HomeMy WebLinkAboutBIL 085 Draft 01 2018-2020 JNZV of H,h.
COUNTY OF HAWAII '. " STATE OF HAWAII
BILL NO. 85
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 07 105 WHICH RECLASSIFIED LANDS
FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO
NEIGHBORHOOD COMMERCIAL—40,000 SQUARE FEET (CN-40) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-039:031, 057, 068 AND 069.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 07 105 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 {(2005
Edition)] (2016 Edition, as amended), 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 fiilfill 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. [The fequired water eemmitment pa��ent shall be stibfflitted to the DepaAment of Water-
Supply in aEEe nee with the "Wate3 Commitffient Guidelines Pohey"Within 180 days
ft the eff tive date of this ,,fdin tiee.] 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 in accordance with Rule 5 of the Department of Water
Supply's Rules and Regulations.
C. Construction of the proposed [ii rprew.......ts] project or other use permitted in the zoning
district shall be completed within five (5) years from the effective date of this amended
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 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),
Chapter 25 (Zoning Code), Hawaii County Code. Landscaping shall include rock walls
or fences on the northern boundaries, as agreed upon between the applicant and owners of
lands adjacent to such northern boundaries, as maybe evidenced by any written
agreements in existence as of the effective date of this [t:ezen-irng] amended ordinance.
D. [The ap, 1;..a f shall seeufe Final Consolidation--approval of pmcol" 31,57,� 68 cciic`l 69
within ee year f+om the effeetive date of this !d .] To accommodate for the
implementation of the State's Puainako Street realignment and improvement project
a fixture road widening strip of approximately(ten) 10 feet of additional right-of-waX
along the western property boundary and along the northeasterly curb returns at the
intersection of Kilauea Avenue and Puainako Street and a future road widening strip of an
additional right-of-way, varying between zero (0) to ten (10) feet along the property's
Puainako Street frontage to provide a minimum 70-foot road right-of-way as measured
from the Puainako Sheet centerline, shall be delineated on plans submitted for Plan
Approval. All building setbacks shall be taken from the future road widening strip Upon
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the request of the State Department of Transportation, the applicant it's successors or
assigns shall subdivided the land encumbered by the future road widening and shall
dedicate it to the State at no cost.
E. A Traffic Impact Analysis Report (TIAR) shall be submitted to the Department of
Transportation Highways Division, through the Hawaii District Office and to
Department of Public Works—Traffic Division for review and shall be approved prior to
the issuance of Final Plan Approval. A copy of the TIAR shall also be submitted to the
Planning Director. The applicant shall construct any improvements required by the State
Department of Transportation and County Department of Public Works—Traffic
Division prior to the issuance of Certificate of Occupancy.
F. [Ne pfejeet a] Access to the project site from Kekela Street shall be allowed [ec-ept] for
the general public and delivery vehicles [. �,ceess or del:v ery vehicle ,,, be allowed by
the planning direetor-, in eensultatienv6th the difeetef of ptiblie works, only if the use ean
1 a' 1 „bl• n t>,
b@-1-H=1�ite-d-t6-d e �'e-y't� h'eee'�CCzt�mzr"'g-t�gcir�rc^ir pzr�iczrcec�-ce-crre-pie fce -Si t —f
..,<., t.,,.,, Kroll, Street] and shall conform to Chapter 22 (County Streets) of the Hawaii
County Code. J
G. Access to the [preje site] subject parcel from Puainako Street shall be limited to a single
driveway access with right-in, right-out movements only, and shall meet with the
approval of the Department of Transportation. [The applieant shall eenstfuet ,,,,.,
i...p.—,--As on D„ .,LCA Street .,.-*meat of 4 The
Y �� qun"�E�"��t��e��P�r�z—rruirsT�9rrcrtren—x-ric,�c
e—ents shall inehide extending the existing paved and striped pedestfian walkway
ftern Kekela St. to Kilauea Ave.]
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LI [Notwithstanding Seel o 25 4 5 1(a)[(3)] (4) t] The project shall provide a minimum of
one parking space for each 160 square feet of gross floor area for commercial uses, or the
requirements of Section 25-4-51, whichever is greater. The minimum number of off-street
parking spaces for this project shall [;nilly] be [1-2-3] 57 spaces.
I. 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 issuance of a Certificate of Occupancy.
J. 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. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control,
of the Hawaii County Code.
L. [ , marine shell
(DLNR HPD) shall be immediately notified. Subsequent wofk shall pfeeeed tipen a
haeolegieal eleafanee ft-eftl the DLNR SHPD when it finds that suffieient mitigation
ffleastifes have been*^'- In the unlikely event that surface or subsurface historic
resources, including human skeletal remains, structural remains (e.g. rock walls, terraces,
platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink
holes are identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find, protect the find from additional disturbance and contact
the State Historic Preservation Division. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
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M. 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 requirement shall be
approved by the Administrator of the Office of Housing and Community Development
prior to Final Plan Approval or Final Subdivision Approval, whichever is applicable.
N. If the applicant, successors, or assigns develop residential units on the subject property,
the applicant shall make its 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 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[$6,640] $9,430.86 per multiple family residential unit
([$10,368.57] $14,969.92 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,''� 281.93] $4,657.97 per multiple family residential unit ([$4,°�.91] $7,087.11
per single family residential unit) to the County to support park and recreational
improvements and facilities;
2. [$103.73] $147.03 per multiple family residential unit ([Q'�] $341.89 per
single family residential unit) to the County to support police facilities;
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3. [$319.07] $452.27 per multiple family residential unit ([$476.31] $675.26 per
single family residential unit) to the County to support fire facilities;
4. [$14221] $201.58 per multiple family residential unit ([$208.57] $295.64 per
single family residential unit) to the County to support solid waste facilities; and
5. [$2,806.46] $3,978.01 per multiple family residential unit ([$4��42.50] $6,297.02
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.
O. Should the Council adopt [an] 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.
P. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Q. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of[tom] this amended 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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R. [An initial extension of fiffie faf the peffofmanee of eonditions within the or-diflaflee may
be gauuac. by the Planning Difeetof tipan the foil istanees:
i The non peffofmanee is the result of eonditions that coUld not have been f4eseen
ot!are beyond the eontfol of the > sueeessofs of >
and that afe no
tlfes„lt of their-f tilt , „l;..enee
u ac.
Zoning2. Granting of the time extension would not be eontfat:y to the Genefal Plan a
Code.
3. Cir-anting of the time extension would not be eontr-afy to the original reasons fo
the ga uaacnag
of the ehange of zene-
d The time extension granted shall be for- " o not too ee the ,,.1
-r. a uv aaaaav c.n o
ofiginally-g ted fef per•€efman"e ( ; nd do to be per-f,.me . ithi
one your may be one additional year).
5J 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.
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 repealed is bracketed and stricken. New material is
underscored.
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SEC'T'ION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SEC'T'ION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF ITAWAPI
Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 337
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Feet
AMENDMENT TCS 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-10,000 SQ. FT. (RS-10)
TO NEIGHBORHOOD COMMERCIAL-40,000 SQ. FT. (CN-40)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
K:2-2-039:031,057,068,069 Date:December 27 2006
EXHIBIT"A" (Ginger Patch,DP,LLCA214)
FOR REFERENCE ONLY