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Home My WebLink AboutORD 2016-085 2014-2016COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO.� 85 215 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 Hawaii 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 Houselets] Waiakea House Lots, Hawaii, shall be General Commercial — 20,000 square feet (CG -20): PARCEL "B" The district classification of the following area situated at [Waiakea Heuselets] Waiakea House Lots, Hawaii, shall be General Commercial — 20,000 square feet (CG -20): PARCEL "C" The district classification of the following area situated at [ ] Waiakea House Lots, Hawaii, shall be General Commercial — 20,000 square feet (CG -20): SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005, Edition), the County Council finds the following conditions are: -1- (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. ef Water- Supply in aeeefdanee with its "Water- Gemmitment Gmidelines Pokey" ,;",, 90 days &,,,,., the off e five date ,.f this erdi.,.,, ee] The applicant shall 11111C111V V 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 -2- 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 Mule No. 17 (Landscaping Requirements). D. A five-foot wide future road widening strip along the [Kinene] 11mano 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 [K"anaea] 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 [Kel naeaI Kekuanao`a Street and [bene] 11mano 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. -3- G. Access shall be prohibited from [Kek aea] 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. I. Should the annlicant, successors or assigns develop a land use which the Plannin Department in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Anal "Isis (TIARI shall be submitted for review and approval by the Department of Public Works prior to Final Plan ApprovalThe applicants shall implement when required by the Department of Public Works, at no cost to the Count , @Ln 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 Hawaii Coun 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. me [-I-.] 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. [-:] M. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. [K-.] N. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. [L:] 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, Hawaii County Code relating to Affordable Housing Policy. This -5- 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. [a] R. If the applicantLss,), successors, or assigns develop residential units on the subject properties, the applicants 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 [$6,"� '�5] $8,754.58 per multiple family residential unit ([Q9�1-.M] $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,�-'�49] $4,318.39 per multiple family residential unit ([$4,447-.931 $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 ([$233:431 $317.37 per single family residential unit) to the County to support police facilities; 0 3. [$387:46] $419.84 per multiple family residential unit ([$459:06] $626.84 per single family residential unit) to the County to support fire facilities; 4. [Q'�4] $187.12 per multiple family residential unit (1$30018] $274.44 per single family residential unit) to the County to support solid waste facilities; and 5. [$2,'� 04.3_] $3,692.75 per multiple family residential unit ([$4,280.82 $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. [g] S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [@] 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. -7- fes] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Hawaii 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. 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. Hilo , Hawai`i Date of Introduction: July 19, 2016 Date of 1st Reading: July 19, 2016 Date of 2nd Reading: August 3, 2016 Effective Date: August 18, 2016 REFERENCE Comm. 907 INTRODUCED BY: ME CJ O 0 z N RS•10 - - -- RS f0 — --- RS -10 ML -20 o 4 S -i0 RS -10 I , CN -20 CN -7.5 � CN -20 RS -10 RSI -10 I R .10 CN -10 -- O RS 10 RS -10 I 1.10 0 z N RS•10 - - -- RS f0 — --- RS -10 ML -20 o 4 S -i0 RS -10 I CN -20 RS -10 � CN -20 RS -10 RSI -10 I R .10 CN -10 -- RS 10 RS -10 040- --i" RS --Td ' - R -10 ML -20 a - - W - E I M -10 --- R5 i0 R5-10 ' RS -10 a RS -10 A R5�.10 S-10 KEKUANAOA 5T RS -10 ML -20 o 4 R5-10 RS -10 � — 9,G51.00 E - ----- — RSI -10 RS -TO RS -10 RS -10 040- --i" RS --Td ' - R -10 ML -20 a - - W - E I M -10 --- R5 i0 R5-10 ' RS -10 a RS -10 A R5�.10 S-10 RS -10 ML -20 4 ML -20 - ----- — RSI -10 RS -TO PARC L'B" RS -10 CC -20 SI NGFAMILY- RESIDENT AL (RS -10) --' - - — - TO GE 4ERAL �11,900 SQ. FT.I CG-20 •• --i- i,663TQ S 10, 0E -- - - — o RS 10 RS- 0 RS f0 R,:RE- AR EL "A„ RS -i0 RS -10- - A LY a 4 EN IAL (RS -10) PARC L "URS -10 G ERRAIr---- -- S FAMILI4"ER IAL (CG -20) RESIDENT AL (R -1022,30 SQ. .TOGE ERA (CG -20)R0 RS -10 RS -10 11,250 SQ. FT. RS -10 Ch 260 130 0 260 520 780 1,040 1'3 Feet 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 (CG -20) AT WAIAKEA HOUSE LOTS, FIRST SERIES, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII. Date: December 7, 2005 8 079 int„ icirl nonfIIPS Inc •11881 EXHIBIT "A" FOR REFERENCE ONLY OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Date Introduced: First Reading: Published: REMARKS: Greggor July 19, July 19, July 30, Ilagan (B/R) 2016 2016 2 016 NOES ABS EX Chung X David Second Reading: August 3, 2016 To Mayor: August 11, 2016 Returned: August 18 2016 Effective: August 18, 2016 Published: September 3, 2016 REMARKS: Irl. ,=i. � �•.S4 1101,'j`` 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. ---� COUNCIL CHAT ERSON t Approvedl ' approved this �g day of AV695f 20_1�__. CO CLERK °e MAYOR, COUNTY OF HAWAI `I Bill No.: 215 Reference: C-907/PC-69 Ord No.: l G 85