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HomeMy WebLinkAboutCOM 0619.001 2008-2010 DONALD IKEDA Council Member District 2 South Hila Phone No.: (808) 961-8261 Fax No.: (808) 961-8912 E-mail: dikeda@co.hawaii.hi.us HA WAPI COUNTY COUNCIL County of Hawai 'i Hawai'i County Building 25 Aupuni Street Hila, Hawai 'i 96720 Date: November 24,2009 To: J Yoshimoto, Chair And Council Members Donald Ikeda, Council Member A ~ From: ""-~ c::::~ c;:;~ (.CII Z c::::;; c:::: ~., ..r.: -0 :::3 I"\:) a -..c: Proposed Amendment To Billl75, Amending Section 25-8-33 (City ofHilo Zone Map), Article 8, Chapter 25 (Zoning Code) Of The Hawai'i County Code 1983 (2005 Edition); REZ 09-000100, Applicant Janice Oshiro, TMK 2-2-22:008 Re: Attached please find a proposed amendment to Bill 175, which inserts the standard affordable housing condition that was inadvertently omitted, re-letters subsequent conditions, and is bolded for illustrative purposes only: 1. Insert New Condition "M" to address affordable housing requirements to read as follows: "M. To ensure that the Goals and Policies of the Housinl! Element of the General Plan are implemented, the applicant, successors or assil!ns shall comply with the requirements of Chapter 11, Article 1, Hawai'i County Code relatinl! to Affordable Housinl! Policy. This requirement shall be approved bv the Administrator of the Office of Housinl! and Community Development prior to Final Plan Approval." 2. Re-letter subsequent Conditions "M" through "P" to Conditions "N" through "Q". Please note that Sections 1, 3 and 4 are not proposed for amendment, and therefore to conserve our paper usage, I am including only Section 2 for the clean copy of proposed Bill 175, Draft 2. DI:awm Att. Comm. No. "'f. , Ref. To:~~~\ Ref. Dote l 0\7 ~ 4 lO\l~ . _I Hawai'i County Is An Equal Opportunity Provider And Employer SECTION 2. In accordance with Section 25-2-44, Hawai'i 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 (l) 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(s), 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 prior to the issuance of Final Plan Approval for the construction of any commercial structures. C. The applicant 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 prior to the issuance of a Certificate of Occupancy for any commercial uses of the building. D. The property shall be converted for commercial use within five (5) years from the effective date of this ordinance. Prior to conversion of the property for commercial use, 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), Hawai'i 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), Chapter 25 (Zoning Code), Hawai'i County Code. E. Access(es) to the project site shall meet with the approval of the Department of Public Works. All driveway connections to Kino'ole Street or Kamana Street shall conform to Chapter 22 (County Streets) of the Hawai'i County Code. F. The applicant shall provide improvements to the project's frontage along Kamana Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works. The improvements shall be completed within five (5) years from the effective date of this ordinance. G. Full width concrete sidewalks along the property's entire Kino'ole Street frontage shall be provided within five (5) years from the effective date of this ordinance. H. Streetlights and traffic control devices shall be installed, if required by the Traffic Division, Department of Public Works. 1. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. 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. 1. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy for any commercial structure. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. L. 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 - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant, successors or assigns shall comply with the requirements of Chapter 11, Article 1, 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 prior to Final Plan Approval. N. If the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (their) 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 $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. A. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the County 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 County to support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit) 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 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. In lieu of paying 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, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. O. 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. P. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. Q. 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 ofthe applicants, successors or assigns, and that are not the result of their fault or negligence. , 2. Granting ofthe time extension would not be contrary 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. lfthe applicant(s) should require an additional extension of time, 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.