HomeMy WebLinkAboutBIL 215 Draft 01 2014-2016 �tY OFN�''•,,,,.
COUNTY OF HAWAII -1 -"" '�� • STATE OF HAWAII
BILL NO. 215
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 06 114, 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, HAWAII,
COVERED BY TAX MAP KEY: 2-2-034:066, 078 AND 079.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 06 114 is amended as follows:
"SECTION 1. Section 25-8-33, 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:
PARCEL"A":
The district classification of the following area situated at [ ]
Waiakea House Lots, Hawai`i, shall be General Commercial —20,000 square feet(CG-20):
PARCEL"B"
The district classification of the following area situated at [Waiakea Hot•selets]
Waiakea House Lots, Hawai`i, shall be General Commercial—20,000 square feet(CG-20):
PARCEL"C"
The district classification of the following area situated at [Wa:ake Ho,,selots]
Waiakea House Lots, Hawai`i, shall be General Commercial—20,000 square feet(CG-20):
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005.
Edition), the County Council finds the following conditions are:
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(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, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B.
. - . . . . •- . - - • - - - -- -- , ,
within 90 days from the effective date of this ordinance.] The applicant shall
construct necessary water system improvements as required by the Department of
Water Supply(DWS), which may include, but not be limited to, the installation of
a reduced pressure type backflow prevention assembly and improvements to meet
DWS' commercial zoning fire flow standard of 2,000 GPM at the site for fire
protection. 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. The applicant shall comply with all other applicable DWS
policies and requirements.
C. Construction of the proposed improvements shall be completed within eight (8)
years from the effective date of this ordinance. This time period shall include
securing Final Plan Approval from the Planning Director in accordance with the
Zoning Code. Plans shall identify proposed structure(s), fire protection measures,
access roadway, driveway and parking stalls. Landscaping shall be indicated on
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the plans for the purpose of mitigating any potential adverse noise or visual
impacts to adjoining parcels. Landscaping shall be provided in accordance with
the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements).
D. A five-foot wide future road widening strip along the [Hines] Hinano Street and
Laukapu street frontages and a 10-foot wide future road widening strip along the
[Kelm] Kekuanao`a Street frontage shall be subdivided and dedicated to the
County within eight (8) years from the effective date of this amended ordinance
or prior to issuance of occupancy permits for the proposed development,
whichever is sooner.
E. The applicant shall provide full improvements to the project's frontage along
[Keh] Kekuanao`a Street and Laukapu Street consisting of,but not limited
to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation, meeting with the approval of
the Department of Public Works, within eight(8)years from the effective date of
this amended ordinance or prior to issuance of occupancy permits for the
proposed development, whichever is sooner. The improvements shall be located
within the future road widening setback.
F. Provide a minimum 20-foot corner radius (property line) at the intersection of the
future road widening setback lines along [Kelm] Kekuanao`a Street and
Laukapu Street. Provide a 33-foot corner radius (conforming to the back edge of
the existing sidewalk) at the intersection of the future road widening setback lines
along [Kelm] Kekuanao`a Street and [Hinono] Hinano Street within eight
(8) years from the effective date of this amended ordinance or prior to issuance of
occupancy permits for the proposed development, whichever is sooner.
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G. Access shall be prohibited from [Kelm] Kekuanao`a Street, except for
access to the two existing homes until they are demolished.
H. Install streetlights and traffic control devices as required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design,
purchase, and installation of such devices.
Should the applicant, 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 (TIAR)
shall be submitted for review and approval by the Department of Public Works
prior to Final Plan Approval. The applicants shall implement, when required by
the Department of Public Works, at no cost to the County, any transportation
system improvements to Laukapu Street, Hinano Street, or Kekuanao`a Street that
may be deemed necessary by the Department of Public Works.
J. Any existing and/or proposed structures shall connect to the public sewer in
accordance with Section 21-5 of the Hawai`i County Code prior to issuance of a
Certificate of Occupancy.
K. If required by the Director of the Department of Environmental Management, the
applicant 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. Prior to the issuance of a Certificate of Occupancy, the applicant
shall provide such sewer line or other facility improvements as the Director of the
Department of Environmental Management may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the
development.
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[1] L. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
the recommended drainage system shall be constructed, meeting the approval of
the Department of Public Works prior to the receipt of a certificate of occupancy.
[J] M. A Solid Waste Management Plan shall be submitted to the Depai tuient of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
[I7] N. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control,of the Hawaii County Code.
[h] O. 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.
[lam] P. Should the Council adopt a[n] 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] Q 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
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requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to final plan approval for any new residential
structures.
[49,] R. If the applicants,), successors, or assigns develop residential units on the subject
properties, the applicant(s) shall make its (their) fair share contribution to mitigate
the potential regional impacts of the properties 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
maximum combined value of[$6044725] $8,754.58 per multiple family
residential unit([$9,991.20] $13,672.20 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. The fair share
contribution per multiple family residential unit(single family residential units)
shall be allocated as follows:
1. [$3,162.49] $4,318.39 per multiple family residential unit([$4,817.93]
$6,608.08 per single family residential unit) to the County to support park
and recreational improvements and facilities;
2. [$99.95] $136.48 per multiple family residential unit([$232.42] $317.37
per single family residential unit) to the County to support police facilities;
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3. ($3.0.7746] $419.84 per multiple family residential unit 0459A161 $626.84
per single family residential unit) to the County to support fire facilities;
4. ($137.04] $187.12 per multiple family residential unit ([$200.98] $274.44
per single family residential unit) to the County to support solid waste
facilities; and
5. 182,7 4] $3,692.75 per multiple family residential unit(154,280.821
$5,845.47 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 ] S. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
[Q] T. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include,but not
be limited to, the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
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[} ] U. [ - •- '. - -- -- . - . -- ., • . ' - -
eireumstaneesi
1. The non performance is the result of conditions that could not have been
- --- . . - . . . . . ., , . - . . •• ,
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.
originally granted for performance(i.e., a condition to be performed within
f5] If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the Hawai`i
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 subject 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.
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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:
2
C• `CIL i AIF BER, CO kr OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 907
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eet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO 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 (RS-10)
TO GENERAL COMMERCIAL (GG-20)
AT WAIAKEA HOUSE LOTS, FIRST SERIES, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
Date:December 7,2005
TMK:2.2-034:066,078&079
EXHIBIT „A., FOR REFERENCE ONLY (Big Island Candies,Inc:1188)