Street to the point
of beginning and containing an area
of 3.292 Acres.
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:
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(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. The applicant shall submit the anticipated maximum daily water usage
calculations, as recommended by a registered engineer, to the Department
of Water Supply, and secure water commitments in accordance with the
"Water Commitment Guidelines Policy", within one hundred and eighty
(180) days from the effective date of this ordinance.
C. Prior to the issuance of a Certificate of Occupancy, the applicant shall
extend approximately 260 lineal feet of 8-inch waterline from the existing
8-inch waterline within Kapi`olani Road to the subject property, provide
prevailing facilities charge(s), service lateral(s) and water meter(s), and
any other water system improvements as required by the Department of
Water Supply to provide County water to the proposed development.
D. The applicant shall install a reduced pressure type backflow prevention
assembly on private property within five (5) feet of any water meter(s)
serving the proposed development, which must be inspected and approved
by the Department of Water Supply before water service can be activated.
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E. The applicant shall be responsible for the relocation and adjustment of the
Department of Water Supply's affected water system facilities, should
they be necessary, due to construction of improvements within the road
right-of-way fronting the subject property.
F. 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.
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.
G. All driveway connections to Hualalai Street shall conform to Chapter 22,
County Streets, of the Hawai`i County Code.
H. Streetlights and traffic control devices, as may be required by the Traffic
Division, Department of Public Works, shall be designed, purchased and
installed by the applicant.
All development-generated runoff shall be disposed of on site and shall
not be it
d ected 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.
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J. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County
Code.
K. Comply with Chapter 11-55, Water Pollution Control, Hawai`i
Administrative Rules, Department of Health, which requires a NPDES
permit for certain construction activity.
L. The applicant shall complete and submit to the Department of
Environmental Management a sewer study for the proposed development
prior to Final Plan Approval. Should the existing sewer system in
Hualalai Street require upgrading due to development of the property, the
applicant shall bear the cost of the upgrade. Additionally, the applicant
shall install sewer lines within the development to connect with the
County's sewer system, meeting with the approval of the Department of
Environmental Management, prior to the issuance of a Certificate of
Occupancy.
M. 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.
N. 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.
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0. 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. 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$8,394.57 per multiple family residential unit ($13,081.99 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. $4,140.80 per multiple family residential unit ($6,308.37 per single
family residential unit)to the County to support park and
recreational improvements and facilities;
2. $130.87 per multiple family residential unit ($304.32 per single
family residential unit)to the County to support police facilities;
3. $402.57 per multiple family residential unit ($601.06 per single
family residential unit) to the County to support fire facilities;
4. $179.43 per multiple family residential unit ($263.15 per single
family residential unit)to the County to support solid waste
facilities; and
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5. $3,540.90 per multiple family residential unit ($5,605.09 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.
P. 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 of Housing and Community
Development prior to receipt of Final Plan Approval and/or Final
Subdivision Approval.
Q. 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.
R. The applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
S. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
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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.
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.
T. As agreed by the applicant, the minimum yard setback shall be 20 feet
along all property boundaries adjoining RS-7.5 zoned properties, except
TMK 2-4-25:59.
U. As agreed by the applicant, the applicant, successors, or assigns shall
provide an on-site manager for the residential development.
V. As agreed by the applicant, the applicant shall install 6-foot high chain-
link fencing along all property boundaries adjoining RS-7.5 zoned
8
properties. All existing perimeter rock walls shall be kept in place, with
the fencing installed on the inside of any existing rock wall.
W. As agreed by the applicant, all structures developed on the property may
not exceed two stories.
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.
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