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HomeMy WebLinkAboutORD 2010-023 2008-2010 .. ?rl r N ,K '. COUNTY OF HAWAII • � " / • STATE OF HAWAII • • • Ifb:i -.rte 1 . ORDINANCE NO. 10 2 3 B NO. 203 AN ORDINANCE AMENDING SECTION 25 -8 -9 (HAWI- KAPA`AU 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 — 15,000 SQUARE FEET (RS -15) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT KA`AUHUHU, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 5 -5- 010:025. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -9, Article 8, Chapter 25 (Zoning Code) of the Hawai`i 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 Ka'auhuhu, North Kohala, Hawai`i, shall be Village Commercial — 10,000 square feet (CV -10): Beginning at a pipe in concrete at the Northeast corner of this lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU -O- NALE" being 13,198.32 feet North and 4,416.81 feet East; thence running by azimuths measured clockwise from true South: 1. 8° 14' 00" 62.07 feet along the West side of the main Government Road to a pipe; 2. 356° 40' 30" 119.28 feet along same to a pipe; 3. Thence along same, on a curve to the right with a radius of 20 feet, the chord azimuth and distance being: 40° 41' 45" 27.80 feet to a pipe; 4. 84° 43' 00" 216.82 feet along the North side of a roadway to a pipe; -1- 5. 89° 28' 00" 23.52 feet along same to a pipe; 6. 179° 16' 02" 193.89 feet along a portion of the Westerly boundary of Lot 11 of Land Patent (Grant) 10,470 to a pipe; 7. 263° 55' 30" 263.43. feet along the same to the point of beginning and containing an area of 1.160 acres, more or less. 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, 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 (1) 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. The applicant shall comply with the Department of Water Supply's rules and regulations by limiting water usage to within one (1) unit of water, unless additional water units are granted by the Department of Water Supply. 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 -2- 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. If required by the Fire Department, the applicant shall install a fire hydrant connected to the 12 -inch waterline fronting the subject property for fire protection. E. 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. F. All new accesses to the subject property shall meet with the approval of the Department of Transportation. G. 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. -3- H. The method of sewage disposal shall meet with the requirements of the Department of Health. 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. J. 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 -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. K. Should the applicant(s), successors or assigns develop residential units on the subject property, the applicant(s) 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 $7,698.11 per multiple family residential unit ($11,996.63 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. -4- The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,797.26 per multiple family residential unit ($5,784.99 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $120.01 per multiple family residential unit ($279.07 per single family residential unit) to the County to support police facilities; 3. $369.17 per multiple family residential unit ($551.20 per single family residential unit) to the County to support fire facilities; 4. $164.54 per multiple family residential unit ($241.32 per single family residential unit) to the County to support solid waste facilities; and 5. $3,247.12 per multiple family residential unit ($5,140.06 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. L. 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, Hawai`i County Code relating to the Affordable Housing Policy. -5- Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval. M. 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. N. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. O. 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 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. 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). -6- 5. If the 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. 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 MEMBER, COUNTY OF HAWAII Knna , Hawai`i Date of Introduction: March 3, 2010 Date of 1st Reading: ,March 3, 2010 Date of 2nd Reading: March 17, 2010 Effective Date: April 7, 2010 REFERENCE; Corti , 688 -7- CV -10 CV -10 CV- w -10 cv-io CV -To I CV -10 cv-io • AKONI PULE HWY Cy_ 0 R5 -15 CV -10 CV -10 CV -10 4 OW R5 -15 -. F.5 15 r R5 -15 0 -10 - CV -10 1 - R5 -15 13,19a. R5 -15 4416.81 E 85-15 " ?UEU NALE° R5-15 h ; CV-10 ii R5 5 t it n ZS-1 i r ' 1+: s, I11i -- - - - - -- - -- -1 85-15 SINGLE - FAMILY RESIDENTIAL - / 85-15 r 15,000 SQUARE FEET (RS -15) R5 -15 TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV -10) 1.160 ACRES TOTAL < R5 -15 7 RS -15 A z A -20a R5 -15 - RS -15 R5 -15 A -20a a s R5 -15 R5 -15 R5 -15 'Feet 0 100 200 400 600 800 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -9 (HAWI- KAPA'AU 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 - 15,000 SQUARE FEET (RS -15) TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET - (CV -10) AT KA'AUHUHU, NORTH KOHALA, HAWAI'I MAP PREPARED BY: TMK' 5 -5- 010'.025 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: Sep. 30, 2009 EXHIBIT "A" Steven M. and Loretta J. Milner • Map 1277 OFFICE OF THE COUNTY CLERK _ County of Hawai`i REC. Kona, Hawai`i ` °'' tJ ?Ng flPR 8 DM Introduced By: Donald Ikeda ROLL CALL VOT 4 2S U i ., Date Introduced: March 3, 2010 AY�� )( tA NOES t ABS EX rrF First Reading: March 3., 2010 Enriques X t t 4 y ) ./ (J Published: March 12, 2010 Ford X Greenwell X REMARKS — • Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X Second Reading: March 17, 2010 8 1 0 0 To Mayor: March 25, 2010 Returned: April 8, 2010 A pril 7, 2010 ROLL CALL VOTE Effective: AYES NOES ABS EX Published: April 15, 2010 Enriques X Ford X REMARKS: Greenwell X Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. dr APPROVED AS TO FOAM AND LEGTY: (/ f / COUNCIL CHAIRMAN DEP Y CORPORATION CdUNSEL Imo' D COUNTY OF HAWAII Date MAR 3 1 2010 COUNTY CLERK Bill No.: 203 C- 688/PC -68 A� proved/ '.approved this I _ day Reference: of � � , , 20 I0 Ord No.: 10 1 Sti MAYOR, COUNTY OF HAWAI `1 Bill Nos. 203, 205, 206, 207, 208, 213, and 214 I hereby certify that the following Bilis passed first reading at the meeting of the Hawai`i County Council on March 3, 2010, by vote as listed below: Bill 203: Amends Section 25 -8 -9 (Hawi - Kapa'au 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 — 15,000 Square Feet (RS -15) to Village Commercial — 10,000 Square Feet (CV -10) at Ka`auhuhu, North Kohala, Hawaii, Covered by Tax Map Key:5 -5- 010:025; Steven and Loretta Milner, Applicants. Should the applicant(s), successors or assigns develop residential units on the subject property, the applicant(s) 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 have a combined value of $7,698.11 per multiple family residential unit ($11,996.63 per single family residential unit). AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Hoffmann — 1; AI3SENT: None; EXCUSED: None. Bill 205: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010; Appropriates revenues in Federal Grants — Next Generation Juvenile Justice Information System (NG JJIS) Data Broker Project ($25,000); appropriates same to NG JJIS Data Broker Grant Project.. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 206: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i for the Fiscal Year Ending June 30, 2010; Increases revenues in Housing Voucher Program ($2.741,000); appropriates same to Voucher Rental Subsidies. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 207: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010; Increases revenues in Federal Grants — Volunteer Fire Assistance ($47,364); appropriates same to Volunteer Fire Assistance — Federal. AYES: Council Members Enriques, Ford, Greenwell 1- Ioffmann, Ikeda, Naeole - Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 208: Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the I- Iawai'i County Code 1983 (2005 Edition), by Changing the District Classification from Single - Family Residential — 10,000 Square Feet (RS -10) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Waiakea, South Hilo District, Hawaii. Covered by Tax Map Key:2- 2- 025:022; Concept Construction, Inc.. Applicant. 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 have a combined value of $7,383.36 per multiple family residential unit ($11,506.13 per single family residential unit). AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Hoffmann — 1; ABSENT: None; EXCUSED: None. Bill 213: Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010; Adds ENVIRONMENTAL MANAGEMENT: North Kona Effluent Reuse Upgrade — State Revolving Fund (SRF) ($3,643,000); funds shall be provided from SRF ($3,643,000). AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Bill 214: Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010; Adds ENVIRONMENTAL MANAGEMENT: North Kona Sewer — State Revolving Fund (SRF) ($3,104,000); funds shall be provided from SRF ($3,104,000). AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. "_ Ken G. odenow C NT Y CLERK Go (Hawai`i Tribune Herald — March 12, 2010) (West Hawaii Today — March 12, 2010) Note: The original Digest /Affidavit is attached to Bill 203.