HomeMy WebLinkAboutCOM 0199.009 2006-2008 ~vv or y
DONALD IKEDA "'~!'!s Phone No.: (808) 961-8261
Council Member Fax No.: (808) 961-8912
District 2 South Hilo E-mail: dikeda@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Hawaii Caunty Building
25 Aupuni Street
Hila, Hawaii 96720
May 31, 2007
TO Pete Hoffmann, Council Chair
and Members of the Hawaii County Council
FROM: Donald Ikeda, Council Member ~Q~!
RE: Proposed Amendment to Bi1162
Below please find my proposed amendment to Bi1162, made at the request of, and pursuant to
the concerns expressed by the majority of the members of the Na`alehu community present at the
May 22, 2007 public hearing. This new condition should be added to the existing conditions of
approval in order to address these community issues which include public safety.
1. Amend Bi1162 by adding new condition "E", as follows:
E. The applicant shall provide curbing, >;utters and a sidewalk alon¢ the
Kukui Road frontage which shall meet with the approval of the Department of
Public Works, and shall provide curbing gutters and a sidewalk along the
Mamalahoa Highway frontage if the curbing, gutters and sidewalk are approved
by the State Department of Transportation. Construction and maintenance of the
improvements shall be done in accordance with the Hawaii County Code and
other regulations.
2. Re-letter Conditions "E to M" to "F to N"
DI:awm
Comm. No. ~ a
Ref. To:
Ref. Date JUN ~ 1 2001
Hawaii County Is An EqualOpportuniry Provider And Employer
AN ORDINANCE AMENDING SECTION 25-8-30 (NAALEHU 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 - 7,500 SQUARE FEET (RS-7.5) TO VILLAGE
COMMERCIAL - 7,500 SQUARE FEET (CV-7.5) AT POUPOUWELA AND
KOWALA, KAU, HAWAII, COVERED BY TAX MAP KEY 9-5-024:008.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the
Hawaii County Code 1983 (2005 Edition), is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area situated at Poupouwela and
Kowala, Kau, Hawaii, shall be Village Commercial - 7,500 square feet (CV-7.5):
Beginning at a spike at the Southeast corner of this parcel of land, and on
the Northwesterly side of the Mamalahoa Highway, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "STEIN 2"
being 247.09 feet North and 2,368.31 feet West, and running by azimuths
measured clockwise from true South:
1. 77° 26' 11" 49. I S feet along the Northwesterly side of
the Mamalahoa Highway to a pipe;
Thence along Kukui Street along a curve to the right having a radius of
55.00 feet, the chord azimuth and distance being:
2. 119° 25' OS" 73.58 feetto a pipe;
3. 161 ° 24' 101.94 feet along the Easterly side of Kukui
Road to a nail;
Thence along the Easterly side of Kukui Road along a curve to the left
having a radius of 620.00 feet, the chord azimuth and distance being:
4. 160° 49' 20" 12.50 feet to a nail (found);
5. 257° 15' 45" 81.64 feet along Lot 171, Naalehu
Subdivision, Third Series to a pipe;
6. 163° 53' 30" 10.00 feet along Lot 171, Naalehu
Subdivision, Third Series to a pipe;
7. 253° 53' 30" 35.05 feet along Lot 171 and Lot 173,
Naalehu Subdivision, Third Series to
a pipe;
8. 347° 26' 11" 175.40 feet along Lot 170-B to the point of
beginning and containing an area of
17,382 square feet, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by
reference made part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983
(2005 Edition), 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.
B. Plans for conversion of the single-family dwelling shall be submitted for
Plan Approval from the Planning Director within one (1) year from the
effective date of this ordinance. Plans shall identify fire protection
measures, access roadway, driveway and parking stalls. Landscaping shall
be indicated on the plans for the purpose of mitigating any potential
adverse noise or visual impacts to adjoining parcels. The applicant shall
retain the existing landscaping or provide landscaping in accordance with
the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements), Chapter 25 (Zoning Code), Hawaii County Code.
C. Access to the property from Highway 11 shall meet with the approval of
the Department of Transportation.
D. The commercial development shall utilize the existing dwelling.
Renovations and improvements which are generally consistent with the
current appearance of the existing home shall be allowed.
E. The applicant shall provide curbing,~utters and a sidewalk along the
Kukui Road frontage which shall meet with the approval of the
Department of Public Works, and shall provide curbinggutters and a
sidewalk alon¢ the Mamalahoa Highway frontage if the curbine, Butters
and sidewalk are approved by the State Department of Transportation.
Construction and maintenance of the improvements shall be done in
accordance with the Hawaii County Code and other regulations as
appropriate.
[E]F. All development-generated runoff shall be disposed of on-site and shall
not be directed toward any adjacent properties.
[E]G. 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.
[F3]H. All earthwork activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
[HJI. 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 Resources -Historic Preservation Division (DLNR-HPD) shall be
immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR-HPD when it finds that
sufficient mitigation measures have been taken.
[I]J. If the applicant, successors or assigns develops residential units on the
property, the applicant 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
shaze contribution shall become due and payable prior to receipt of Final
Plan Approval. The fair shaze contribution for each lot shall be based on
the actual number of residential units developed. The fair shaze
contribution in the form of cash, land, facilities or any combination thereof
shall be determined by the County Council. The fair shaze 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 $6,653.40 per multiple family residential unit
($10,368.57 per single 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 (single family residential
unit) shall be allocated as follows:
1. $3,281.93 per multiple family residential unit ($4,999.91 per single
family residential unit) to the County to support park and
recreational improvements and facilities;
2. $103.73 per multiple family residential unit ($241.20 per single
family residential unit) to the County to support police facilities;
3. $319.07 per multiple family residential unit ($476.39 per single
family residential unit) to the County to support fire facilities;
4. $142.21 per multiple family residential unit ($208.57 per single
family residential unit) to the County to support solid waste
facilities; and
5. $2,806.46 per multiple family residential unit ($4,442.50 per single
family residential unit) to the County to support road and traffic
improvements.
In lieu of paying the fair shaze 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.
[J]K. To ensure that the goals and policies of the Housing Element of the
General Plan are implemented, if required, the applicant shall comply with
the requirements of Chapter 11, Article 1, Hawaii 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.
[K]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.
[L]M. The applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
[M]N. 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 contrazy 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.
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 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