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Home My WebLink AboutBIL 364 Draft 01 2006-2008COUNTY OF HAWAII STATE OF HAWAII BILL NO. 364 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.465 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 1 ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL - 7,500 SQUARE FEET (CN-7.5) AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2-13:PORTION OF 2. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Ordinance No. 479 is amended as follows: "SECTION 1. Section [~-8~'] 25-8-4, Article [~] 8, Chapter [8] 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), [a~ w...e::aea ~~ ?:ere'u-~ ~.::-:.'.:c: 4.. e::a~a w•~ ~aa:^^ e' J J b w~-~•~ w.e ~ ~~~~~~~~^ ~~~~-~e^*~^^] is amended to change the district classification ofproperty described hereinafter as follows: [~03{-~}-The district classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Neighborhood Commercial - 7,500 squaze feet (CN-7.5): SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition) the Countv Council finds the following conditions aze: Necessary to_prevent circumstances which maybe adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A~ Protection of th~ublic from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. ..a.le F ~ .. e..«~:«.. F. «..1 ...,AA:..:..:..« ., .,1. a ~ A„11 Ae .. «1eLeA .,.:LA:« L..... /~\ . .. LAe.o.,Aor• .:LA. «.1 /Tl\ ..11 ..LA..~ ..««1:....Ale ~„len ....1., 4;..«.. «A a«Ln .«..1,. A:«.. LAe °°Di..« e e e ~ o e A«««....,.V~ «..,... e.... ..A ill Ae .. «I:eA ...:LA CA..,, LJ ., ..FLAB F tee....:«.. «A:L:..«~ «..L i.,, e4 ..FLA.... .. L..:Le .. ..1 .. nLu e A. The applicant, its successors or assigns 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 applicant 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 one hundred and eighty (1801 days from the effective date of this ordinance -2- C. Construction of the proposed develonment shall be completed within three (3 years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed develonment from the Planning Directorin accordance with Section 25-2-70, Chanter 25 (Zoning Codel, Hawaii Coin Code. Plans shall identify all existing and/or proposed structures, paved driveway access and narking stalls associated with the proposed develonment. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent pr~erties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. For construction of the visitor education center, the applicant may secure a shared access from the Department of Parks and Recreation through theparking lot of the Arthur Greenwell Park and Yano Hall. The applicant shall not comroromise the future improvement of the road lot to dedicable standards meeting with the approval of the Department of Public Works. The applicant shall be required to provide improvements as listed in Condition E if pazking is expanded beyond the initial Phase I representation, extent for any additional public parking E. For commercial uses other than the visitor education center, the applicant shall provide improvements to the road lot that runs alone the entire southeast frontage of the subject property, consisting of an intersection with Mamalahoa Highway, 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works prior to Certificate of Occupanck F. Any direct access from Mamalaohoa Highway shall comply with the Department of Public Works and may require an exclusive left turn lane on Mamalahoa Highway and other improvements including but not limited to pavement -3- widening curb gutter and sidewalk draina a improvements, utility relocations, signs and markings at no cost to the County. Access to Mamalahoa Highway shall be limited to one approach. G. All driveway connections to a County Road shall conform to Chapter 22, Steets and Sidewalks of the Hawaii County Code and the County of Hawaii Standard Details. H. Install street lights signs and markings as required by the Department of Public Works-Traffic Division. I. A drainage study shall be prepared by_a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a constnrctior~ermit. Any recommended drainage improvements, if reauired, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. J. All devel~ment generated runoff shall be disposed of on-site and shall not be directed toward any adiacent properties. K. 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. L. If the applicant, successors,. or assigns develops residential units on the subiect ~r~ertv 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 share contribution shall become due and pa awe prior to receipt of Final Plan Approval. The fair -4- shaze contribution for each lot shall be based on the actual number of residential units developed. The fair shaze contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adiusted annually beginning three years after the effective date of this ordinance, based on the percentaee change in the Honolulu Consumer Price Index (HCPII. The fair shaze contribution shall have a combined value of $7,383.36 per multiple family residential unit ($11,506.13 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 shall be allocated as follows: $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the Countv to support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the Count ty o support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit) to the Countv to support fire facilities; 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and 5. $3,114.36 per multiple family residential unit ($4,929.90 per single family residential unit) to the County to support road and traffic improvements. -5- In lieu of paving 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 subiect to the review and recommendation of the Planning Director upon consultation with the appropriate agencies and approval of the County Council. M. 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. N. 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 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 O. The applicant shall comply with all applicable County State and Federal laws, rules regulations and requirements. P. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawaii County Council for appropriate action. -6- Q Should any of the conditions not be met or substantially complied with in a timely fashion the Director may initiate rezoning of the area to it oric;inal or more appropriate desi agn tion•" SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. 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 B ~~ COUNCIL MEMBER, COUNTY OF HA Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCES Canlo~:1444 PC -7- N A•1a A•1a AGRICULTURAL 1 ACRE (A-1a) TO 7,5oo.zs s NEIGHBORHOOD COMMERCIAL 11,536.97E 7,500 SQUARE FEET (CN-7.5) ^auu oHau^ 1.1774 ACRES A-1a `~\ A-1a \ ~G ~ Wi A ~ RS-10 90~ F CN-Z5 7p~ FSr ~~ A-fa A•fa .\ CN- .5 CN-7.5\ N y, \ F~ 4 aeFIT \ ~J~ ~ \ ~ \ CV-10 A-fa CN-7.5 0 130 Z60 520 780 1,040 Feel AMENDMENT TO THE ZONING CODE AN ORDINANCE AMENDING ORDINANCE 465 AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 1-ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAL 7,500 SQUARE FEET (CN-7.5) AT KEALAKEKUA, SOUTH KONA, HAWAII MAPPRFPARFD BY.' MK: 8-2-013:POr. 002 COUMYOFHAWA/!, Pl~INNING DFPARTMFM DATE: Jul i6 200 EXHIBIT "A" (Amy B. H. Greemvell:1249)