HomeMy WebLinkAboutBIL 090 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 12 33 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED – 20,000 SQUARE FEET (RCX-20)
AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-038:028.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 12 33 is amended as follows:
SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 [(2005 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:
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.
The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval.
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 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 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 Chapter 25 (Zoning Code), Hawai‘i County Code.
[Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations prepared by a professional
engineer licensed in the State of Hawai‘i, and a water commitment deposit in accordance with the “Water Commitment Guidelines Policy” to the Department of Water Supply within 180 days
from the effective date of this ordinance.] Should the applicant, successors or assigns develop a use other than the proposed dental office use, the applicant shall submit 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. If required, a water commitment deposit
shall be paid prior to receipt of Final Plan Approval for the proposed use 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.
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 Kīlauea Avenue.
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 Kīlauea Avenue that may be deemed necessary by the Department of
Public Works.
To provide for future road widening improvements, a ten (10) foot wide future road widening strip along the property’s Kīlauea Avenue frontage shall be delineated on the plans submitted
for Plan Approval review and dedicated, at no cost to the County, upon its request.
Prior to issuance of a Certificate of Occupancy for any commercial use on the property, the applicant shall provide improvements to the property’s frontage along Kīlauea Avenue consisting
of, but not limited to, reconstruction of the existing concrete curb and sidewalk (from curb face to property line) and any required utility relocation, meeting the requirements of
the Americans with Disabilities Act and standards of the Department of Public Works.