HomeMy WebLinkAboutORD 2005-140 2004-2006 ,~tY 0I Mu
-`y ••y~
COUNTY OF HAWAII STATE OF HAWAII
~'o'•M'i,
BILL NO. 139
Draft 3
ORDINANCE NO. V5 140
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
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 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 amended 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):
Beginning at the Southeast corner of this parcel of land, being also the Southwest
corner of Parcel 5, the 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
Anthony Markiewitch;
2. 180° 00' 100.00 feet along Lot 11-B, Grant 9427 to Marie
Martins;
3. 270° 00' 195.00 feet along Lot ] 0, Grant 8969 to Lizzie
K. Watson, to the northwest corner
of Parcel 5;
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 area
of 19,500 Square Feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44(a), Hawaii County Code, 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, 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, County Streets, 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
curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting with the approval of the Department of Public Works.
E. The applicant shall also install stt~eet lights and traffic controls as required by the
Traffic Division, Department of Public Works. The applicant shall be responsible
for the design, purchase, and 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
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
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 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 combined value of $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;
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 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.
H. 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 The applicant shall comply with all applicable County, State and federal laws,
rules, regulations and requirements.
,i. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date 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 the 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 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 its 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 the granting of the change of zone.
4. The time 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 may be extended for up to one additional year).
S. 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.
L. The following uses shall be prohibited:
1. Automobile service stations;
2. Community buildings;
3. Convenience stores;
4. Day care centers;
5. Farmers markets;
6, Mortuazies;
7. Restaurants;
8. Retail establishments;
9. Schools;
10. Theaters; and
11. Crematoriums.
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.
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.
5ECTlON 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
UNCI EMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date oflntroduction: September 21, 2005
Date of 1st Reading: September 21, 2005
Date of 2nd Reading: October 5 , 2005
Effective Date: October 11, 2005
l:" ~(:Cil~: Corm. 408.2
on~~c RS-fO- - 5-1(r- _ - --RS-fO _ -70-
RD- .75 ML-TO
I
._1--_ __-__r _
RD- .75 RD-7.75 RS 10 RS-10 RS-10 RS-10 S-i0
_ Leilani St
RS-iD RS-f0 RS-10 RS-10 RS-i - RS-10 I N -10
~ -_.__L- _
- W
_
G ~ S
rs - p _ -
0 _ N
R -10 ~ RS f0 RS-10
~ R -f0 p
- ~ ~ ~
~ p _ . ~ _
- - E r~
SINGL •FAM LY r~~~`..
RE ID 3,243.0 S - _ -
T NEIG BORH OD 9,088.0 E
CO MER IAL C ~~Hq~-q
19,500 SQ. FT
RS-10 RS-10 RS-f0 RS-f0 RS-10 RS-10 RS-f0 5-10
E Lanikaula St
RS-f0 RS-f0 RS-10 RS-10 RS-f0 RS-10 -10
OPEN RS-10
ML=20 ML-10 I
- ~ RS-10 -J ~J S-f0
- - - - - ML-10 ~
RS-10 R -f0 N
_ RS-f0
RS-f0 RS-10
ML-20 ML-f0 RS-f0 MCX-20
Nahele Wa
Rs-1D E Kawili St
OPEN RS ~-RS-f~-- -R3=18-
290 145 0 290 500 070 1160 14`~eei
AMENDMENT TO THE ZONING CODE
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 WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK: 2-2-027:042 Date May 23, 200
EXHIBIT "A" (r~momy DeLozier 1161>
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo, Hawaii
(Draft 3) - ~ ~
Introduced By: Stacey K. Higa ROLL CALL VOTE
Datelntroduced: September 21, 2005 AYES NOES ABS EX
First Reading: September 21, 2005 Arakaki X
Published: October 2, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
Second Reading: October 5, 2005
To Mayor: October 6, 2005 ROLL CALL VOTE
Returned: Oetob2r 12, 2005 AYES NOES ABS EX
Effective: October 11, 2005 Arakaki X
Published: October 18. 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
7 0 2 0
I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council ublished as
indicated above.
APPROVED AS TO
FORM AND ALIT
~ ~ ~ COUNCIL CHAIRMAN
D~ TY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date ~d ~ 5
139 (Draft 3)
Bill No.:
~ C-408.2/PC-33
pprove Disapproved this ~I day Reference: _
Ord No.: 05 140
, 20 OS
~~i
MA (R, COUN F`HAWA!`I