HomeMy WebLinkAboutCOM 0408.002 2004-2006 ~,tY Di
S7ACY K RIGA A:'•,,,y'' Phone No.: (808) 961-8396
Chairperson & Presiding Officer ~a,~ Fax No.: (808) 961-8912
Disn-ici d E-mail: shiga@co.hawaii.hi.us
i'•,
Sri oF.w~+
y.,
HAWAII COUNTY COUNCIL
County of Hawaii '
Huwnii County Building
25 Aupuni Street
Hilo. Hawaii 9672(/
September 8, 2005
Council Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: An Ordinance Amending Section 25-8-33 (City Of Hilo Zone Map), Article 8,
Chapter 25 (7.,oning Code) Of The Hawaii County Code, By Changing The District
Classification From Single Family Residential (RS-10) To Neighborhood Commercial
(CN-]0) At Waiakea, South Hilo, Hawaii, Covered By Tax Map Key 2-2-027:042.
Enclosed for your consideration is an amendment to Bill 139. Draft 2. Arithmetic and
grammatical corrections were made, and an additional condition was added, prohibiting certain
uses on the subject property.
The following corrections/amendments were made:
1) Correcting spelling to reflect correct Hawaiian language usage:
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT
~W~4KF1A] WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-
027:042.
2) Correcting spelling to reflect correct Hawaiian language usage:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
Comm. No.
Ref. To:
Ref, L'ote
Hawui'i County Is An Equal Opportunity Provider And Employer
September 9, 2005
Page 2
The district classification of the following area situated at [~iakea] Waiakea,
South Hilo, Hawaii, shall be Neighborhood Commercial (CN-10):
3) Correcting citation to Hawaii County Code:
SECTION 2. In accordance with Section 25-2-44~, Hawai`i County Code, the County
Council finds the following conditions are:
4) Correcting citation to Hawaii County Code:
C. Access to Manono Street shall be limited to a single location. All driveway
connections to Manono Street shall conform to Chapter 22, [~reetsaxcl
~ewalles;]County Streets, of the Hawaii County Code.
5) Correcting math and grammar:
G. if the applicant, successors, or assigns develops residential units on the subject
property in excess of the one (1) unit allowed by the current RS-10 zoning, the
applicant[s] 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 shaze 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 combined value of [56;41-1:35]$6,410.55 per multiple 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 shall be allocated as
follows:
1. $3,162.49 per multiple family residential unit to the County to support park
and recreational improvements and facilities;
2. $99.25 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;
September 9, 2005
Page 3
4. $137.04 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 improvements.
In lieu of paying the fair share contribution, the applicant[s] 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.
6) Correcting grammar:
I. The applicant shall comply with all applicable County, State and []federal laws,
rules, regulations and requirements.
7) Correcting grammar:
K. An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances:
1. The non-performance 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] its fault or negligence.
8) Inserting new condition which prohibits certain uses on subject property:
L. The following uses shall be nrohibited:
1. Automobile service stations;
2. Community buildings;
3. Convenience stores•
4. Day care centers;
5. Farmers markets;
6. Mortuaries;
7. Restaurants;
8. Retail establishments;
September 9, 2005
Page 4
9. Schools;
10. Theaters; and
11. Crematoriums.
9) Re-lettering conditions to accommodate new condition:
M. 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.
If you have any questions, please do not hesitate to call.
Sincerely,
Stacy K. Higa, Chair
Hawaii County Council
Encl.
SKH/awm