HomeMy WebLinkAboutORD 2017-007 2016-2018 •
.OJMSY OF N,�,
COUNTY OF HAWAII STATE OF HAWAII
♦,FTE-----------------
BILL
OF-MF'----• BILL NO. 258
ORDINANCE NO. 17 7
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- 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD
COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY: 2-2-040:004.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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— 10,000 square feet (CN-10):
Beginning at the northwest corner of this parcel of land and on the east side of
Kilauea Avenue, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALA`I" being 9,367.25 feet South and 9,845.83 feet East
and running by azimuths measured clockwise from True South:
1. 265° 40' 242.00 feet along Lots A and B, being a
portion of Grant 10442 to Antoni F.
Martin;
2. 355° 40' 180.00 feet along Lot A-1, being a portion of
Grant 10551 to Edward Kazuo
Fujimoto;
3. 85° 40' 242.00 feet along Lot A-1,being a portion of
Grant 10551 to Edward Kazuo
Fujimoto;
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1
4. 175° 40' 180.00 feet along the east side of Kilauea
Avenue to the point of beginning and
containing an area of 1.000 acre.
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:
(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. Construction of the proposed development, as substantially represented by the
applicant, or as permitted by the zoning district classification, 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 proposed structure(s), paved driveway access and parking stalls
associated with the proposed development, with the appropriate yard setbacks
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taken from road widening as specified in Condition G. Landscaping shall 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) standards for CN zones
adjoining an RS zone.
C. Prior to the issuance of a water commitment by the Department of Water Supply
• (DWS), the applicant shall submit the anticipated maximum daily water usage
calculations for all water uses on the property as prepared by a professional
engineer licensed in the State of Hawai`i to the DWS. A water commitment
deposit shall be paid to the DWS within 180 days from the effective date of this
ordinance in accordance with Rule 5 of the Department of Water Supply's Rules
and Regulations. The applicant is responsible for maintaining valid water
commitments to support the proposed use until such time that required water
facilities charges are paid in full.
D. Based on the water usage calculations, the applicant shall install all improvements
deemed necessary by the Department of Water Supply.
E. The applicant shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the existing water meter and any additional water meters on
private property, which must be inspected and approved by the Department of
Water Supply. Installation of the backflow prevention assembly and relocation
and adjustment of the Department of Water Supply's water system facilities,
should they be necessary, shall take into consideration the future road widening
strip along Kilauea Avenue.
F. Should the applicant, successors or assigns develop a land use which the Planning
Department, in consultation with the Department of Public Works, determines
will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR)
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shall be submitted for review and approval by the Department of Public Works
prior to Final Plan Approval. The applicant shall implement, when required by
the Department of Public Works, at no cost to the County, any transportation
system improvements to Kilauea Avenue that may be deemed necessary by the
Department of Public Works.
G. A ten(10) foot wide future road widening strip along the property's Kilauea
Avenue frontage shall be subdivided and dedicated, at no cost to the County,
when required by the Department of Public Works. The applicant 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 the approval of the Department of Public
Works (DPW). This pro-rata share for roadway improvements specified in this
condition shall be determined by the DPW 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 DPW 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. Driveway connection(s) to the Kilauea Avenue shall conform to Chapter 22,
County Streets, of the Hawai`i County Code.
The applicant shall be responsible for the design, purchase, and installation of
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works.
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 Planning Department prior to Final
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Plan Approval. 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 method of sewage disposal shall meet with the requirements of the State
Department of Health.
L. 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
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
M. If the applicant, successors, or assigns develop residential units on the subject
property, 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 Plan
Approval. The fair share contribution for each unit 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 maximum combined value of$8,754.58 per multiple family residential unit
($13,672.20 per single family residential unit). The total amount shall be
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determined by 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 units) shall be allocated
as follows:
• $4,318.39 per multiple family residential unit($6,608.08 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
• $136.48 per multiple family residential unit($317.37 per single family
residentialunit) to the County to support police facilities;
• $419.84 per multiple family residential unit ($626.84 per single family
residential unit) to the County to support fire facilities;
• $187.12 per multiple family residential unit($274.44 per single family
residential unit) to the County to support solid waste facilities; and
• $3,692.75 per multiple family residential unit ($5,845.47 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicants, 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.
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• 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.
O. 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 Plan Approval.
P. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
Q. An initial extension of time for the performance of conditions within the
ordinance may be granted by the 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.
4. The time extension 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).
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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.
R. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject 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:
•
CO " CIL ME :ER, CO OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: December 21, 2016
Date of 1st Reading: December 21, 2016
Date of 2nd Reading: January 5, 2017
Effective Date: January 20, 2017
REFERENCE Comm. 1154
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R5-10
R5-10
R5-10
R5-10
.255 P.5-10
• R5-10 t345.55
"HALAT"
s '
d r k
R5-10 �
R540
CN-10
•
r
'D
C SINGLE FAMILY RESIDENTIAL—10,000 SQUARE FEET(RS-10)TO
D NEIGHBORHOOD COMMERCIAL-10,000 SQUARE FEET(CN-10)
1.000 ACRE
R5-10
N
E KAHAOPEA ST
SIV KAHAOPEA ST
R5-10 R5-30 R5-10 R5-10
Feet
0 100 200 300 • 400 500
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 - 10,000 SQUARE FEET (CN-10)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-2-040:004 COUNTY OF HAWAII, PLANNING DEPARTMENT •
DATE:September 7,2016
EXHIBIT "A" Oshiro
Mao: 1379
COUNTY CLERK
COUNTY OF HAWAI'I
OFFICE OF THE COUNTY CLERK RECEIVED
Time ��(S cuY► By �-
County of Hawai`i Date JAN 2 ( 7(117
Hilo, Hawai`i
Introduced By: Greggor Ilagan ROLL CALL VOTE
Date Introduced: December 21, 2016 AYES NOES ABS EX
First Reading: December 21, 2016 Chung X
Published: December 31, 2016 David X
Eoff X
REMARKS. Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
Second Reading: January 5, 2017 8 0 1 0
To Mayor: January 13 , 2017
Returned: January 20, 2017 ROLL CALL VOTE
Effective: January 20, 2017 AYES NOES ABS EX
Published: January 28, 2017 Chung X
David X
REMARK: Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
i ,(3ia,1_44kc./74,._)
COU ,IL CHAIRPE'SON
Approved/1 approved this day
of (A.A.,. 20 C.' NTY CLERK
258 (2014-2016)
Bill No.:
MAYOR, COUNTY HAWAIIC-1154/PC-82
Reference:
Ord No.: 17 7