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Home My WebLink AboutORD 2019-090 2018-2020 .n l,/,,7 , COUNTY OF HAWAII `'' `�''�'� '*" STATE OF HAWAII 19 90 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, Hawai`i County Code 1983 f(- 0-0-5 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 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. [The required water commitment payment shall be submitted to the Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance.] 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 [improvements] 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), Hawai`i 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 may be evidenced by any written agreements in existence as of the effective date of this [rezoning] amended ordinance. D. [The applicant shall secure Final Consolidation Approval of parcels 31, 57, 68 and 69 - - :- -. - -- -- - - - :. - : -. : :'-. - -.] To accommodate for the implementation of the State's Puainako Street realignment and improvement project, a future road widening strip of approximately(ten) 10 feet of additional right-of-way along the western property boundary and along the northeasterly curb return 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 Street centerline, shall be delineated on plans submitted for Plan Approval. All building setbacks shall be taken from the future road widening strip. Upon -2- 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 Hawai`i 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. [No project a] Access to the project site from Kekela Street shall be allowed [except] for the general public and delivery vehicles [. Access for delivery vehicles may be allowed by the planning director, in consultation with the director of public works, only if the use can any, from Kekela Street] and shall conform to Chapter 22 (County Streets) of the Hawai`i County Code. G. Access to the [project 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 applicant shall construct any improvements on Puainako Street as required by the Department of Transportation. These from Kekela St. to Kilauea Ave.] -3- H. [Notwithstanding Section 25-4 51(a)[(3)] ( ), 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 [initially] be [123] 57 spaces. 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 Hawai`i County Code. L. [Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell and the Department of Land and Natural Resources State Historic Preservation Division (DLNR HPD) 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.] 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. -4- 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, Hawai`i 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[W6-53.40] $9,430.86 per multiple family residential unit 0-1-0T36-8757] $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 ([$4,999.91] $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 ([$241.20] $341.89 per single family residential unit) to the County to support police facilities; -5- 3. [$319.07] $452.27 per multiple family residential unit 047673-9] $675.26 per single family residential unit) to the County to support fire facilities; 4. [$142.21] $201.58 per multiple family residential unit ([$208.57] $295.64 per single family residential unit) to the County to support solid waste facilities; and 5. [$.4806A6] $3,978.01 per multiple family residential unit ([$4,442.50] $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[the] 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. -6- R. [• - •-• • - -- '-- - ; ._ ; - - - - -' •- - . - - -'- - - -- • '- , •• - - •- • • .. 1. The non performance is the result of conditions that could not have been foreseen 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 of the time extension would not be contrary to the original reasons for 1. The time extension granted shall be for a period not to exceed the period one year may be extended for up to one additional year). } 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. -7- SECTION 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. SECTION 4. This ordinance shall take effect upon its approval. INT ODUCED BY: 44P" COUNCIL MEMBER, COUNTY OF AWAI`I Hilo , Hawai`i Date of Introduction: July 24, 2019 Date of 1st Reading: July 24, 2019 Date of 2nd Reading: August 7, 2019 Effective Date: August 21, 2019 REFERENCE Comm. 337 -8- _____, III RS-1RS-10 11111111PIP ' tiifNIL / . b ; J_ ___ 111j1.._folk ill � r KILAUEA Aye I -�10 CN-10 RS-1011111 RS-!0 r R !0 ' TilkS. IP !0 `RESIDENTIAL-10000 SQ.FT.(RS-10) t. Rs-!o Rs- T�NEIGHBORHOOD '` --, 1 _-.. - 0 8� COMMERCIAL-40000SQ FT. CN-40 ?�T;:' i 88317 SQ.FT. O. Illii CR CN-10 RS-10 101,111, Ilk •-2p RS-10 RS-10 r .r CG-20 OPEN , r 11111 RS-10 l‘k. z CG-20 kq -" �� -•P^F—N— C1 OPEN v r .-2Q 'Gov 11141 10 11111111111 �� CG-20CG 10 SEN 360 180 0 360 720 1080 1440 1 "'_`--- -., Feet AMENDMENT 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 TMK:2-2-039:031,057,068,069 Date:December 27,2006, EXHIBIT"A" (Ginger Patch,DP,LLC:1214) FOR REFERENCE ONLY ti OFFICE OF THE COUNTY CLERK Y '; TY OF HAWAII County of Hawai`i Hilo, Hawaii 21 48 Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE Date Introduced: July 24, 2019 AYES NOES ABS EX First Reading: July 24, 2019 Chung X Published: August 3 , 2019 David X Eoff X REMARKS: Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X Second Reading: August 7, 2019 9 0 0 0 To Mayor: August 15, 2019 Returned: August 21, 2019 ROLL CALL VOTE Effective: August 21, 2019 AYES NOES ABS EX Published: August 31, 2019 Chung X REMARKS: David X Eoff X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRP SON COCS1-' Approved •isapproved this day uSt 19 of , 20 COUNTY CLERK 85 Bill No.: MAYOR, COUNT OF 1WAII Reference: C-337/PC-26 Ord No.: 19 90