HomeMy WebLinkAboutORD 2024-038 2022-2024 (.1":5,,!.,:''i!s:,..
COUNTY OF HAWAI`I -•f. �.' 1 • STATE OF HAWAI`I
••4z,OF�M�
24 38 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.
[(A) the applicant, successors or assigns, shall comply with all of the
stated conditions of approval;
-1-
Department within ten years from the effective date of this amendment. To
assure adequate time for plan approval review and in accordance with
Chapter 25 2 72 (Zoning Code), plans shall be submitted a minimum of
Plans shall indicate internal driveway circulation with the adjacent Kona
Coast Shopping Center;
(Cl nstructio„ shall . ,,ithin o r f om the_date o f _eceiptf—
Final Plan Approval and be completed within two y ars thcr after;
(D) improvements to Eho Street extension, including curbs, gutters and
sidewalks, shall be constructed within the existing 60 foot wide roadway
easeme„t f om Eho Street to Q„eer uauhu,,, ,,,,, ,reeti.,,. with
the ., a o f th Departme„t f P„blic Works_ These ; nts
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 W 1 h ll b t l d;
-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,
nd tions ; elude heroin .,t the level.peps 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
acknowledges that further reports are not required; and
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 , e beyond the ntrol o f the applicants
n l t at t the r „lt ,ftheir ,l;..ence;
2) ,-,ti o f the tivn xto n we l`l_not ba ntr . to the al
plan or zoning code;
3) granting of the time extension would not be contrary to the original
for t-he g nt;ng f the change f zone;
-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
Council to action. Furth r, nl,o lrl nr.y o f the onditions
not be met or substantially complied with in a timely fashion, the
Director shall initiate rezoning of the ar a 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.
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.
Q, 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
Hilo , Hawai`i
Date of Introduction: May 15, 2024
Date of 1st Reading: May 15, 2024
Date of 2nd Reading: June 5, 2024
Effective Date: June 14, 2024
REFERENCE Comm. 818.4
-9-
/
plimm11171.1.1v r
w� � Q O0ZW 6
<> !f • O N0 — EL
ki y lililL
�� Q F m
.z ; V
z W Q ovp I
o 1L� d� Q 4 N I—Qz � �' a i . U
0 N .� M 0J4 QQU10 tIo r
J
�, Q Q..., l
r • noHnb�>1—��° � Pdh
Q ]
£ • IA
Z�IA O (' I.
I J
t� a, `��r qku ink "`` F Q o ~ z U 0 J 0 �' ' •
}- -Ls �d 11•-1 n-i $ (o =11 n 0 0 17 U U z
m -or,� ° oZsr u I--� F- _ W 0 m 0
(94
r E o a ,� Z UujQ � U� Z o }
N _ W W � UQ _ u it
--� LU
SiF xa1� d Zz � Ud � J ] Q 4
J iu \2 (4 i., T N- J J w ih
3� ..1... .ii b..ocin e �J •. _ CI Z c (I) 0 c —
d • " LiZ � 1 DI•/--' lifir 8 2 iliciii- wh < Ni- -
N d
• [ .
,� a�lldo,, /Q Q � p �O m
f • ( X
n
F n . F. a z, . • I
/ i- w
1 ' �.� [
C
LENK
OFFICE OF THE COUNTY CLERK `� 1 �COUNT Y OF HAW ,
County of Hawai`i
Hilo, Hawai`i 2ti E , 2 1 PM 3.
(Draft 2)
Introduced By: Dr. Holeka Goro Inaba(B/R) ROLL CALL VOTE
Date Introduced: May 15, 2024 AYES 1 NOES ABS EX
First Reading: May 15, 2024 Evans X
Published: May 24, 2024 Galimba X
Inaba X
REMARKS. Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
Second Reading: June 5, 2024 9 0 0 0
To Mayor: June 13, 2024
Returned: June 21, 2024 ROLL CALL VOTE
Effective: June 14, 2024
Published: July 5, 2024 AYES NOES ABS EX
Evans X
REMARKS, Galimba X
Inaba X
Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
7 0 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
g
1(4 OUNCIL CHAIRPERSON
Appro ed/Disapproved this day
of t/i 20 C COUNTY CLERK
151 (Draft 2)
Bill No.:
MAYOR, COUNTY OFHAWAI`I C-818 .4/LAAC-57
Reference:
Ord No.: 24 38