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HomeMy WebLinkAboutBIL 139 Draft 01 2004-2006 FILL NO. 139 OIZDIN~.NCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CIIAP`TE.R 25 (ZON-ING CODE) OF THE HAWAII COUNTY CODE, BY CHANGII`>G THE I~ISTRICI` CLASSIFICATION FROM SINGLE FAMILY RESH~ENTIAL (RS-10) TO NEIGI~II30P.IJCOD COMll~iERCIAL (CN-10) AT WAiAKEA, SOUTH IIILO, HAWAII, COVERIr.D BY TAX ~;~AP BEY 2-2-027:042. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is am~cnded to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-10): Begin~~ing at the Southeast corner of this parcel of land, being also the Southwest comer of Parcel 5, thy; coordinates of which referred to Government Survey Triangulation Station "HALM" being 3,243.00 feet South and 9,086.00 feet East and running by azimuths measured clockwise from True South: 1. 90° 00' 195.00 feet along Lot 16-B, Grant 8718 to Duke G. Jardine and Lot 15, Grant 8754 to Anthon~r Markiewitch; 2. 180° 00' 100.00 feet al®ng Lot 11-B, Grant 9427 to Marie Martins; 3. 270° 00' 195.00 feet along Lot 10, Grant 8969 to Lizzie K. Watson, to the northwest comer of Parcel 5; -1- 4. 0° 00' 100.00 feet along the remainder of Lot 12, Grant 8751 to Annie K. Heen to the point of beginning and containing an N rea of 19,00 Square Feet. All ~ shown on the map attached hereto, marked Fxhibit "A" and by reference made a parr hereof. SluC T I©N 2. In accordance with Section 25-2-44, Hawaii County Code, the County Ceurcil f nds the following conditions :ire: (1) Nec°ssary to prevent circumstances which maybe adverse to the public heal_ tl~, safety and welfare; or (2) Reasonably conceived to fulf 11 needs directly emanating from the land use proposed with respect to: (A) Protection. of the public fronra the potentially deleterious effects of the proposed use, or (B} Ful ~llment 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. Plans for conversion of the building shall be submitted for Plan Approval within one (1) year ;from the effective date of this ordinance. C. Access to Manono Street shall be limited to a single location. All driveway connections to Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. D. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete -2- curb, gutter :nd sidewalk, drainage improvements, and any required utility relocation, ~-~eeting with the approval of the Department of Public Works. E. The applicant shall also install street lights and traffic controls as required by the Traffzc Division, Department of Public Works. The applicant shall be responsible. for t'~e design, purchase, anal installation of such devices. All of the roadway improvements to Manono Street shall be completed prior to a Certificate of Occupancy. F. A Solid Waste Management Plan shall be submitted to the Department of Environmea~tal Management for review and: approval prior to the issuance of a Certilcatc cif Occupancy. G. If the. applicant, successors, or assigns develop residential units on the subject property in excess of the one (1) unit allowed. by the current RS-1G zoning, the applicants shall make its fair share contribution to mitigate the potential regional imp~:cts of tl3e property witl°~ respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shad become due and psyablc 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 shar~~ contribution in a form of cash, land, facilities or any combination thereof shall be deteranined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the I-Ionolulu Consumer Price Index (HOPI). The fair share contribution shall have a combined value of $6,411.25 per multiple fazx~ily residential unit. The total amount shall be determined with tr~c actual number of units according to the calculation and payment provisions set forth in this Condition. -3- The fair share contribution per multiple family residential unit shall be allocated as follows: 1. $3,12.49 per multiple family residential unit to the County to support park and recreational improvements- and facilities; 2. per multiple family residential unit to the County to support police facilities; 3. $307.46 per multiple family residential unit to the County to support fire facilities; 4. $137,1D4 per multiple family residential unit to the County to support solid waste. facilities; and 5. $2,704.31 per multiple family residential unit to the County to support road and traffic iii~~iiprovements. In lieu of paring the fair share contribution,. the applicants may contribute, land and/or const~ act 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 L)irector, upon consultation. with the appropriate agencies and approval of the County Council. H. Should the Council adopt a Unified Irripact Fees Ordinance setting forth criteria for ii~iposition of exactions or the assessment of impact fees, conditions included -4- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. I. The applic~rt shall comply with all applicable County, State and Federal laws, rules, regulations and requirements J. An annual progress report shall be submitted to the Planning Director prior to the annivLrsaiy u'ate of enactment of the ordinance. The report shall include, but not be 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 thy; conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. K. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performwnce is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or ~gning Code. 3. Grar¢ing of the time extension would not be contrary to the original reasans for the granting of the change of zone. -5- 4. The tune extension granted shall be for a period not to exceed the period originally granted for performance (i:e., a condition to be performed within one year maybe extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shal3 submit the applicant's request to the County Council for appropriate action. L. 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 ~1. This ordinance shall take effect upon its approval. INTRODUC~ BY: COT,.7NCI 1vI~MBER, C TY Off' AWAI`I INTRODUCED BY: COUNCIL NIE R, COUNTY Off' fI 'AI`I I-Iawai `i Date of Introduction: Date of 1st Reading: Daty of 2nd Reading: Effective Date: - 408 ~.,Nr...,~~ -6- R~' .R;Q-3.7a- _ - _f',-5-10- ---R~1g- _ s~.S'40.i S-1€Y .7s ~aF.-~Q I RD- .73 RD-3.75 RS 10 RS-10 RS-10 RS-10 ' 5-10 Leilani Et p RS-10 Rs-1o _10 ~S-1" _ _ ~ _ Rs-1o Rs-1. Rs-ao N i I _ ; - f( _ l w - _ _ I I~ ~ _ I . _ _ e a RS 10 RS-iC r~ -10 R~-10 0 L _ ~ - o _ .T • acs ,r 1~ ff l ~ _I ><><? 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