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Home My WebLink AboutORD 2022-002 2020-2022 • ..OJMtY of* • COUNTY OF HAWAII zkt~ STATE OF HAWAII BILL NO. 90 ORDINANCE NO. 22 2 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 WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-038:028. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: 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 [(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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. -1- 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 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. C. [' ': - - ' .. - - - . .. . - - - - - - - . - -- - -- - - - 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 . - : . : :'-. - -.] 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. 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 -2- 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 s stem facilities, PY 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. To provide for future road widening improvements, a ten(10) foot wide future road widening strip along the property's Kilauea Avenue frontage shall be delineated on the plans submitted for Plan Approval review and dedicated, at no cost to the County, upon its request. G. 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 Kilauea 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. H. Driveway connection(s) to [the] Kilauea Avenue shall conform to Chapter 22, County Streets [and Sidewalks], of the Hawai`i County Code. II -3- The method of sewage disposal shall meet with the requirements of the State Department of Health and/or the County Department of Environmental Management, if applicable. J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. L. [Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the - -. -. -. - . -: -- - . - -: - - State Historic Preservation Division(DLNR SHPD) shall be immediately -: ' -:. _ . : -: .-- . : : eed upon an archaeological clearance from the DLNR SHPD when it finds that sufficient mitigation measures have been taken.] In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933- 7651. Subsequent work shall proceed upon an archaeological clearance from 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 -4- 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 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[$7,903.35] $9,662.28 per multiple family residential unit([$12,316.47] ($15,057.57 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: 1. [$3,8T89&501 $4,766.13 per multiple family residential unit([$5,939.22] $7,261.03 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. [$123.21] $150.63 per multiple family residential unit ([$ 1] $350.27 per single family residential unit) to the County to support police facilities; 3. [$379.01] $463.37 per multiple family residential unit([$5891 $691.83 per single family residential unit) to the County to support fire facilities; 4. [$16&91] $206.52 per multiple family residential unit 0147,75] $302.89 per single family residential unit) to the County to support solid waste facilities; and -5- 5. [$3,333.69] $4,075.63 per multiple family residential unit ([$5,277.10] $6,451.55 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant, 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. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. 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, 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. -6- 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. 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 deleted is bracketed and stricken. New material is underscored. SECTION 3. 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. pp -7- SECTION 4. This ordinance shall take effect upon its approval. p INTRODUCED BY: COUNCIL MEMBER, COUNTY OF AWAI`I Kona , Hawai`i Date of Introduction: December 8, 2021 Date of 1st Reading: December 8, 2021 Date of 2nd Reading: December 22, 2021 Effective Date: January 11, 2022 REFERENCE Comm. 474 -8- ±I 67 •IV \ R5-10 85.10 11011 R5-10 4��. CN-10 -10 4•-:G: �5� 14 '5-10 R' 10 00.00,O • A •-10 R4EPIL. 111111 10.000 SOFT IRS-10) TO RESIDENTIAL-COMMERCIAL iIXEO-20.000 IRCX 201 1111 TOTAL AREA■I ACRE 105.581.5'5 7- . 6.224.5'E'HALM' , 0 Aiiiiik, Aiiik,,0 ' •-10 fi �e RM-4 "f%. R5-10 VIP100 -10 111140,00(0 -10 N Rs-10 .:: R5-10 4 - R5- A 10 l • 1 Feet 0 125 250 500 750 1,000 AMENDMENTTO 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- 10,000 SQFT(RS-10)TO RESIDENTIAL-COMMERCIAL MIXED -20,000 SQFT(RCX-20), AT WAIAKEA,SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-036:028 DATE:SEP 27,2011 EXHIBIT"A" Takata Dental Health Center.!no. FOR REFERENCE ONLY Mao 1317 1 OFFICE OF THE COUNTY CLERK u ' COUNTYERK OF . WI, County of Hawai`i Kona, Hawai`i iOnn JAN _1 Pii12: 55 Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE Date Introduced: December 8, 2021 AYES NOES ABS EX. First Reading: December 8, 2021 Chung X Published: December 17, 2021 David X Inaba X REMARKS Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X Second Reading: December 22, 2021 7 0 2 0 To Mayor: January 3, 2022 Returned: January13 2022 ' ROLL CALL VOTE Effective: January 11, 2022 AYES NOES ABS EX Published: January 28, 2022 . Chung X 1 REMARKSDavid X . Inaba X Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy 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. - 10,114.1.. 10 ,401101ff ,,,,.:40.11/ldilli ' . AP., _...idgio, COUNCIL CHAIRPERSON A prove— isapproved this / day 11.1ban411111.11L_.....mmow-Allik 2 � o f Gil-G,-`�-...�,' 20 CI ii _- , . - c----7i.'7. fi Bill No.: 90 MAYOR, COUNTY OFHAWAI`I Reference: C-474/PC-35 Ord No.: 22 2