HomeMy WebLinkAboutCOM 0495.003 2014-2016 NSY OFM
DENNIS "FRESH"ONISHI - ° '''''•• ' PHONE: (808)961-8396
FAX: (808)961-8912
Council Member � �.��s, �•,t'i EMAIL:doni.rhi'i2hairniicaun
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District 3
74 OF.NF'.1
HAWAII COUNTY COUNCIL
25 Aupuni Street, Hilo, Hawai`i 96720
MEMORANDUM
DATE: April 1, 2016 v
- -
TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawai`i County Council
,0 �
FROM: Dennis "Fresh" Onishi, Council Member (310
SUBJECT: Proposed Amendments to Bill 102; An Ordinance Amending Ordinance No. 10-
110, Which Amended 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.
Please find below proposed amendments to Bill No. 102. The proposed amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 102 (material to be deleted
is bracketed and stricken, material to be added is underscored). A draft copy of proposed Bill
No. 102, Draft 2, is attached with the amendments incorporated therein.
1. Bill No. 102 is amended by amending condition"B" in SECTION 2 of the bill, to read as
follows:
"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 180 days from the effective date of[Ordinance No. 10
110.] this amended ordinance."
2. Bill No. 102 is amended by amending condition"D" in SECTION 2 of the bill, to read as
follows:
"D. Construction of the proposed improvements shall be completed within five (5)
years from the effective date of[Ordinance No. 10 110.] 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
Comm. No. I/q '3
Hawai`i County is an Equal Opportunity Provider and Employer. Ref. Da Pi���
Ref. Dare APR 0 5 2016
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."
3. Bill No. 102 is amended by amending condition"G" in SECTION 2 of the bill, to read as
follows:
"G. The applicants shall provide their pro-rata share for the construction of full
improvements to the entire property frontage along Kilauea Avenue
consisting of, but not limited to, pavement [shoulder] widening[;] with
concrete curb, gutter and sidewalk, drainage improvements, and any
required utility relocation, meeting with the approval of the Department of
Public Works. [ - . . --- - . . • -•- - • . - .•
- .. - . . ' the Plante Department and be
completed within five (5) years from the effective date of the original
ordinance.] This pro-rata share for roadway improvements specified in this
condition shall be determined by the Department of Public Works and shall
become due and payable to the County of Hawai`i within six (6) months
from the date that formal notice is served upon the applicant, its successors
or assigns by the Department of Public Works regarding a program for the
installation of curb, gutter and sidewalk improvements along the frontage of
Kilauea Avenue in proximity to the subject property."
DO:de
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AN ORDINANCE AMENDING ORDINANCE NO. 10-110, WHICH AMENDED
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,
HAWAII, COVERED BY TAX MAP KEY 2-2-040:121.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 10-110 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 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 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
Avenue to the point of beginning and
containing an area of 23,559 Sq. Ft.,
more or less.
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
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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. 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.
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
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with the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements) standards for CN zones adjoining a RS zone.
E. Access to 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 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 Avenue shall be
subdivided and dedicated to the County of Hawai`i within five (5) years from the
effective date of the original ordinance.
G. The applicants shall provide their pro-rata share for the construction of full
improvements to the entire property frontage along 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. [ •- : : - --- • . . . -
and be completed within five (5) years from the effective date of the original
ordinance.] This pro-rata share for roadway improvements specified in this
condition shall be determined by the Department of Public Works and shall
become due and payable to the County of Hawai`i within six (6) months from the
date that formal notice is served upon the applicant, its successors or assigns by the
Department of Public Works regarding a program for the installation of curb,
gutter and sidewalk improvements along the frontage of Kilauea Avenue in
proximity to the subject property.
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 Avenue shall be completed prior to a Certificate of
Occupancy.
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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.
L. 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.
M. 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
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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;
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.
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.
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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.
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.
Q. The applicants shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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.
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.
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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 through. New material is
underscored.
SECTION 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall 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 declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
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