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Home My WebLink AboutORD 2009-060 2008-2010 J~~,110i M, Y ~ COUNTY OF HAWAII STATE OF HAWAII . o=- ,t[ Of •N?i~ BILL NO. 56 (DRAFT 2 ) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 00-31 WHICH RECLASSIFIED~LANDS FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) T'O NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:084 (FORMERLY TAX MAP KEY: 2-2-034:085 AND 093). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 00 31 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: The district classification of the following area situated at Waiakea, South Hilo, Hawai°i, shall be Neighborhood Commercial - 20,000 square feet (CN-20): SECTION 2. [ T'i.;~ ,.r,~,,,,o ,a;~~,.;,.~ „i„~~;~„~.;en--is-eend~;,,,,~,~ , „ rtio ~ >>~v~in~~ In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition) the County Council finds the following conditions are: 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 res ep ct to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed improvements and related improvements shall be completed within five (5) years from the effective date of this [ems-xa~ce]amendment. This time period shall include securing Final Consolidation Approval and Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise or visual impacts to surrounding properties. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. Plans shall also indicate a 5-foot future road widening setback along the properties' Manono Street frontage. C. Driveway accesses from Manono Street and [l~i~a~~a] Hinano Street shall meet with the approval of the Department of Public Works. D. The applicants shall construct the following roadway improvements along the subject property's Manono Street frontage, meeting with the approval of the Department of Public Works: 1. Ahalf-section of roadway improvements on the east side of Manono Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of--way and 60 feet. 2. Ahalf-section of roadway improvements on the west side of [~~~e] Hinano Street consisting of a 16-foot wide A.C. pavement with concrete -2- curb, gutter, and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of--way and 50[-]feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manono Street and [mane] Hinano Street shall be completed within five (5) years from the effective date of [fie ^''^n~° ^,.a;,,^r^°]this amendment or in conjunction with the County's road widening improvements, which ever occurs first. E. The 5-foot wide future road widening section fronting the subject property along Manono Street and roadway improvements on [bane] Hinano Street shall be subdivided and dedicated to the County of Hawaii. t4,o Tlv,,~,-+,~,o,~.+ ,.~U„l.l;.. ~xT,~.-L~ ; . ,;+1-, +L,o ~„l.,ti,;++.,1 „4',-.1~,,~ F F. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan A~ rp oval, G. Sewer line connections shall meet with the requirements of the Department of [D~~'~'~^ "~T~'~~]Environmental Mana eg ment. H. If the applicant, successors, or assigns develop residential units on the subject propert , t~ e applicant shall make its fair share contribution to miti atg~ e the potential regional impacts of the ~roperty with respect to parks and recreation, -3- 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 andcombination thereof shall be determined by the County Council. The fair share contribution maY be adjusted annuall~be innin three nears after the effective date of this ordinance, based on the percenta e change in the Honolulu Consumer Price Index (HCPl) The fair share contribution shall have a combined value of $7,383.36 per multiple family residential unit ($11,506.13) per since family residential unity 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 unit) shall be allocated as follows: 1. $3,642.0() per multiple family residential unit ($5,548.46 per single family residential unit~to the Count t~upport park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit~to the County to support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit~to the Count t~pport fire facilities; 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and 5. $3,114.36 per multiple family residential unit ($4,929.90 per single family residential unit~to the Count t~pport 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 re ion impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the -4- appropriate agencies and approval of the County Council. I. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, the applicant shall comply with the requirements of Chapter 11, Article I , Hawaii County Code relating to Affordable Housing Policy._ This requirement shall be approved bathe Administrator of the Office of Housing and Community Development prior to Final Plan Approval. [l~)J. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicants shall submit a final status report, in writing, to the Planning Director. [~]I~. Comply with all other applicable rules, regulations, and requirements of the affected agencies for the development of the subject property. [3:]L. 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. L~jM• ~ °v n~v , l,o „toa 1,., tl,o Dl~,,,,;,,,. Tl;«o„t~.,- . tL,~--f$116g ~t~ 1 T1,o o,-f ,-„,~„~o tl,o ro „lt „F~,,,,(l~t ~ „lrl t 1,.,.,o L,oo„ -o~ov„ o L.o.,~„~ tl,v „t,-.,l .,f'tl,o ,,1;~~„t ~ o „rl tl,~t ~ .,t tl,o „lt ~,f'tl,o;,- ~ „lt Rl;.~o„,.o !':,-.,,,t;,-.n ~~tL,o t;,,,ao~,to„~;~„,~„~,,,1.~ .,t ],o „t,-.~,-~, t~, tl,o f~c°izcrui-i~iun !=,-.,,,t;., .,f rl,o t;,,,a_`vtor.c.;~„ , „l.l ,,,,tom 11v~. ~viitiur"7 ~vii~vriizg'.irai -5- nc. f r +L.o nrnr,+;hn ^4'+1.a i.l.nr.no ^f'-~~.r.~ 4--z ne-time -~t~ ~I nl~rl.~.~ra + a 4f,~~@~~^ m ~-ti-~_ d-1-t~.~ 1~~~ ~7 ~t~i-1 1 1ZTGC[-I~O VCI lIZfIIE ,'a-G'07T T~ V~I~T TI , Dl.,r„2;,,~. Tl;ro~+~,r ~L,nll ~„L.m;+ +L,v ~ ..1:..~,,+~~ r +L,o Dln,,.,:.-... r-rarnz ° ~^m„-,;~°;^„ ,,,,,a r^,,.,+,, r^,~.,n;1Pat~-R~ti~r] 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. [~]N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material 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. SEC'T'ION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII bona, Hawaii Date of Introduction• April 22, 2009 Date of 1st Reading: April 22, 2009 Date of 2nd Reading: May 6, 2009 Effective Date: May 22, 2009 REFERENCF~ Coerxn: 218.2 _6_ i 1 cu - cu - >.s cG - rab - 20 - G4-7.5 LG-7, cG->.S M -7 R9-1a RS-I~ Rs-10 RS-1 R -tC ML-20~ ~ ~ ~ r- ~ R _ .5 J~5-!O M -IO G 11AL- Q R5•f0 RS-10 ~ .ItS-10, Rg-10 w U LA I ~ RS-f0 TR ET ~ ~ zs3.o s a R , , m HALM" ~ a ~ xs -'lo Rs - ro µa - 10 ~ Rs - to cb-ao Rs - to cu-~o rl's-lo ,yo ~ Rs-lo xs-1o Rs ra - R - ro ~L - z KEKUANApA - - - >IJE - _STREET RS-IQ RS-1-- R5-JO SINGLE FAMILY RESIDENTIAL (RS-10) Td NEIGH80RHOOD COMMERCIAL (GN--20) Rs - ro AREA: 67.500 SQ.FT. Q • Q = ~ o ~ _ J O X Lt1 Z RS-Id ~ R5-10 RS,IC z RS-Ip Z d ~ ~ ~ ML-2 Y L ILANI ~ SIRE T AMENDMENT ~ TC THE Z~N1NG CODE AMENDING 5ECTiON 25--8-33 (CITY OF HIt:O ZONE MAP) ARTICLE CHAPTER 25 (ZONING CODE) OF THE HAWAi! COUNTY CODE, 8Y CHANGING THE DISTRICT CLASSIFlCATiON EROAI SINGLE FA>r4iLY RESIDENTIAL (RS-f Q) TO NEIGMBORNOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH NILQ, HAWAII. PREPARED 9Y Pr-ANNING DEPARTA.IENT COUNTY OF HAWAII TMK '-2-si dS ac 93 JANUa.RY 1,3, 2000 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii , (Draft 2) ~ ~ - Introduced By: Donald Ikeda ROLL V E Date Introduced: Apri 1 2 2 , 2 0 0 9 ~•'"'e'`~ ('tai S t ' NOES ABS EX ~,v First Reading: April 2 2 , 2 0 0 9 Enriques X ~ , Published: May 1, 2009 Ford ~+',;•'X Greenwell X REMARKS Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X Second Reading: May 6, 2 0 0 9 g 1 0 0 To Mayor: May 14 , 2 0 0 9 Returned: May 2 2, 2 0 0 9 ROLL CALL VOTE Effective: May 22, 2009 AYES NOES ABS EX Published: June 2. 2009 Enriques X Ford X REMARKS. Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 7 1 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FO AND LEGA ITY: COUNCIL CHAIRPERSON DEPU CORPORATION C NSEL COUNTY OF HAWAI`t Date PLAY 19 2009 OUNTYCLERK 56 (Draft 2) /J Bill No.: ~,1[~~I' C-218.2/PC-26 Approv is roved this ~ day Reference: Ord No.: o , 2D AYOR, NTY OF HAWAI `I ~tv or p~ Iq~ i COUNTY OF HAWAII STATE OF HAWAII ~ BILL NO. 56 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.00-31 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:084 (FORMERLY TAX MAP KEY: 2-2-034:085 AND 093). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 00 31 is amended as follows: "SECTION 1. Section 25-8-33, Article 8 Chapter 2S (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 [~~ea} Waiakea, South Hilo, Hawai `i, shall be Neighborhood Commercial - 20,000 square feet (CN-20): , SECTION 2. [ In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition.L County Council finds the following conditions are: Necessaryprevent circumstances which maybe adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the Rroposed use, or Fulfillment of the need for public service demands created b, proposed use. i i A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed improvements and related improvements shall be completed within five (5) years from the effective date of this [^]amendment. This time period shall include securing Final Consolidation Approval and Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise or visual impacts to surrounding properties. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements standards for CN zones adjoining zone. Plans shall also indicate a S-foot future road widening setback along the properties' Manono Street frontage. C. Driveway accesses from Manono Street and [inane] Hinano Street shall meet with the approval of the Department of Public Works. D. The applicants shall construct the following roadway improvements along the subject property's Manono Street frontage, meeting with the approval of the Department of Public Works: 1. Ahalf-section of roadway improvements on the east side of Manono Street consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements within the future road widening setback area established as one-half the distance between the existing right-of--way and 60 feet. -2- 2. Ahalf-section of roadway improvements on the west side of [Fli~xe] Hinano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter, and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of--way and 50[-]feet. 3. If required, installation of street lights, signs, and traffic markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manono Street and [mile] Hinano Street shall be completed within five (5) years from the effective date of [tke ,.h,,,,Q° ^~'^r° ^,.,1;,,^r°°]this amendment or in conjunction with the County's road widening improvements, which ever occurs first. E. The S-foot wide future road widening section fronting the subject property along Manono Street and roadway improvements on [~inaee] Hinano Street shall be subdivided and dedicated to the County of Hawaii. Ta' A C 1'.1 ~7~7 t° Tiinr,n..°.v.°r~ Dln„ l,nll l,° ~„l.„.,;~~°.1 ~ ,-,-°,•;°:v nr,.l nrrrniznl tom, [ii-I-C7VnU~Y't-Ci.TCG LPZIIiIL[gGI1TGiiC'SZiIII~.SIlA1T0' ~uv+u+«va+ iva av •+v •n.Nrav ~v v ~l~ ll° .,,-f,~-, ,-,t ,.4'D„1.1;.. ~JI7.,.-L., '41 _tl-.° ~„L,.,-,;++.,1 ,.£,,ln,,~ F ^ii'a'icci vir w icrr acc Dl.,,, A,..-..-.,...,1 4^ ~1~° Dlnnr,ir,~, Tl;,-°~.tv~] F. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. G. Sewer line connections shall meet with the requirements of the Department of [p~~'~l~° `x'^rl~°]Environmental Mana eg ment. -3- H. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair share contribution to miti atg e 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 maybe adjusted annually be ig nnin tg hree years after the effective date of this ordinance, based on the percenta e~ change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $7,383.36 per multiple family residential unit ($11,506.13) 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 unit) shall be allocated as follows: 1. $3,642.00 der multiple family residential unit ($5,548.46 per single family residential unit) to the Count t~ o support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the Count two support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit) to the County to support fire facilities; 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and 5. $3,114.36 per multiple family residential unit ($4,929.90 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 -4- land and/or construct improvements/facilities related to narks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted b~proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. I. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, 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. [IC]J. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicants shall submit a final status report, in writing, to the Planning Director. [~]K. Comply with all other applicable rules, regulations, and requirements of the affected agencies for the development of the subject property. [d-]L. 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 ~ ~ ~ ,.~~:.,.o ~ ,..~,o ors o,.~,..,a;~;,, L >ll 1111 L1 C11 VALVIIJI~ l1N/'~, 1', n,',n~ ,1 1 ~0 R H~o~ ~1i1 ~'~,o D~.,NNIY, ~1yon~AV l1N/1H +~p ~ ~~l1~i~ r V1 U111LL11VV lllll.~' VV ~1 UlIiS. [~~n rr 1 ~11o t1 o,~r~l m'1 nY,no ,n ~~,e ro 11~+ /~T 1. />N 1~1~~!>Nn +1'f n~ ~ ~ ~ ~1 fnrazarar o l.o ,,.a H~,o .,~.-,.1 .,F~l,o ,.1;...,,-.+ a va vvvvia ..a vvyvi>u L1>V VVll Ll Vl V1 W1V L.L„tll./11V LL11 L, JLL , -5- ,,.1 +l, .,t +l,o r „1? „~+l,o:r 4:,„1+ ~.l;.,o.,..o 7 r_,-.,,,~„,.. „4'~t,o r;,,,o o,~~o„~;,,., , „1.1 l.o „frnr.. *n *l,o !'!o„or.,l Dl.,,, r„ao ~'_,-.,,rte +;,,-.o ~A+e„~;.,., ....:Al.a l,e :..:,+r~r j, tl,n ^,..b.: ;1 Tl,o f.,,,o 4ov,ni., v, 40.1 „l,nll l.o f~: w ori~~ „v~i. ~unVV41 Alin rori 4z-n~arr~°ciiz.crrm~rr~i~c:circ t,.,...,...~ t,.•~..,.. er3~~rg~ttecl-€er-pe~fse-f~-o ~ „ „a;~;,,~ ~,o ,.a,.~ ..,,.,oa . ,:+1,;,, l,o a~+o~aoa ~ r ~1~no ~dAif;riznl ~ .,rt ~~~e-~~1}~~-ske~~e~re-~n-~ditie~al- e~t~enr.~~€e,-t~~ D1.,,,.,;,,,t 7l;ro,.?„r ~l,.,ii ~„1,,,,:+ *L,o ~ .,1;...,.,~~~ r o~? rl,e Dt~,,,,;,,~. If the applicant should require an additional extension of time, the applicant shall submit its request to the Planning Commission for appropriate action. [~]N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material 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. -6- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENGEa Ccmr~?: 218 fi -7- w • GG-y.5 CG-7.5 GG-7. M1.-20 C4-7.5 GG.7. cG-7.5 M -z R5-lo xs-la its-lo Rs-r -ro ~ - b ~ ML-20W ~ ~ _ k 5 - I O M - 10 I-ii JN L - - ~ Q It5•r0 Its-i0 ~ R5-IO RS-i0 UALANI ~ r"' R ~ R5-10 ~ ST E ~ ~ ass.o s a ~ - , m " HAIAi" L•1 ~ les-ro Rs-io ML-lo R5 - 10 GG-20 RS - 1 O Ins - I o - yo cu -so ~o ~s-Io Its to Iry to _ It - 10 ML - Z KEKUANAOA _ fU - - - gl LWE - STREET Its - 10 RS - I It5 - I O SINGLE FAMILY RESIDENTIAL (RS-10) TO NElGHpORH00i) COMMERCIAL (CN-20) Rs - to AREA: 67.500 SQ.FT. ~ ~ O ~ O J Z KS-f0 ~ Q K5-10' R5-10 J ttS-t0 ~ T ~ Q Y Ml. -2 Y [.EVAN l STREET AI~ENDNiENT TC~ THE BONING CODE AMENDING 5ECTi0N 25--8-33 (CITY OF HII.Q ZONE MAP) ARTICLE B, CHARTER 25 (ZONING CODE) OF THE HA4VAil COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAf?41LY RESIDENTfAL (RS-t0) TO NEIGHBORHOOD CO{tAMERCIAL (CN-2O) A? WAIAKEA, SOt1TH HILO, HAWAII, PREPARED BY PLANNING gEPARTMENT COUNTY OF HAWAII TM4t -2-34 85 Bc 93 JANU~4RY 13, 2000 ~XI-,IBIT "A" FOR REFERENCE QNLY «°°~9° K HoroJ ~I