HomeMy WebLinkAboutCOM 0508.001 2006-2008 K Angel Pilago vv o. Phone No.: (808) 327-3642
Council Vice Chair ~
" ~~~y Fax No.: (808) 329-4786
Counci! Member, District 8 E-Mail: kapilago@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
75-5706 Haaama Place, Suite /09
Kailua-Kona, Hawaii 96740
DATE: August 2, 2007
TO: Pete Hoffmann, Council Chair
(And Council Members
FROM: ~~1~. Angel Pilago, Chair
Committee on Planning
RE: Proposed Amendment to Bill 125 (Relating to an Ordinance Amending
Ordinance No. 93 101, which reclassified Lands from Office Commerical -
20,000 Square Feet CO-20) to General Commercial -20,000 (CG-20) at Waiakea,
South Hilo, Hawaii, Covered by Tax Map Key 2-2-021:007 (Formerly 2-2-
021:007 and 045)
Applicant: Dr. Brian and Ramona Sakamoto
This communication transmits a proposed amendment to Bill 125 to include a provision for
required parking spaces, pursuant to Section 25-4-51(a)(3), Hawaii County Code 1983 (2005
Edition, as amended).
The proposed amendment adds a sentence at the end of Condition `B.', and would read as
follows:
B. Final Plan Approval for the proposed commercial building and related improvements
shall be secured from the Planning Director within one year from the effective date of
this amendment. To assure adequate time for plan approval review and in accordance
with Chapter 25-2-70, (Zoning 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) and Section 25-5-117 (Landscaping of Yards in tdhe CG
Comm. No. Sb 0 • ~
Ref. To: Ut.fle.: 1
Ref. Dote I~
Hawaii Caunry /s An Equal Opportunity Provider And Employer
Pete Hoffmann, Chair, and Council Members
August 2, 2007
Page 2 of 2
District). Parkin¢ spaces for the proposed commercial building and related
improvements shall meet the requirements of Section 25-4-51(a)(3), Hawaii County
Code, (Required number of narking spaces);
Attached to this transmittal communication is a draft of Bill 125, Draft 2 with the
aforementioned amendment incorporated and bolded for illustrative purposes to differentiate this
proposed amendment with previously made amendments to Ordinance No. 93-101.
KAP/mpd
Att.
AN ORDINANCE AMENDING ORDINANCE NO. 93 101, WHICH RECLASSIFIED LANDS
FROM OFFICE COMMERCIAL - 20,000 SQUARE FEET (CO-20) TO GENERAL
COMMERCIAL - 20,000 SQUARE FEET (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-021:007 (FORMERLY 2-2-021:007 AND 046).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Ordinance No. 93 101 is amended as follows:
"SECTION 1. Section [~5-I4-4] 25-8-33, Article [3] 8 Chapter 25 (Zoning Code) of the
Hawaii 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,
Hawaii, shall be General Commercial - 20,000 squaze feet (CG-20):
SECTION 2. 'r"• " a:..._:°, •a °..a:,:,...°a . ~ tt,e F ii°...:.,,..]
[rxxxsvmsrgc-irrarocrxvrcnxo:raxoucxoxx xS c »i•~ ••b.
In accordance with Section 25-2-44 Hawaii County Code 1983 (2005 Edition), the County
Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanatine from the land use
proposed with respect to:
Protection of the public from the potentially deleterious effects of
the proposed use, or
Fulfillment of the need for public service demands created by the
proposed use.
A. [t]The applicant, successors, or assigns shall be responsible for complying with all
of the stated conditions of approval;
B. [f]Final Plan Approval for the proposed commercial building and related
improvements shall be secured from the Planning Director within one year from
the effective date of °~a~°°~°°]this amendment. To assure
adequate time for plan approval review and in accordance with Chapter 25-[244}
2=70~ (Zoning Code), plans shall ^ ^°r r...° inc~ ,1^..^
. r.. rl,° .i..r° F «...1.:..1. «1...... ..1 «..^r 1.° ^ «°.7 Dl.,.,.. ^l,^ll ;n^l,.~o ^
...°.-r;°^ F «fl.° « ..C.....:4: ,.^ti«.. n «..r°«tinl n.7v°«n°.. ..A. ml
masts] 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 mitisatinff any adverse noise or
visual impacts to adjacent properties in accordance with the reauirements of
Plannins Department's Rule No. 17 (Landscaping Requirements) and Section 25-
5-117 (Landscaping of Yazds in the CG District). Parkins spaces for the
proposed commercial buildins and related improvements shall meet the
requirements of Section 25-4-51(a)(31, Hawaii County Code, (Required
number of parkins spaces);
C. [s]Construction of the proposed commercial development shall be completed
within three (3) years from the date of issuance of Final Plan Approval;
D. [a]Access to the subject property from Lanihuli Street shall meet with the
approval of the Department of Public Works;
E. [r]Roadway improvements to Lanihuli Street, to include curb, gutter and sidewalk
improvements and required pavement transition areas, shall be constructed along
the project site's entire Lanihuli Street frontage in a manner meeting with the
approval of the Department of Public Works, prior to the issuance of a
[s]Certificate of [e]Occupancy for any portion of the proposed development;
F. [d]Drainage improvements, if required, shall be installed in a manner meeting
with the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy for any portion of the proposed development;
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G. [iv] Wastewater generated by the proposed development shall be disposed of in a
manner meeting with the approval of the Department of Health;
H. [s]Should any unidentified sites or remains, such as artifacts, shell, bone or
charcoal deposits, human burials, rock or coral alignments, pavings or wall be
encountered, work within the affected azea shall cease and the Planning Director
immediately notified. Subsequent work shall proceed upon an azchaeological
cleazance from the Planning Director when it finds that sufficient mitigative
measures have been taken;
°rr
°'=aie~]The applicant shall comply with all applicable County, State
and Federal laws, rules, regulations and requirements;
J. To ensure that the Goals and Policies of the Housing Element of the General Plan
aze implemented if applicable the applicants shall comply with the requirements
of Chapter 11 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 prior to final plan approval or final
subdivision approval for any new residential structures;
K. A Solid Waste Manaeement Plan shall be submitted to the Department of
Envirorunental Manaeement for review and approval prior to the issuance of a
Certificate of Occupancy.
L. If the applicants, successors, or assigns develop residential units on the subject
property the applicants shall make its fair share contribution to miti ate a the potential
regional impacts of the property with respect to parks and recreation, fire, police, solid
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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 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 percenta eg change
in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have
a maximum combined value of $6,653.40 per multiple family residential unit
($10,368.57 per single 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 (single family residential unit) shall be allocated as follows:
1. $3,281.93 per multiple family residential unit ($4,999.91 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $103.73 per multiple family residential unit ($241.20 per single family
residential unit) to the County to support police facilities;
3. $319.07 per multiple family residential unit ($476.39 per single family
residential unit) to the County to support fire facilities;
4. $142.21 per multiple family residential unit ($208.57 per single family
residential unit) to the County to support solid waste facilities; and
5. $2,806.46 per multiple family residential unit ($4,442.50 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paving the fair share contribution, the applicants may contribute
land and/or construct improvements/facilities related to parks and
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recreation, fire, police, solid waste disposal facilities and roads within the
re iog n 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;
r~ .n/ « e «,..w .,1. nll l,n ....1.«.:ke.7 a.. ?l.n Dln««:«,. il:..,,,.t,...
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«Aa..«.. ,.F n««.,...nl n «I:vA ..,al, Tl.:.. «Aa:,.« ..l...ll
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[l~]M. [s]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 may shall be credited towards the requirements
of the Unified Impact Fees Ordinance;
[IT]N. [a]An initial extension of time for the performance of conditions within
the ordinance maybe granted by the Planning Director upon the following
circumstances:
1) [t]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 or their fault or
negligence;
2) [g]Granting of the time extension would not be contrary to the
general plan or zoning code;
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3) [g]Granting of the time extension would not be contrary to the
original reasons for granting of the change of zone; and,
4) [t]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); and,
5) [I]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 Director [shall]may initiate rezoning of the area to its
original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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.
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