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Home My WebLink AboutORD 2019-017 2018-2020 `'�` I`I COUNTY OF HAWAII ��==�.�/ * STATE OF HAWA • +�•�, Nw IPCµ '.\\ BILL NO. 6 ORDINANCE NO. 19 17 AN ORDINANCE AMENDING ORDINANCE NO. 07 26, WHICH RECLASSIFIED LANDS FROM OPEN (0) TO MULTIPLE FAMILY RESIDENTIAL— 1,000 SQUARE FEET (RM-1) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-057:029, POR. 030 & POR. 031 (FORMERLY 2-4-057:001). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1 and Section 2 of Ordinance No. 07 26 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)] (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] Waiakea , South Hilo, Hawai`i, shall be Multiple Family Residential— 1,000 square feet (RM-1): Beginning at the southeast corner of this parcel, being also the south corner of an Abandoned Railroad Right-Of-Way and on the northwesterly side of Kawili Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI", being 5,217.14 feet South and 7,329.63 feet East, thence running by azimuths measured clockwise from true South: 1. 58° 10' 752.06 feet along Kawili Street; 2. Thence along the north corner of the intersection of Kawili and Kapiolani Streets on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 103° 10' 42.43 feet; 3. 148° 10' 297.86 feet along Kapiolani Street; -1- 4. 238° 10' 540.89 feet along Grant S-14,064 to The Protestant Episcopal Church in the Hawaiian Islands, the remainder of Governor's Executive Order No. 4014 and the remainder of Government (Crown) Land; 5. 328° 10' 179.52 feet along Grant S-14,827 to Hilo Meishoin; 6. 238° 10' 241.17 feet along Grant S-14,827 to Hilo Meishoin; 7. 328° 10' 148.34 feet along an Abandoned Railroad Right-Of- Way to the point of beginning and containing an area of 4.888 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 [(200-5 Edition)](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. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [The required water commitment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one -2- - -- -- -• - - - -- -- - - - - -.] The required water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this amended 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 development until such time that required water facilities charges are paid in full. C. Construction of the proposed development shall be completed within [five (5)] ten (10) 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 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 access 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. D. All driveway connections to Kawili Street, Kapi`olani Street and Ululani Street shall conform to Chapter 22, County Streets, of the Hawai`i County Code. E. The applicant shall provide full improvements to the entire frontage along Kapi`olani Street 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. -3- F. The applicant shall also install street lights and traffic controls as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. G. 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. H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. I. 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 pennit. 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. J. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. K. The applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. Sewer lines or other facility improvements shall be installed 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. L. In lieu of paying the fair share contribution, the applicant shall develop a multi- purpose facility. -4- M. 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. N. 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 for any new residential structures, or prior to issuance of building permits [in] if the site is developed with single-family dwellings. O. [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 Preservation Division (DLNR SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR SHPD when it - --' '• '-- -- - - -- --.] 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. P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -5- Q. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. R. [A • .• _ ••- = : :r • - :•:• -•- -* :*-.- --. • 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.] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawai`i County Council for appropriate action. 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. -6- SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. [ - - - . -- - - - - -' - -- •- • . - invalidity shall not affect the other :. : - . . . -. 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." SECTION 4.This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF API Hilo , Hawai`i Date of Introduction: January 23, 2019 Date of 1st Reading: January 23, 2019 Date of 2nd Reading: February 5, 2019 Effective Date: February 20, 2019 RertteNet Noir. 28 -7- RM-1.5 I RS-10 ; RS-10 RS-10 CN-10 RS-f0 - 4 - MANUML i.N' t _ R 1 RS-f0 R 1 RS-10 1 s-10 to t.--.—...,........--,--....,-7-+.-U —..^.,.r - _ - J KINOOLE ST Q '-0 RS40 a Z. > -R641 RS-1O RS-i0 U � v RS-10 i *--k 1 RS-10 —,--______—_ : - , E T RM-1 5,217.14 S RM-1 - 7,,3A29,63 E uHALAtu® ULULAHI ST RM-1C RM-1 .. • • RM-1 ' ' RS-10 RM-1 KAPK B AN1 ST W OPEN(o)To MULTIPLE-FAMILY -4 RS-10 RESIDENTIAL-1,004 SQ FT(RM-1) Rs-10 ` 4.888 ACRES 280 140 0 280 560 840 1 120 1 Feet 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 OPEN (0) TO MULTIPLE-FAMILY RESIDENTIAL-I,900 SQ. FT. (RM-1) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-4-057:029,Por.030&Por.031 (formerly 2-4.057:001) Date:November 16,2006 EXHIBIT"A" (Hawaii Island Veterans'Memorial,Inc.:1216) TY COUNTY OF OFFICE OF THE COUNTY CLERK `' ' #_ AWAII ��' County of Hawai`i Hilo, Hawai`i � P 4 4 +,....... ,kms. rfs Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE Date Introduced: January 23 , 2019 AYES NOES ABS EX First Reading: January 23 , 2019 Chung X Published: February 2, 2019 David X Eoff X REMARKS Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X Second Reading: February 5, 2019 8 0 1 0 To Mayor: February 13 , 2019 Returned: February 21, 2019 ROLL CALL VOTE Effective: February 20, 2019 AYES NOES ABS EX Published: March 2, 2019 Chung X REMARKS: David X Eoff X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPERSO 111 pprovedi I isapproved this day of r , 20 ICI . COUNTY CLERK Bill No.: 6 MAYO', CO ' NFHA AI`I C-28/PC-3 Reference: 19 17 Ord No.: