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Home My WebLink AboutBIL 206 Draft 01 2024-2026 eSY OF N,!Y COUNTY OF HAWAI I : STATE OF HAWAII 44E pF•H!� BILL NO. 206 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09-138,AS AMENDED,WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL—10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED—20,000 SQUARE FEET (MCX-20)AT WAIAKEA HOUSELOTS,WAIAKEA, SOUTH HILO,HAWAI`I, COVERED BY TAX MAP KEY NO. 2-2-035:034. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 2 of Ordinance No. 09-138, as amended by Ordinance No. 21-45, is hereby amended to read as follows: "SECTION 2. In accordance with Section 25-2-44 of the 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, its successors or assigns (hereinafter the "Applicant") shall be responsible for complying with all of the stated conditions of approval. B. [Prior to the issuance of a water commitment by the Department of Water Supply, the applicants shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, 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 amended ordinance.] The [applicant, successors, or assigns] Applicant shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for the MCX zoning prior to the issuance of a Certificate of Occupancy. [C. The applicants shall install a reduced pressure type backflow prevention assembly within five(5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply before water service can be activated.] [17] C. Construction of the proposed development shall be completed within [five (5)] seven(7)years from the effective date of this amended ordinance. The time during which required plans,reports, studies, or relevant permit applications are under review for approvals by government agencies shall not count towards the deadline established in this ordinance. To justify this tolling,the Applicant shall provide evidence of the excluded time period to the planning department for its review and approval, which shall consist of dates obtained from a government agency website,permitting program, or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the government agency. [E.] D. All driveway connections to Kalanikoa Street shall confoini to Chapter 22 (County Streets) of the Hawai`i County Code. [R] E. The [applicants] Applicant shall provide improvements to the property's frontage along Kalanikoa Street consisting of,but not limited to,pavement -2 - widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation,meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. [G] F. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the [applicants.] Applicant. [H.] G.All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Any drainage improvements, if required, shall be constructed meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. [I:] H. The project shall connect to the existing County sewer line prior to the issuance of a Certificate of Occupancy. [I:] I. 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] 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. J. 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 for the additional residential units to be created. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval and shall be based on the actual number of additional residential units 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. The fair share contribution shall have a combined value of $17,921.82 per single family residential unit and$11,500.24 per multiple family residential unit. The total amount shall be determined with the actual number of residential units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $8,642.22 per single family residential unit and$5,672.74 per multiple family residential unit to the County to support park and recreational improvements and facilities; 2. $416.90 per single family residential unit and$179.29 per multiple family residential unit to the County to support police facilities; 3. $823.43 per single family residential unit and$551.51 per multiple family residential unit to the County to support fire facilities; 4. $360.51 per single family residential unit and$245.81 per multiple family residential unit to the County to support solid waste facilities; and 5. $7,678.76 per single family residential unit and$4,850.89 per multiple family residential unit to the County to support road and traffic improvements. -4 - In lieu of paying the fair share contribution,the Applicant may contribute land or construct improvements or facilities, or any combination thereof, related to parks and recreation, fire,police, solid waste disposal facilities, or 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 the Hawaii County Code. K. 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. L. 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, of the 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 as evidenced by an executed and recorded affordable housing agreement which shall be provided to the Planning Department by the Applicant prior to Final Plan Approval or Final Subdivision Approval. Fair share requirements under Condition J shall be conditionally waived for affordable housing units or lots, if the Applicant executes an affordable housing agreement to provide fifty (50) to one hundred(100) percent of the development as affordable housing units or lots. If the affordable housing units or lots are not produced and sold or rented in accordance with the affordable housing agreement, any fair share requirements under Condition J that were waived will become due and payable. - 5 - [L7] M.The applicants shall comply with all County, State, and Federal laws, rules,regulations, and requirements. [M. If the applicant(s), successors, or assigns should require an additional extension of timc,the Planning Department shall submit the applicants' 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 area to its original or more appropriate designation.] N. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44(c) and (d) of the Hawai`i County Code. O. If any conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with Section 25-2- 44(c) of the Hawai`i County Code,the Planning Department shall inform the Applicant that this ordinance is null and void without further action by the County. In that event,the zoning designation of the property affected by this ordinance shall automatically revert to its immediate prior zoning designation." SECTION 3. Severability. If any provision of this ordinance, or the application hereof to any person or circumstance, is held invalid,the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. - 6 - SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: . o a7 , HEATHER KIMBALL Council Member BY REQUEST OF THE: Planning Director ,Hawai`i Date of Introduction: Date of 1st Reading: - Date of 2nd Reading: Effective Date: REFERENCE Comm. 1127 1111I - 7 - LRB 25-188 PLN