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HomeMy WebLinkAboutORD 2008-150 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII ®8 ~50 BILL NO. l DRAFT 3 ) AN ORDINANCE AMENDING ORDINANCE NO. 465 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 1 ACRE (A-la) 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 1. Ordinance No. 465 is amended as follows: "SECTION 1. Section [~03] 25-8-4, Article [2] 8, Chapter [8] 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Editionl [w .....e :ded ; ..",c.°b zu-'"° „a°a'-• °aa~ > ,_ b°.°t° tM° F n°...:„,...,,w..°°.:°„] is amended to chance the district classification of property described hereinafter as follows: [~-0-3{~}]The district classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Neighborhood Commercial - 7,500 square feet (CN-7.5): SECTION 2.In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are• Necessary to prevent circumstances which may be adverse to the public health, safety and welfare: or (~ Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public 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 «.. .. F...,.1 ....l.A :..:..:.... .. ...1. . °~i.~.,~,vw ava uwza ~ i~4t~-RHd (ill ~Il ntkl~ ~rl: .,1.1„ .1,. e ,1.,.:,, a 1 a~ 1. «nl ~YY b Y is ,. t..:a.. ,. ..1 .. .,..........,...~ ............ ..~ ..,..,,.,...6 ........ ,....,. w .ao v 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 usaee calculations as recommended by a reeistered 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 (180) days from the effective date of this ordinance C. Construction of the proposed development shall be completed within three (3) yeazs from the effective date of this ordinance. Prior to construction, the -2- applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Plamring Director in accordance with Section 25-2-70, Chapter 25 (Zoning Codel 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 miti¢ating any adverse noise or visual impacts to adjacent properties in accordance with the reouirements of Planning Department's Rule No 1.7 ~Landscapin¢ Requirements. D. For construction and operation of the visitor education center, the applicant ma secure a shared access from the Department of Parks and Recreation through the parking lot of the Arthur Greenwell Park and Yano Hall The applicant shall not compromise the future improvement of the road lot to dedicable standards meeting with the approval of the Department of Public Works. ~~ E. This amendment to change the district classification o~roperty is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application for reasons of public health, safety, and welfare due to flood hazards in the area. F. Any direct access from Mamalahoa 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 widenin curb Qutter and sidewalk, drainage 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 Chanter 22 Streets and Sidewalks, of the Hawaii County Code and the County of Hawaii Standard -3- Details. H. Install street lights, signs and markin s as required by the Department of Public Works-Traffic Division. I. A drainage study shall beprepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction Hermit Any recommended drainage improvements, if required, shall be constructed meetiny with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy J. All development venerated runoff shall be disposed of on-site and shall not be directed toward anv adjacent properties. K. A Solid Waste Manavement 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 assivns develops residential units on the subiect property, the applicant shall make its fair share contribution to miti atg e the potential reyional 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 forth of cash, land facilities or anv combination thereof shall be determined by the County Council The fair share contribution may be adiusted annually be ig nnin tg hree years after the effective date of this ordinance, based on the percentaye chanye in the Honolulu Consumer Price Index (HCPIi. The fair share contribution shall have a combined -4- value of $7,383.36 per multiple family residential unit ($11,506.13 per single family residential unitl. The total ainount shall be determined with the actual number of units according to the calculation and roavment provisions set forth in this condition. The fair share contribution per multiple family residential unit shall be allocated as follows: $3,642.00 roer multiple family residential unit ($5,548.46 roer single family residential unit) to the County to suproort mark and recreational improvements and facilities; $115.11 per multiple family residential unit ($267.66 per single family residential unitl to the County to suproort police facilities: $354.08 roer multiple family residential unit ($528.66 per single family residential unitl to the County 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 $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. 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 re¢ion imroacted 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. -5- 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 Plari are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relatine to Affordable Housine Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Developmen~rior 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 Plannine Commission and the Hawaii County Council for appropriate action. (~. 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 original or more appropriate desi nag tion." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. -6- 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 BY: _ COUNCIL MEM ER, COUNTY OF HAWAII (_Konaj.,Hawai `i Date of Introduction: October 8, 2008 Date of 1st Reading: October 8, 2008 Date of 2nd Reading: October 22, 2008 Effective Date: November 5, 2008 REFERENCE Comm. 1444.4_ -7- OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii , :ti---. ,._: s, ,.. ,. , (Draft 3) i'.iL:,,, . ; :::',.? Introduced By: Date Introduced: First Reading: Published: REMARKS: Brenda Ford October 8, 2008 October 8, 2008 October 17, 2008 Second Reading: October 22, 2008 To Mayor: October 30, 2008 Returned: November 5, 2008 Effective: November 5, 2008 Published: November 13,~, 2008 KE;4L1 RK:S7 ROLL L VQJT LUU h AY S NOES ABS EX Ford i `~^,'t X Higa '~C 1~';;~i i- : ~- .,.- Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 I ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X i Pilago X Yagong X Yoshimoto 5 0 X 4 i 0 1 Dri N.h,'REBY CERTIFY that the foregoing BILL was adopted by the County Council published us i~adiccu~~c~ above. A.?F'F.C~~'ED AS TO FORI'JI AND EGALITY: J DEPUTY COR ORATION COUN EL COUNTY OF HAWAII OCT 3 1 2008 ~~p~ Disnpproced Dais .S rf_ fJovnvwbarr , zo 08 _- YOIZ, C T ~OF HAWAI `! BiIINo.: 364 (Draft 3) Reference: C-1444.4/PC'-53 Ord No.: ~~ ~~0 N A-fa A-fa AGRICULTURAL 1 ACRE (A-1 a) TO 7,sso.zs s NEIGHBORHOOD COMMERCIAL faszs.9~e 7,500 SQUARE FEET (CN-7.5) ^vuU OxaU" 1.1774 ACRES A-fa A-fa ` ~ ~ ~ Ni~~k \ 9iA ~ RS-10 'Po ~F CN-LS 'N` / A-1 a A fa EST CN- .5 ~`~ ~ CN-LS \ NA~Si ..~\\ ~Q /e~4T ~J~ N0 ~ CV-f0 ~~ L ~ A•1a CN-7.5 1 0 130 260 520 780 1,040 Feet 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-1 a) TO NEIGHBORHOOD COMMERCIAL 7,500 SQUARE FEET (CN-7.5) AT KEALAKEKUA, SOUTH KONA, HAWAII MAPPREPAREDBY.- MK:8-2-013:Por. 002 COUNTYOFHAWA/!, PLANNING DEPARTMENT DATE: Jul 16 200 EXHIBIT "A" (Amy B. H. Greenwell:1249) Bill 364 Ordinances Numbered 08-149, 08-150, 08-151, 08-152, & 08-153 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on October 22, 2008, by vote, as listed below: Ordinance 08-149 (Bi11353, Draft 2): An Ordinance Amending Chapter 18, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Public Transportation. AYES: Council Members Ford, Ikeda, Jacobson, Pilago, and Chair Hoffmann - 5; NOES: None; ABSENT: Council Members Higa, Naeole, Yagong and Yoshimoto - 4; EXCUSED: None. Ordinance OS-150 (Bill 364, Draft 3): An Ordinance Amending Ordinance No. 465 Which Reclassified Lands From Agricultural- 1 Acre (A-la) 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. AYES: Council Members Ford, Ikeda, Jacobson, Pilago, and Chair Hoffmann - 5; NOES: None; ABSENT: Council Members Higa, Naeole, Yagong, and Yoshimoto-4; EXCUSED: None. ' Ordinance 08-151 (Bill 365, Draft 2): An Ordinance Adopting The County of Hawaii North Kohala Community Development Plan. AYES: Council Members Ford, Ikeda, Jacobson, Pilago, Yagong, and Chair Hoffmann - 6; NOES: None; ABSENT: Council Members Higa, Naeole, and Yoshimoto-3; EXCUSED: None. Ordinance 08-152 {Bill 368): An Ordinance Authorizing the Mayor of the County of Hawaii to Enter Into an Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Wastewater Public Improvement Projects; and Authorizing the Issuance of $1,000,000 General Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawaii. AYES: Council Members Ford, II<eda, Jacobson, Naeole, Pilago, Yagong and Chair Hoffmann - 7; NOES: None; ABSENT: Council Members Higa and Yoshimoto -2; EXCUSED: None. Ordinance OS-153 (Bill 374): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 7; NOES: None; ABSENT: Council Members Higa and Yoshimoto - 2; EXCUSED: None. r^: Casey J~nt'ian County Clerl< (Hawai`i Tribune-Herald -November 13, 2008) (West Hawaii Today -November 13, 2008} Note: The original DigesUAffidavit is attached to Ordinance OS-149.