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HomeMy WebLinkAboutBIL 302 Draft 01 2004-2006OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawai`i Introduced By: K. Angel Pilago Date Introduced: November 15, 2006 First Reading: November 15 2006 Published: N/A REMARKS: Higa November 15, 2006 - Filed due to the following vote: X Hoffmann Second Reading: X To Mayor: Returned: X Effective: Published: Ikeda REMARKS: ROLL CALL VOTE AYES NOES ABS EX Arakaki X Higa Higa X Hoffmann Holschuh X Holschuh X Isbell Ikeda X Jacobson Isbell X Jacobson Safarik X Pilago X Safarik X 3 6 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki Higa Hoffmann Holschuh Ikeda Isbell Jacobson Pilago Safarik I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date Approved/Disapproved this of ,20 MAYOR, CO UNTY OF HA WAIT COUNCIL CHAIRMAN .. COUNTY CLERK Bill No.: day Reference: Ord No.: 302 C-950/PC-101 COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 3o2 AN ORDINANCE AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS -7.5) TO VILLAGE COMMERCIAL — 7,500 SQUARE FEET (CV -7.5) AT KAWANUI 1sT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-3:61. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-6, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kawanui I", North Kona, Hawaii, shall be Village Commercial — 7,500 square feet (CV -7.5): Beginning at the Southeast corner of this parcel of land at the Southwest corner of Parcel B and on the North side of a 20 -feet wide roadway easement, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O HAU" being 10,304.56 feet North and 8,522.32 feet East and running by azimuths measured clockwise from True South: 720 04' 157.94 feet along the North side of a 20 -feet wide roadway easement; Thence along a 20 feet radius curve to the right, the chord azimuth and distance being: 1210 50' 30" 30.54 feet along the North side of a 20 -feet wide roadway easement; 1710 37' 124.86 feet along the East side of Hawaii Belt Road; -I- 4. 2480 51' 20" 77.67 feet along Parcel 32, along the remainder of Grant 987 to Pololi; 5. 2440 46' 20" 80.04 feet along the Parcel 32, along the remainder of Grant 987 to Pololi; 6. 3420 04' 160.97 feet along Parcel B, along the remainder of Grant 987 to Pololi to the point of beginning and containing an area of 25,580 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, 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 applicants, its successors or assigns shall be responsible for complying with all 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 and peak -hour flow 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 ninety days from the effective date of this ordinance. The applicants -2- shall finalize the allocation of water commitments sufficient to allow the proposed development prior to Final Plan Approval. C. The applicants shall install a Department of Water Supply approved backflow preventer (reduced pressure type) on the subject property just after the meter. A licensed contractor shall install the backflow preventer within 90 days of the effective date of this ordinance if using the existing meter. If an additional or larger meter is required, the backflow preventer shall be installed prior water service being granted. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicants, 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), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also 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). E. The effective date of this ordinance shall be: (1) the completion and opening of the Mamalahoa Highway Bypass Road to Napoopoo Junction or (2) the completion of the Mamalahoa Highway improvements along the subject frontage including a continuous two-way left -tum lane, whichever occurs first. Until the effective date of zoning, the property shall remain in its current RS -7.5 zone. F. A Traffic Impact Analysis Report (TZAR) shall be required if the project differs substantially from the representations made by the applicants, that is, from a conversion of an existing 1740 square foot home to office use, and construction -of two (2) buildings of approximately 1100 square feet each for office or retail use. A TIAR shall be required -3- for construction of a convenience store. The applicants will submit the TIAR for review and approval by the DPW. The applicants shall construct any improvements as recommended by the Department of Public Works after review of the TUR. The TIAR may be waived if the Department of Public Works determines that the development does not warrant a TLA -R. G. All driveway connections to Mamalahoa Highway shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. The applicants shall verify the sight distance for the entrance in their application for plan approval. H. Vehicular access from Mamalahoa Highway shall be from one common approach aligned opposite Saint Paul Road meeting with the approval of the Department of Public Works. Sight distance shall meet with the approval of the Department of Public Works. I. The applicants shall improve the entire subject property frontage of Mamalahoa Highway, with right-of-way widening equal to one-half the difference between the existing right-of- way width and 60 feet. Such improvements shall consist of, but not be limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works. The applicants shall construct all required improvements at no cost to the County and dedicate the additional right-of-way to the County prior to the issuance of a Certificate of Occupancy. In addition, a 10 -foot wide future road widening setback easement shall be provided within the subject property along the widened Mamalahoa Highway right-of- way. Install streetlights, signs and markings meeting with the approval of the Department of Public Works -Traffic Division. ME K. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. L. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. The recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. M. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. N. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resource — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. O. If the applicants, successors, or assigns develop residential units on the subject property in excess of the three (3) units allowed by the current RS -7.5 zoning, the applicants shall make its fair share contribution to mitigate the potential regional impacts of the property 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. 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 combined value of $6,411.25 per -5- multiple family residential unit. The total amount shall be determined with 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 shall be allocated as follows: $3,162.49 per multiple family residential unit to the County to support park and recreational improvements and facilities; $99.25 per multiple family residential unit to the County to support police facilities; $307.46 per multiple family residential unit to the County to support fire facilities; 4. $137.04 per multiple family residential unit to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants 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. I on P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Q. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicants shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy if the applicants develop dwelling units on the property. This requirement shall be approved by the County Housing Agency prior to final plan approval. R. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. S. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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. T. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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. -7- 3. Granting of the time extension would not be contrary to the original reasons for S the granting of the change of zone. 4. The time extension 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 applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. U. 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. SECTION 3. In the event that any portion of this ordinance is declared; invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED all - COUNCIL ME R, COUNTY OF HA Hawai `i Date of Introduction: November 15, 2006 Date of 1st Reading: November 15, 2006 Date of 2nd Reading: Effective Date: V`; i �RIWft ConXL 950 in EXHIBIT "A" (Jack & Barbara Umphrey:1124) A-la---- _ L--- Ada _ _-'"-___—� A -fa A�� 441 - - d�i4i - N A 5aA-la A4a --_-_- _ _--- A5a RS .7.5 ,- n s. RS -7.5A -la A -la _ , ` V-1.25 I i RS -15 R - , s - \ RS -10 A- V4.25 A -5a A S-7 SINGLE-FAMILY RESIDENTIAL (RS -7.5) _ _ 15 s -T5 CV - TO VILLAGE COMMERCIAL (CV -7.5) 7.5 RS .5 25,580 SQ. FT. 110U seaU A -5a — A _ RS -7.5 _ CV -Z5 - R 7.5 RS -7.5 10, 304.56N - RS -15 ./ 8,522.32E RS- 5 A -5a "P U 0 HAU'k+ A -la S-15 _'_ 5 .-_-"-.-.-. - - CV -7 5 A -la A -la R S- ------_ Asa � A 1a A -1a " . - �- ----- w ._ S A -5a A -5a Tide Ln. -- 1 A -5a A -5a RS -7.5 0 300 600 1,200 1,800 2,400 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS -7.5) TO VILLAGE COMMERCIAL (CV -7.5) AT KAWANUI 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-9-003:061 Date: March 11, 2004 EXHIBIT "A" (Jack & Barbara Umphrey:1124)