HomeMy WebLinkAboutORD 2014-033 2012-2014 COUNTY OF HAWAII STATE OF HAWAII
ORDINANCE NO.
'� BILL NO. 184
AN ORDINANCE AMENDING ORDINANCE NO. 02 49 WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10)TO GENERAL
COMMERCIAL—20,000 SQUARE FEET (CG-20) AT WAIAKEA HOUSE LOTS SECOND
SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-022:005.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 02 49 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the [Hawaii]
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[Waiakea-}Waiakea
House Lots Second Series, [Waiakea] Waiakea, South Hilo, [Hawaii] Hawai`i, shall be
General Commercial—20,000 square feet(CG-20):
Beginning at a pipe at the East corner of this lot, the South corner of Lot 17, Block
72, and on the North side of Street(60 feet wide), the coordinates of said point of
beginning referred to Government Survey Trig. Station "Halai" being 241 2.80 feet South
and 6477.21 feet East, as shown on Government Survey Registered Map No. 2705, and
running by true azimuths:
1. 58° 10' 86.0 feet along North side of Street(60 feet
wide);
2. 148° 10' 240.0 feet along Lot 15, Block 72;
3. 238° 10' 86.0 feet along Lot 7, Block 72;
4. 328° 10' 240.0 feet along Lot 17 to the point of beginning.
Area 20,640 Square Feet.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof. •SECTION 2. [ - .. _ ' - - . - • - :• - : . :. -- :I In
accordance with Section 25-2-44, Hawai`i 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, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Final Plan Approval for the proposed development shall be secured from the
Planning Director in accordance with Chapter 25 2 70 of the Zoning Code within
two (2)years from the effective date of this ordinance. Plans shall identify
properties in accordance with the requirements of Planning Department's Rule No.
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D. A Solid Waste Management Plan-;,hall be submitted to the Department of
Environmental Management for review and approval. A copy of the approved
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plan shall be submitted to the Planning Department prior to the issuance of Final
Plan Approval.
E. If required, a drainage study shall be prepared and any drainage improvements
shall be constructed meeting with the approval of the Department of Public Works
prior to the issuance of a certificate of occupancy.
F. Prior to the issuance of a certificate of occupancy for a new commercial structure,
Kamana Street consisting of,but not limited to, pavement widening with concrete
utilities, meeting with the approval of the Department of Public Works.
G. Should an improvement district or similar arrangement be initiated in the future
for curb, gutter, sidewalk, drainage, sewer and related improvements to Kamana
Street, the property owner(s) shall participate automatically in such an
arrangement.
H. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed development.
Should the Hawaii County 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.
J. An initial extension of time for the performance of conditions within the
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circumstances:
1. The non performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its 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.
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'1. 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.
K. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.]
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall install a reduced pressure type backflow prevention assembly
on private property within five(5) feet of any water meter(s) serving the proposed
development, which must be inspected and approved by the Department of Water
Supply before water service can be activated.
C. Construction of the proposed development shall be completed within five(5)
years from the effective date of this amended ordinance. Prior to construction, the
applicant(s), successor(s) or assign(s) 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 structure(s),paved driveway access and parking stalls
associated with the proposed development. Landscaping shall 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).
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D. All driveway connections to Kamana Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code.
E. Prior to the issuance of a certificate of occupancy for a new commercial structure,
the applicant shall construct full improvements to the entire frontage along
Kamana Street consisting of, but not limited to, pavement widening with concrete
curb, gutter and sidewalk, drainage improvements, and any required relocation of
utilities, meeting with the approval of the Department of Public Works.
F. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works, prior to the submittal of plans for
Final Plan Approval. Drainage improvements, if required, shall be constructed in
a manner meeting with the approval of the Department of Public Works prior to
the issuance of certificate of occupancy.
G. The applicant shall connect to the existing County sewer lateral meeting with the
approval of the Department of Environmental Management prior to the issuance
of a certificate of occupancy.
H. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawai`i County Code.
If the applicant, successors, or assigns develop residential units on the subject
property, the applicant, successors or assigns shall make its fair share contribution
to mitigate the potential regional impacts of the development 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
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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 maximum combined value of$8,394.57 per multiple family residential unit
($13,081.99 per single family residential unit). The total amount shall be
determined by 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 units) shall be allocated
as follows:
• $4,140.80 per multiple family residential unit ($6,308.37 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
• $130.87 per multiple family residential unit($304.32 per single family
residential unit) to the County to support police facilities;
• $402.57 per multiple family residential unit($601.06 per single family
residential unit)to the County to support fire facilities;
• $179.43 per multiple family residential unit($263.15 per single family
residential unit) to the County to support solid waste facilities; and
• $3,540.90 per multiple family residential unit($5,605.09 per single family
residential unit)to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant, successors or assigns
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.
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J. 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.
K. 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 Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to 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-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
M. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed development.
N. 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.
O. 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.
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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 BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona,Hawai`i
Date of Introduction: February 5, 2014
Date of 1st Reading: February 5, 2014
Date of 2nd Reading: February 19, 2014
Effective Date: March 12, 2014
REFERENCE Comm. 606
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AMENDMENT TO THE ZON1 NG CODE
AMENDING SECTION 25-8-33(CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25
(ZONING CODE)OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10)
TO GENERAL COMMERCIAL(CG-20)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK:2-2-22:005 NOV,21, 2001
EXHIBIT"A"
FOR REFERENCE ONLY
OFFICE OF THE COUNTY CLERK `
County of Hawai`i
Kona, Hawaii i 71,, (,
Introduced By: Zendo Kern (B/R) ROLL CALL VOTE
Date Introduced: February 5, 2014 AYES NOES ABS EX
First Reading: February 5, 2014 Eoff X
Published: February 15, 2014 Ford X
I lagan X
REMARKS: Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: February 19, 2014 8 0 1 0
To Mayor: February 27, 2014
Returned: March 12, 2014 ROLL CALL VOTE
Effective: March 12, 2014 AYES NOES ABS EX
Published: March 20, 2014 Eoff X
Ford X
REMARKS: I lagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
CI• '. IL CHAIRPERSON
Approved/tisapproved this /2: day I l
o f NV* 20 I LINTY CLERK
�G- 184
�r—�-- Bill No.:
MAYOR, COUNTY OF HAWAII C-606/PC-53
Reference:
Ord No.: 14 3