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Home My WebLink AboutORD 2015-117 2014-2016COUNTY OF HAWAII STATE OF HAWAFI BILL NO. ORDINANCE N0.15 O.1X17 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. [See iaea 25 114, Artiele 3,J Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the [Hawaii] Hawaii 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 [mea] Waiakea, South Hilo, [iii] 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: (A) Protection of the public from the potentially deleterious effects of the proposed use, or -1- (BI Fulfillment of the need for public service demands created by the proposed use. (B) the l CD rr &-i-y + less,against 1, 11 ,nde liability,damage,- iiify ,/ n n hold the demand County for- the ofu 1(.l VV Ull llul Hawaii b,n,-I�,less 1111 JV fr-o n 7 its sueeessefs of 7 7employees, DepaAffient of Water- S:apply in aeeef:da-nee with its ccWater- Gemmitmei-A 77 7 $pplieab..,7 . . ements 1 .l r along O shall be the see-ur-ed rY J� ffeffi the Planning „t site's efthe sto Dir-eeter, n Plans utLl te,-., 1.111+CIJ Ltlll shall inelud 1,.,.,„,1.,,ies VVIR UY adjeining 7 (E) eenst t' three /2\ years ftl, pr-opesed f..,,,,, the ofd eeffffnefeW .,tine date of development this .,,.,1;„.,„, sl"..,ll be o. eempleted ..,;tL.;., !L'\ aeeess + the appr-eva4 the bjeet of the 71or.nrt,� .� p efty ..1, LIl 111 f-,,,,, 7I;,, „ e t e f Pu.lie l..l l l 1, .. ,,.I,..., le „alar �x of .. �,.k., , Lon(._Streets sh lllu��L vv'iL t tl, u -2- (TI) pl.. with .,11 plieabl o laws, f low> Y�.,,al atiens and r o ., oats f +1.` l� „ fF eto.l o s; -3- > te jinelude eeA, . efftents fer- a 60 feet wide right ef way, shall be pr-evided alefig the pr-ejeet Lefto Street frontage, the in a fnafin site's epAir-e m4th exeeption of aeeess points, meeting. s-_. +1, the of itifieate appfoval of the of Tlo«Y fft,•Y e t of PubYli 37i7.,fks,Yr,- o sed to th Llltl <1CL1 __ __ _ __ _ - 1 r r . Approval, . a a \ .t . 0 m „+n if required, shall l be installed e , �Ulllltl +:,,g with. lllttllllw 1L oenneetion shall be aeeemplished in a manner meeting with the appr-oval of for- the proposed eeffffnefeial development; (J) should any unidenfified sites - . > >shell, bone or- c-haree deposits,human 1 �P17I1�IIrCII the ff asiaY_�a.�.s btuials, + .t h ll .......,..,...,..a. e ��».,� n the .a.a» .,..� Dl.,,�.,�.ing i a».......b > Difeet.,Y. a. a.��..... ;ffffnediaf ......ate»a»..�aJ > L the Planning +n Difeeter- when it finds that suffieient mitigative measufes have be (TI) pl.. with .,11 plieabl o laws, f low> Y�.,,al atiens and r o ., oats f +1.` l� „ fF eto.l o s; -3- :lUl\,l J:t Jt_/v..i�l,l./\I�!•�/�,.lRlrJ�1Tl,J nd o i 0 0 may be extended for up to 0 additiened year); and in A. The applicants successors or assigns shall be responsible for comylying 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 a 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 any 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 Long 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 Dgpartinent of Public Works, prior to the issuance of a Certificate of Occupancy for M 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 Analysisport (TZAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when w required by the Department of Public Works, at no cost to the County, gny transportation system improvements to Kino`ole Street and/or Long Street that may be deemed necessary by the Department of Public Works. K. All development generated runoff shall be disposed of on site and shall not be directed toward M 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 Occupanc for my portion 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 Enviromnental Management (DEM) the applicants shall conduct a sewer study in accordance with the then applicable 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 mitigation 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 shire 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 beginningLthree years after the effective date of this ordinance, based on the percentagege 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 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: $6,513.17 per single-family residential unit and $4,275.24 for multiple - family dwelling unit to the Count ttoo_support park and recreational improvements and facilities; 2. $314.20 per single-family residential unit and $135.12 for multiple -family dwelling unit to the County to support police facilities; 3. $620.58 per single-family residential unit and $415.64 for multiple -family dwelling unit to the County to support fire facilities; $271.70 per single-family residential unit and $185.25 for multiple -family dwelling unit to the County to support solid waste facilities; and in $5,787.06 per single-family residential unit and $3,655.85 for multiple - family dwelling unit to the Cojmty tsupport 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 n 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 Poligy. This 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. Q 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 may be granted by the Planning Director upon the following circumstances: m 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 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 appropriate 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. Hilo , Hawai`i Date of Introduction: November 18, 2015 Date of 1st Reading: November 18, 2015 Date of 2nd Reading: December 2, 2015 Effective Date: December 22, 2015 REFERENCE Comm. 524 INTRODUCED BY: C e, 1 R > —qee�N� CO CIL MEMBER, CO TY OF HAWAII -11- -- u} etv�tgslTr LAN I KAU L -^ STMEWTel �9ti SINGLES FAMILY RS3IDCNTIAL (J¢8-10) To ies-ro >QM -q- eSONWRAL COMMCRCIAl- (Cts -10) ARI=A = 2G,77o 3C:- FT AMENDMENT TO THE ZONING CODE AMUNOINS sIECTION Z5-II4 (C1T7' OP Hit -O ZONM MAPS AIRTICL.E �, CHAPTSIR 'MS (ZONING CODS OF THE HA1NA11 COUNT-/ CODE, 137' CH^NGING THM Di STRICT CLASS1FI4=ATlcr4 I=MOMI VINGLM FAMIL.7' IRaptDENTtAL. (me -to) -m C3ENwmAL COMMv-RCtAL (CG -Id) At NAIAKEAI SOUTH HILO, NAWA11_ PIREPAMED E►7' - PLP'NN114 DEPARTMENT Courr'7"7 of HAWAII EXHIBIT 11A11 (mmic AND Jost-yN HOOTA) FOR REFERENCE ONLY KAMANA t STIRMMT - _ z CG -7-5 O1e:3-}0 fl R3 -1e 1Q5 10 CO -7s �r � 10 AlR5� W IR8�10 I I Iqs-to Co -2C �JQ1t6-t9 5 i � cG-7.S N ( 9kl- J.1l9 O' -A3e1,ro'-T STIRBST I ss" 1 L_ONO we --As Ra Ze.00 1'J7 -5o 1 - 09 Seo 10' iC7.b0 RS -10 j Q r NCG -aft C_to 0 6 c -moo 0 "'" 10 1 Z J Ra -lo cs -moo I Rs_lo 1C -- u} etv�tgslTr LAN I KAU L -^ STMEWTel �9ti SINGLES FAMILY RS3IDCNTIAL (J¢8-10) To ies-ro >QM -q- eSONWRAL COMMCRCIAl- (Cts -10) ARI=A = 2G,77o 3C:- FT AMENDMENT TO THE ZONING CODE AMUNOINS sIECTION Z5-II4 (C1T7' OP Hit -O ZONM MAPS AIRTICL.E �, CHAPTSIR 'MS (ZONING CODS OF THE HA1NA11 COUNT-/ CODE, 137' CH^NGING THM Di STRICT CLASS1FI4=ATlcr4 I=MOMI VINGLM FAMIL.7' IRaptDENTtAL. (me -to) -m C3ENwmAL COMMv-RCtAL (CG -Id) At NAIAKEAI SOUTH HILO, NAWA11_ PIREPAMED E►7' - PLP'NN114 DEPARTMENT Courr'7"7 of HAWAII EXHIBIT 11A11 (mmic AND Jost-yN HOOTA) FOR REFERENCE ONLY OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Greggor Ilagan (B/,R) Date Introduced: November 18, 2015 First Reading: November 18 , 2015 Published: November 28, 2 015 Second Reading: December 2, 2015 To Mayor: December 10, 2015 Returned: December 23, 2015 Effective: December 22, 2015 Published: January 9, 2016 REMARKS: I , r k1 � •� t � g l �...1 `C �� P` � � ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X X Paleka X Poindexter X Wille X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNL IL CHAIRPERSON C,A4pprovjeisqpproved this day Off 20 'O NTY CLERK Bill No.: 109 MAYOR, COUNTYOFHAWAFIReference: C-524/PC-35 Ord No.: 15 117