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Home My WebLink AboutBIL 109 Draft 01 2014-2016COUNTY OF HAWAIIII ORDINANCE NO. STATE OF HAWAII BILL NO. 109 AN ORDINANCE AMENDING ORDINANCE NO. 94 6, WHICH RECLASSIFIED LANDS FROM SINGLE — FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO GENERAL COMMERCIAL — 10,000 SQUARE FEET (CG -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-024:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94 6 is amended as follows: "SECTION 1. [Section 25 114, " ftiele 3,J 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 [Wai-akeaI Waiakea, South Hilo, [I4ii] Hawaii, shall be General Commercial — 10,000 square feet (CG -10): SECTION 2. [ :]In accordance with Section 25-2-44, Hawaii 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: Protection of the public from the potentially deleterious effects of the proposed use, or -1- Fulfillment of the need for public service demands created by the proposed use. the applieant against any less, shall indemnify liability, elaim and hold the Count), of defaand fef the of pfopei4y Hawaii hafmiess damage,l ffefR an offieefs>effipleyees, r -elating to of eenneeted with the appr-oval of this efdinanee; cc Pokey" ai'eFiti't'G-, aefnen4sshal be seeufed ffeffi ee4er. Plans impaets sha4l ; elud0 to the pufpose of fnifigating any potential adverse noise and visual !G'\ ,�st,-.,e4ion C dffee /2\ . o ,file p s f;.,,-... the ed effeetiye e al development s date of this .,,-.7;..anee• shall be i e ple4ed within (F) aeeess to the the . M 1.; „t of the Tlopa p e ft y ftm ent ffeffi Y; al o n,7 /e f of P41ie WoflEs; befle St. ets shall tt, of wit -2- .,(G� ,1,<> <> : o ts to r e,.l`-'J c „ St feet, „ t ; „,,,o llttef a ,,.t,> ,.,, „n,1 „> s;,l0.,1L ,ements for- a 60 feet wide fight of way, shall be pfevided a4ang the pfojeet the >with exeeption of aeeess points, meeting with the ., .,1 of'the 710paFt„-,o„t of'D„b,l:e Works pfief to th development of the issuanee of Final Subdivision Appfoval, whiehevef fis iHpplieab4e, (H) ,7...,:,. ,— : 0 0«tom � :f fegt ;,.o,l � shall b e installed e o opting ,;th development of the o of Final Subdivision Appfoval,, >ap1lieable; loeated eenneetien .,long Kinoolo shall ctfeet fef be aeeofnplished the pufpese in a manner- of meeting wastewatef disposal. with the Sewerl appfeval of t foo the p oa , o .,l development; (j) should any unidentified sites . > itieh as aftifeets, shefl, bone of ehar-eeal deposits, notified. Subsequent wofk shall pfeeeed upon an afehaeologieal , eleafaflee ff the Pl.,,,ning taken, ll;,-eeto - when ;t finds that s„f'i.,;o„t mitigative f s have l.00., !Y\ eomply with all . ,..lie b,lo laws ,-„los lti„ts of th , , ,-o „aens and0 0 0 -3- moll Ili.M.---- \%r --- \ ;=l t�l��li79lV �Al J��lRi� l Jr\ ��li(�Illi f't �,7 ��l�I(�i�l�f•r.�I �!( `fi��I•\Tii�f�f l9i J�li!�'L�lif Tiff i�f ria:niiii iir�-M-�q -�/fa•�ii(e��i!iiiiii\zef i.ii��n!f�a��a:iT/ss m Ili.M.---- \%r --- \ ;=l t�l��li79lV �Al J��lRi� l Jr\ ��li(�Illi f't �,7 ��l�I(�i�l�f•r.�I �!( `fi��I•\Tii�f�f l9i J�li!�'L�lif Tiff i�f ria:niiii iir�-M-�q -�/fa•�ii(e��i!iiiiii\zef i.ii��n!f�a��a:iT/ss m A. The applicants, 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 (DWS), the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. The applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include, but not be limited to installing a larger or additional water meter. D. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. E. Construction of the proposed commercial development shall be completed within five 5) years from the effective date of this amended ordinance. F. Final Plan Approval No. 2987, issued February 15, 1995, is void. Prior to construction, the applicants, successors or assigns shall secure Final Plan -5- Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning), Hawaii 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 adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. G. All driveway connections to Kino`ole Street and Long Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. H. Roadway improvements to Lono Street, to include curb, gutter and sidewalk improvements for a 60 -foot wide right-of-way, shall be provided along the property's entire Long Street frontage, with the exception of access points, in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for any portion of the proposed commercial development or the issuance of Final Subdivision Approval, whichever is applicable. I. The applicants shall improve Kino`ole Street with a "full width" (10 -foot wide up to the existing curb) concrete sidewalk along the property's entire Kino`ole Street frontage complying with the Department of Public Work's Standard Detail R-34. J. Should the applicants successors or assigns develop a land use which the Planning_ Department in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TZAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when a2 required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kino`ole Street and/or Long Street that may be deemed necessary the Department of Public Works. K. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy for any of the proposed commercial development or the issuance of Final Subdivision Approval, whichever is applicable. L. The property shall connect to the public sewer in accordance with Section 21-5 of the Hawaii County Code prior to issuance of a Certificate of Occupancy. If required by the Director of the Department of Environmental Management (DEM), the applicants shall conduct a sewer study in accordance with the then qpplicable wastewater system design standards prior to approval to connect to the County sewer system. Applicants shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. M. 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 Resource - State Historic Preservation Division (DLNR-SHPD) and Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from SHPD when it finds that sufficient miti ag_tion measures have been taken. -7- N. The applicants shall make a fair share contribution to mitigate the potential regional impacts of development 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 Subdivision Approval or Final Plan Approval, whichever is applicable. 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 after the effective date of this ordinance, based on the percentagenge in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $13,506.70 per single-family residential unit and $8,667.10 per multiple -family dwelling unit. The total amount shall be determined with the actual number of units according to the calculation and parent provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: $6,513.17 per single-family residential unit and $4,275.24 for multiple - family dwelling unit to the County to support park and recreational improvements and facilities; $314.20 per single-family residential unit and $135.12 for multiple -family dwelling unit to the Count t�pport police facilities, $620.58 per single-family residential unit and $415.64 for multiple -family dwelling unit to the County to support fire facilities; 4. $271.70 per single-family residential unit and $185.25 for multiple -family dwelling unit to the Count t�pport solid waste facilities, and $5,787.06 per single-family residential unit and $3,655.85 for multiple - family dwelling 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 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 exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. 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 Polio requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval or Final Plan Approval, whichever is applicable. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations, and requirements. R. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: in 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 negli eg nce. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting 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 us 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. S. 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 its original or more qppropriate designation." SECTION 2. Material to be deleted is bracketed and struck through and material to be added 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. -10- SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 524 INTRODUCED BY: (SIR) CO NCIL MEMBER, CO TY OF HAWAII -11- ■ mo -le R' -to RO-1 a KAMANA lea -1 e STME ET t Z .� F i R3 -f0 ilk RS I10 W I..ONO FRA a 0 7-t; 0 1Sc 77777, — i f0 i 07.04 W 0 0 _Z Y_ ms -10 Rai 10 ' i 1 ren-3k.7m I j res�fo i G6-7-3 .r� s I ,G rl9l3-f1t! Q 5TYROST aza- tom' r rossa - ' !D.wo , S {111 a MS p t—PD2a� 10' R9 to Rs -10 0 C6 -ZC c6 -_Ao U u U res-ro c3-fo '' j -► fstvtvfglQstz7 LANIKAUL.A ST1VIELT A. fl Rf=+.lsiD�NTfAL (/QB-It� To few-ro rQM-a n9- to �Aw 15E'TJLaI�AL COMMORCIAL CCO -10) AROA = -AG,77c 0611- FT. —1 AMENDMENT TO THE ZONING CODE rm AMUNl7INS SMUCTION ccrr-/ OF HIL -0 ZONM MAP) ARTICL-E 3, CHAP -mm -a`; (ZCN1Na Cove!) CF THE HAI/VAtt COUNT? C00E, 13'7' C1-1^F401"IS THE DISTRICT CL.ASS11=ICATI0I`4 FROM VINGL E5 FAMtL'/' 14E3t17ENTIAt_ CtRS-10) 'TO ISMNISRAL. COMt+'IE1RCtA1- (CG-to) AT NAtAKEAt SOUTH HILO, r'AVV^11_ PIQEF"'Af�2�t� 87' PLANNING 6ai=' HAWtrENT EXHIBIT "A" FOR REFERENCE ONLY `WR'G