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Home My WebLink AboutORD 2017-014 2016-2018 COUNTY OF HAWAII •E4 h," •SSTATE OF HAWAII OF•N►. ORDINANCE NO. '� 7 14 BILL NO. 2 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL— 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-025:012. 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 (2016 Edition, as amended), 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 General Commercial— 10,000 square feet (CG-10): Beginning at the northwest corner of this parcel of land, and on the west side of Kilauea Street, the true azimuth traverse from the northwest corner of adjoining Lot 8 being 340° 05' 30" 88.62 to the point of beginning, the coordinates of said point of Lot 8 referred to Government Survey Triangulation Station "HALA`I" being 3,512.85 feet South and 7,342.26 feet East and running by azimuths measured clockwise from True South: 1. 340° 05' 30" 88.62 feet along the west side of Kilauea Street; 2. 58° 10' 185.90 feet along Lot 6; 3. 148° 10' 86.70 feet along Lot 9; 4. 238° 10' 204.20 feet along Lot 8 to the point of beginning and containing an area of 16,911 square feet. -1- 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. 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 CG zones adjoining a RS zone. The future road widening strip described in Condition G shall be delineated on the plan submitted for Plan Approval. -2- C. Prior to submitting plans for Plan Approval, the applicant shall submit for all uses on the property, the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai`i to the Department of Water Supply(DWS). A water commitment deposit shall be paid to the DWS prior to issuance of Final Plan Approval in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant shall construct necessary water system improvements as required by the DWS, which may include, but not be limited to, installing an additional or larger water meter. D. 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. E. 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) 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. F. The applicant shall reconstruct the damaged sidewalk fronting the subject property to a new concrete curb and full-width concrete sidewalk within the existing 60- -3- foot wide right-of-way, meeting with the approval of Department of Public Works, prior to the issuance of a Certificate of Occupancy for any commercial use on the property. 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. 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 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 property shall connect to the public sewer in accordance with Section 21-5 of the Hawai`i County Code prior to issuance of a Certificate of Occupancy. 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 -4- 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 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 residential unit) to the County to support police facilities; -5- • $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. 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. -6- 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). 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. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: January 25, 2017 Date of 1st Reading: January 25, 2017 Date of 2nd Reading: February 8, 2017 Effective Date: February 17, 2017 REFERENCE Comm. 17 -8- R5-10 CG-10 CG-20 R5-10 CG-10 ' R5-10 R5-10 ' CG-20 CG-20 CG- RS-10 3,572.85'5 E LANIKAULA ST CG-10 7,54225'5 R5-10 "FIALA?" SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10)TO GENERAL COMMERCIAL-10,000 SQUARE FEET(CG-10) 16,911 SQUARE FEET S OPEN CG-10 R5-10 R5-10 R5-10 OPEN R5-10 RM-4 RS-10 R5-10 R5-10 RS-10 7� RS-10 7L R5-10 RS-10 O_ O� CN-2 F r� RS-10 R5-10 CN-20 R5-10 R5-10 n R5-10 RS-10 RS-10 /�1 Feet 0 250 500 750 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL - 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TM K:(3)2-2-025:012 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:November 1,2016 EXHIBIT "A" Ngo Mao: 1381 COUNTY CLERK COUNTY OF HAWAIII OFFICE OF THE COUNTY CLERKRECEIVED Time I a:0-1 By County of Hawai`i Date FFB 21 2017— Hilo, Hawai`i Introduced By: Karen Eof f ROLL CALL VOTE Date Introduced: January 25, 2017 AYES NOES ABS EX First Reading: January 25, 2017 Chung X Published: February 4, 2017 David X Eoff X REMARKS. Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: February 8, 2017 9 0 0 0 To Mayor: February 16, 2017 Returned: February 21, 2017 ROLL CALL VOTE Effective: February 17, 2017 AYES NOES ABS EX Published: March 4, 2017 Chung X David X REMARKS' Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. ) T/),doeeD 012.`-ckl eiC -- COU IL CHAIRPERSON Apprved/ isapproved this ` day �4.101tVe t 11 O of , 20 NTY CLERK 2 Bill No.: MAYOR, COUNTY PIC-17/PC-2 Reference: Ord No.: 1714