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Home My WebLink AboutBIL 151 Draft 02 2022-2024 .... .. COUNTY OF HAWAI'I ` ;'=° / • STATE OF HAWAI'I . ,TF GF•N/� BILL NO. 151 ORDINANCE NO. (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NOS. 00-90 AND 91-27, WHICH RECLASSIFIED LANDS FROM OPEN (0) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU,NORTH KONA, HAWAI`I COVERED BY TAX MAP KEY 7-4-015:015 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 2 of Ordinance No. 91-27, as amended by Ordinance No. 00-90 is amended as follows: "SECTION 2. [ ] In accordance with Section 25-8-44, Hawai`i County Code 1983 (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. KA) the applic, nt, s ssor r - , shall rly with al, J1f 1Z t Lllt.he stated conditions of approval; -1- (B) fna Pla A ppreva e f the-deyelepment-shall-be-seeur-ed-fr-ere-the-P4aneing assure adequate time for plan approval review and in accordance with Chapter 25 2 '72 (Zo n !''o el nl., sh ll_be submitted e F forty five days prior to the date by which plan approval must be secured. Plans shall indicate internal driveway circulation with the adjacent Kona Coast Shopping Center; (C) str, sh ll ith t f,. the date of r e pt f Final Plan Approval and be completed within two years thereafter; (rn nts to Eho Street extensio clud ng , ,rbs „+tors „n,l sidewalks, shall be constructed within the existing 60 foot wide roadway asement from Eho Street to Quccn Kaahumanu Highway meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any portion of the commercial development; (E) driveway access(es) shall be approved by the Department of Public Works; (F) improvements to Eho Street Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation Highways Division and Public Works; Public Works shall be installed; -2- with;; (I) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, „ditions ; eluded herein m at the developer's election, be satisfied-by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director (K) 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 f e bo re the ntrol o f the „licants successors v 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; �1) the time extension granted shall be for a period not to exceed the period originally granted for performance(i.c., a condition to be -3- performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County veil f r to action urther, shoo, . of the , nd do s not be met or substantially complied with in a timely fashion,the Director shall initiate rezoning of the area to its original or more appropriate designation.] A. The applicant, its successors, or assigns ("Applicant") shall be responsible for complying with all the stated conditions of approval. B. The Applicant shall submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i,to the Department of Water Supply (DWS) for review and approval. The water usage calculations should include the estimated peak- flow in gallons, per minute, and the total estimated maximum daily water usage in gallons per day. A water commitment deposit shall be paid to the DWS thereafter in accordance with Rule 5 of the DWS's Rules and Regulations. The Applicant is responsible for constructing any necessary water system improvements as may be required by DWS and maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. 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 DWS. -4- D. The Applicant shall implement any improvements required by the Fire Department and/or DWS to ensure that fire protection requirements can be met for commercial zoning. E. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. F. All driveway connections to `Eho Street shall conform to Chapter 22, County Streets, of the Hawai`i County Code. G. All development-generated runoff shall be disposed of on-site and not directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works (DPW)prior to the issuance of Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of DPW prior to construction of any structures on the subject property. H. The property shall connect to the public sewer in accordance with Section 21-5 of the Hawai`i County Code prior to issuance of a Certificate of Occupancy. I. The Applicant shall comply with the recommendations of the Plan for Archaeological Monitoring, TMK:(3) 7-4-015:15, Land of Keahuolu, North Kona District, Island of Hawaii dated November 2007 and approved by the State Historic Preservation Division on January 9, 2008. J. In the event that surface or subsurface historic resources, including human -5- 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 Department of Land and Natural Resources - State Historic Preservation Division (DLNR- SHPD) 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. K. Should the Applicant develop residential units on the subject property, the Applicant 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 Approval or Final Subdivision Approval, whichever is applicable, and shall be based on the actual number of additional residential units or lots created. The fair share contribution in the 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 combined value of$10,678.45 per multiple family residential unit or lot ($16,641.15 per single family residential unit or lot). The total amount shall be determined with the actual number of residential lots/units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit or lot(single family residential unit or lot) shall be allocated as follows: -6- 1. $5,267.38 per multiple family residential unit or lot($8,024.66 per single family residential unit or lot) to the County to support park and recreational improvements and facilities; 2. $228.24 per multiple family residential unit or lot($387.11 per single family residential unit or lot) to the County to support police facilities; 3. $512.10 per multiple family residential unit or lot ($764.59 per single family residential unit or lot)to the County to support fire facilities; 4. $228.24 per multiple family residential unit or lot($334.75 per single family residential unit or lot) to the County to support solid waste facilities; and 5. $4,504.25 per multiple family residential unit or lot($7,130.04 per single family residential unit or lot)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 proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council pursuant to Section 2-162.1(a) of Hawai`i County Code. -7- L. 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. M. 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 or Final Subdivision Approval, whichever occurs first. N. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations, and requirements. O. If the applicant fails to fulfill any conditions of the zone change within the specified time limitations,the Planning Director or County Council may initiate the process for enactment of an ordinance reverting the affected property back to its original zoning designation or a more appropriate zoning designation in accordance with Section 25-2-43 of the Hawai`i County Code. P. Final Plan Approval shall be secured within ten (10)years from the effective date of this amendment. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawai`i County Code." -8- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 818.4 REFERENCE Comm. -9- • I<AI W 1 STREET . MA-1. t Of• ( 6 MO-la I .{�J�� L • � ,r,,.... . .'4.C� i. Ili v O r 1✓ul � f^ UNPLANN Ea (U) , 1 {I I 2. z —r—c.>u GWr�l nit G 1. } M e-1. MINA H l t MANt1 H1C 3H WAY r �. 2..o�at' .i . 1e�.00 • • 7s2.a2IN i ?c "'Xitgigaorrrw 'f/ ) • M�r if.l el N) A ►.'t3 la c�-11e o A TR.MA R O.B74 AGIQE . IN!'I:1• / 4 +�De.11 • ��'e-+ •sue.. IQe.9e -.9. Z�'II'b9"- . GV IQ l.97 UNP6.-ANINMG (U) }COMA Ce,a1'9T �JMeopptNei • 'GENTaR Cv-10 1 `'!"1�°+ ► PALAN 1 . ROAD • Q - io Cr3-2o 6. A 14 o A e.6 me. • N LP,NI NAU 0 �� C1SEN-1-CSC Cix A-Iq 1 s ze /`•• Y A-1� ` er3-zo • v-I.�9 / AMENDMENT TO'. THE ZONING CODE . AMENDING SEGTICN -9-5 (KA1LU.v URBAN ZONE • MAP) ART!CL- cl>, CHAPTCR 25 (ZONING CODE) OP 11'11= HAWA11 COUNTY CoCDL, Sy CHAi-.1GING THc DI'STR=T CLA55IPICATION FROM aPtr N (c) Te, VtLLAG�. GO1vlNIi•MCI AL (Gv-IO) AT t'CCAHUOLU, NORTH KONA, HAti•NAlI. PREPAmCc, sy : PLANNING r=iEIcWARTN-1ENT CC,LIN-nr of HAWA1t • • TM K L 7-4-15 15 PORT1oN) _. .1AN^ 31, 19e EXHIBIT "A11