HomeMy WebLinkAboutBIL 204 Draft 01 2016-2018 .SY.oF N•
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 204
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 06 47, WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL(CG-10)
AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-028:030, 032
AND 033.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 06 47 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 ([2005]
2016 Edition, as amended), 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.
[1. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
2. The proposed development shall be established within one (1)year from the
effective date of this ordinance. This time period shall include-securing Final Plan
Planning Director in accordance with Section 25 2 70, Chapter 25 (Zoning Code),
Hawaii County Code. Plans shall identify all existing and/or proposed structures,
paved driveway access and parking stalls associated with the development.
Landscaping shall also be indicated on the plans for the purpose of mitigating any
adverse noise or visual impacts to adjac nt properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping Requirements).
3. All structures on the properties shall comply with the height limit requirements
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building permit.
4. Construction activities on the properties shall be limited to 7 a.m. to 5 p.m.,
Mondays through Saturdays.
5. A 10 foot wide future road widening strip along Kilauea Avenue shall be
delineated on the plans submitted for Plan Approval review. No structural
improvements shall be allowed within this road widening strip, provided
however, that any required landscaping may be permitted within this strip.
Further, applicable setbacks shall be taken from the 10 foot future road widening
strip line.
6. Access to Kilauea Avenue shall be limited to a single location. All driveway
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connections to Kilauea Avenue shall conform to Chapter 22, County Streets, of
the Hawaii County Code.
7. The applicant shall also install street lights and traffic control devices as required
by the Traffic Division, Department of Public Works. The applicant shall be
responsible for the design, purchase, and installation of such devices. All of the
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Certificate of Occupancy.
8. The applicant shall provide reconstruction improvements to the curb and sidewalk
fronting the subject properties along Kilauea Avenue in a manner meeting with
the approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy.
9. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
10. 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.
11. Construction within the designated flood zone shall conform to Chapter 27, Flood
Control, of the Hawaii County Code. No additional structure shall be built in the
AE zone or shaded Zone X Flood Zones. Such construction in the areas currently
mapped in the AE or shaded X Flood Zones shall be allowed if the owner secures
a letter of map revision.
12. Sewer lines shall be installed within the development to connect with the County's
sewer system, meeting with the approval of the Department of Environmental
Management, and prior to the issuance of a Certificate of Occupancy.
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1. $3,162.49 per multiple family residential unit to the
park and recreational improvements and facilities;
2. $99.95 per multiple family residential unit to the County to support police
facilities;
3. $307.46 per multiple family residential unit to the County to support fire
facilities;
4. $137.04 per multiple family residential unit to the County to support solid
waste facilities; and
5. $2,704.31 per multiple 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
Director, upon consultation with the appropriate agencies and approval of the
County Council.
Article 1, Hawaii County Code, relating to affordable housing policy. This
requirement shall be approved by the administrator of the Office of Housing and
Community Development.
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17. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
18. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
19. An initial extension of time for the performance of conditions within the
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circumstances:
1. The non performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its 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
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.
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O. --� - ---
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.]
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant, its successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements, including impacts to
state waters and fire code.
C. Construction of the proposed commercial development or use of the property, as
substantially represented or as permitted by the zoning district classification, shall
be completed within five (5) years from the effective date of this amended
ordinance. Prior to construction, the applicant, successors or assigns shall secure
Final Plan Approval for the proposed commercial development or use of the
property 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 proposed structure(s), signage, fire protection measures, outdoor lighting
(outdoor lighting shall be shielded with light directed downwards), future road
widenings, paved driveway access and parking stalls associated with the proposed
commercial development or use. Landscaping shall be indicated on the plans for
the purpose of mitigating any adverse noise or visual impacts to adjacent
RS-zoned properties in accordance with the requirements of Planning
Department's Rule No. 17 (Landscaping Requirement) standards.
D. All structures on the properties shall comply with the height limit requirements
and setback requirements for the RS-10 district at the time of issuance of the
building permit.
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1
E. Construction activities on the properties shall be limited to 7 a.m. to 5 p.m.,
Mondays through Saturdays. Best Management Practices (BMPs) shall be
implemented. Noise from construction activities and operations, and method of
fugitive dust control shall meet the standards and requirements of the State
Department of Health.
F. A 10-foot wide future road-widening strip along Kilauea Avenue shall be
delineated on the plans submitted for Plan Approval review. No structural
improvements shall be allowed within this road-widening strip, provided
however, that any required landscaping may be permitted within this strip.
Further, applicable setbacks shall be taken from the 10-foot future road widening
strip line.
G. Prior to the issuance of a water commitment(s) by the Department of Water
Supply, the applicant shall submit the anticipated maximum daily water usage
calculations to the DWS prepared by a Hawai`i-state licensed professional
engineer whose license is current, valid and in good-standing with the State
Department of Commerce and Consumer Affairs.
H. The applicants shall submit and maintain the required water commitment
payment(s) to the Department of Water Supply in accordance with its "Water
Commitment Guidelines Policy"upon the DWS determination of the water
commitment deposit amount and the prevailing facilities charge.
Subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the
applicant shall be responsible for the relocation and adjustment of the Department
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of Water Supply's affected water system facilities, should they be necessary,
which may include conveying the water system improvements and necessary
easements to the Water Board.
J. The applicants 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 as required, which must be inspected and approved by the
Department of Water Supply prior to activation of water service.
K. Access to Kilauea Avenue shall be limited to a single location. All driveway
connections to Kilauea Avenue shall conform to Chapter 22, County Streets, of
the Hawai`i County Code.
L. The applicant shall also install street lights and traffic control devices as required
by the Traffic Division, Department of Public Works. The applicant shall be
responsible for the design, purchase, and installation of such devices. All of the
roadway improvements to Kilauea Avenue shall be completed prior to receipt of a
Certificate of Occupancy.
M. The applicant shall provide reconstruction improvements to the curb and sidewalk
fronting the subject properties along Kilauea Avenue in a manner meeting with
the approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy.
N. Should the applicants, 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 applicants shall implement, when
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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.
O. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
P. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control of the Hawai`i County Code.
Q. 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.
R. Construction and/or the conversion of the dwellings into office use or other uses
within the designated flood zone shall conform to Chapter 27, Flood Control, of
the Hawaii County Code and the flood zone boundaries as depicted by the State
of Hawai`i, Department of Land and Natural Resources, Flood Hazard
Assessment Tool (http://gis.hawaiinfip.org/FHAT). No additional structure shall
be built in the AE zone or shaded Zone X Flood Zones. Such construction in the
areas currently mapped in the AE or shaded X Flood Zones shall be allowed if the
owner secures a letter of map revision.
S. Sewer lines shall be installed within the development to connect with the County's
sewer system, meeting with the approval of the Department of Environmental
Management, and prior to the issuance of a Certificate of Occupancy.
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T. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
U. An Emergency Evacuation Plan shall be submitted to the Hawai`i County Civil
Defense Agency for review and approval prior to the issuance of Final Plan
Approval. A copy of the approved plan shall be submitted to the Planning
Department for their files.
V. In the unlikely event that any surface or subsurface historic properties and/or
resources, such as lava tube openings, concentrations of artifacts, structural
remains or human skeletal remains are found during construction activities, the
applicant shall cease work in the immediate vicinity of the find, protect the find
from additional disturbance and immediately contact the State Historic
Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance.
The applicant shall also notify the Planning Department immediately after
contacting the DLNR-SHPD. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
W. If the applicant, successors, or assigns develop residential units on the subject
properties in excess of the units allowed by the current RS-10 zoning, the
applicant shall make its 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
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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$9,195.34 per
multiple 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 shall be allocated
as follows:
1. $4,535.80 per multiple family residential unit to the County to support
park and recreational improvements and facilities;
2. $143.36 per multiple family residential unit to the County to support
police facilities;
3. $440.97 per multiple family residential unit to the County to support fire
facilities;
4. $196.54 per multiple family residential unit to the County to support solid
waste facilities; and
5. $3,878.67 per multiple 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,
s olice solid waste dis p osal facilities and roads within the re.ion im s acted b the
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proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
X. To insure 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.
Y. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
Z. 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 applicant, its 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.
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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.
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 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. [ - - • - . . - • ::- : - : -'s ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.] Severability. If any provision of this
ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity
does 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 severable.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
)---
COUNCIL MEMBER, C TY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1135
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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 (RS-10)
TO GENERAL COMMERCIAL (CG-10)
AT WAIAKEA, SOUTH HILO, HAWAI I
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-2-028'030, 032,033 Date September 15, 2005
EXHIBIT "A" ONLY, (J�nice Oshiro•1175)
FOR REFERENCE