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Home My WebLink AboutORD 2016-080 2014-2016COUNTY OF HAWAII STATE OF HAWAII BILL -NO. 209 ORDINANCE NO. 16 80 AN ORDINANCE AMENDING ORDINANCE NO. 03 115, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL —1,000 SQUARE FEET (RM -1) TO VILLAGE COMMERCIAL — 7,500 SQUARE FEET (CV -7.5) AT HONUAULA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-022:040. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 03 115 is amended as follows: `SECTION 1. Section 25-8-5, Article 8, Chapter 25 (Zoning Code) of the 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 Honuaula, North Kona, Hawaii, shall be Village Commercial — 7,500 square feet (CV -7.5): 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- (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. Water Supply,] The applicant shall construct necessary waters sY tem 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 fir 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 gpplicant shall comply with all other applicable DWS policies and requirements. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this [fie] amended ordinance. This time period shall include securing comments from the Kailua Villagegn Commission and 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. The applicant shall provide adequate off-street parking and a turnaround before entering the County road right-of-way. Landscaping shall be indicated on the plans for the purpose of -2- 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. The applicant shall provide a five (5) -foot future road widening setback along the entire Kalawa Street frontage of the subject properly and show the future road widening setback on any site plan for Plan Approval. All structural setbacks shall be taken from this future road widening1ine. [The appheant shall pr Kalawa Stre04 f-efft ng the -- x eet pYer -eft�� The al p _ «tai a r widen, by 5 f e* and] The Applicant shall provide full improvements to the entire((as widened)] Kalawa Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works. The [widened st-Fe ] improvements shall be dedicated without cost to the County of Hawaii prior to the issuance of a Certificate of Occupancy. Install street lights, signs and markings, meeting with the approval of the Department of Public Works, Traffic Division. E. The driveway connection to the subject parcel from Kalawa Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and meet with the approval of the Department of Public Works. Driveways shall conform to County Standards Details. All sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO Guidelines. F. A drainage study shall be prepared, and the recommended drainage system shall be constructed, 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 development. -3- 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. A Solid Waste Management Plan shall be submitted the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. I. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. 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 the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. The applicant shall comply with all applicable laws, rules, regulations'and requirements of affected agencies for approval of the proposed development. L. If the golicant(s) successors or assign(s) develops residential units on the subject property the applicants) 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 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 so 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 maybe adjusted annually begnning 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 $8,754.58 per multiple family residential unit ($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: $4,318.39 per multiple family residential unit ($6,608.08 per single family residential unit) to the Count to support park and recreational improvements and facilities; 2. $136.48 per multiple family residential unit ($317.37 per single family residential unit) to the County to support police facilities; 3. $419.84 per multiple family residential unit ($626.84 per single family residential unit) to the County to support fire facilities; 4. $18712 per multiple family residential unit ($274.44 per single family residential unit) to the Cojjpjy to support solid waste facilities; and 5. $3,692 75 per multiple family residential unit ($5,845.47 per single family residential unity to the County to support road and traffic improvements. -5- 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. [L -.]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. [M -.]N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of [ ] this amendment. The report shall include, but not limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. O. 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 Hawaii County Code Chapter 11 as it relates to affordable housing_ Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Communily Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval. ....... ........ MMMMM 13 M0.7 -per -MM 01 ■�rai�s%�:]ai1R:i:i��i.sooR:n�:i �.a:I t•�ri+. r� :,•rlire.•a:i�a�ni:�a:nla iavwrati�irr:/a�-�i l l�r�.: [!,�\'tom ■!,.l\Z: \:I.a:I�I�I�I ..l•,.\Z7�R�1tt.fZ%rl�)lel%r��1i17=121117............... 5. if the applicant she c requke an additional extension of fime, th rac.e:•iuir��.razvs iraainera..•r? :irr.ae:is.e i�iir\�•r:a�.aaR�.•i'ase ieiiz :1•f:r�'i Should the applicant require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawaii County Council for appropriate action. [9:]Q. 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." -7- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo , Hawai`i Date of Introduction: June 15, 2016 Date of 1 st Reading: June 15, 2016 Date of 2nd Reading: July 7, 2016 Effective Date: July 25, 2016 REFERENCE Comm. 888 ■QI CG -20 N l w CG -20 CG -20 QU / , / , hid J5 \ ah�md A -5a �'.CG -20 G �� `� ��5 I RS -7.5 UHC, 7 A -5a CG- 20 V-1.25 i aj�• a O CG -20 ��\�4' � ''� ' o' A -5a V- x.25 .ZO t \ W Llaki 1171 if `CV -7.5 jS �. '� �� 14,\ 3.'\. _i V?.75 Gd�aa ,1 g ;� ', s i --v \ A -5a �d V-.75 t \� V-75�1,D.87 r P.O-3 7!�' ?oI 139235 E Rnn \,� , r RM_ 1 , F � 75 Sdd \ TIPLE-FMILY RESIDENTIAL V-.75 . `. sr'\ � \ 6 COMMERGiAL CV 5 1 1 Q w V-.75 '. ) 5 cf RE4= 7,50,0 SQ, FT. cv ? A , 3� v.7s`� \ _ 2-41 '' 1 f 1 CV -7.5 '4 '• 4t `s` RD -3.75 -... A -5a V-.75 aha CV -7.5!j RM -1 RM -1 OPENrT V -x,75 \ `� RM -2.5 CV•7.5 V-.75 ` CV -7.5 OPEN �5 °¢. CV -7.5 �W V-.75 9�• ` i t V-.75 V-1 .25 \ V-1.25 i t Ja 500 250 0 500 1,000 1,500 2.000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) -ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE -FAMILY RESIDENTIAL (RM -1) TO VILLAGE COMMERCIAL (CV -7.5) AT HONUAULA, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT AK: 7-5-022:040 COUNTY OF HAWAII XFIIBIT "A'� _ - - - Date: April 23, 2003 --p iminym Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Greggor Ilagan (B/R) June 15, 2016 June 15, 2016 July 2, 2016 Second Reading: July 7, 2016 To Mayor: July 15, 2016 Returned: July 25, 2016 Effective: _ July 25, 2016 Published: Julv 30, 2016 REMARKS: 7016 ",L1L 2 5 F 2: 59 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 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 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. � CO UNCI AIRPERSON ApprovedIDi approved this 25"t day o I " 20J(e_. CO3C0j CLERK f ` Bill No.: 209 MAYOR, COUNTY OF HAWAII Reference: C-888/PC-66 Ord No.: 26 80