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Home My WebLink AboutBIL 332 Draft 01 2004-2006 .J,~tY Of M t7•'~~ ^ yp COUNTY OF HAWAII STATE OF HAWAII h•~.N'~ BILL NO. ssz ORDINANCE NO. AN ORDINANCE 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 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL - 20,000 SQUARE FEET (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-28:31. 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 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, Hawaii, shall be General Commercial - 20,000 square feet (CG-20): Beginning at the southeast corner of this parcel of land and on the northerly side of Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 3,444.03 feet South and 7,581.79 feet East, thence running by azimuths measured clockwise from true South: 1. 90° 00' 183.08 feet along Lanikaula Street; 2. Thence along the north corner of the intersection of Lanikaula Street and Kilauea Avenue on a curve to the right with a radius of 25.00 feet, the chord azimuth and distance being: 125° 03' 28.71 feet; 3. 160° 06' 100.87 feet along Kilauea Avenue; 4. 250° 45' 30" 169.75 feet along the remainder of Grant 4777 to T. Clive Davies; -1- 5. 254° 25' 76.92 feet along the remainder of Grant 4777 to T. Clive Davies; 6. 358° 00' 188.06 feet along the remainder of Grant 4777 to T. Clive Davies and 8243 to D. McHattie Forbes to the point of beginning and containing an area of 33,803 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe 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. The height limit of any structure on the project site shall be limited to 35 feet, as allowed in a RS-zoned district. C. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. D. Any new construction within the designated flood zone shall conform to Chapter 27, Flood Control, of the Hawaii County Code. No additional structure shall be -2- constructed in the "AE" zone or shaded Zone "X "Flood Zones. Such construction in the areas currently mapped in the "AE" or shaded "X" Flood Zones shall be allowed if the owner secures a letter of map revision. E. If the applicant, successors, or assigns develops 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 shaze 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 maybe 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 $6,653.40 per multiple family residential unit ($10,368.57 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 shall be allocated as follows: 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; -3- 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; and 5. $2,806.46 per multiple family residential unit ($4,442.50 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. F. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. G. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCE COUNCIL ME ER, COUNTY OF AI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 1045 -5- R5-f0 CG-7.5 N I~. RS-00 ~ Npst W E ~-O /i i CG7.5 t ~ / ~ ~G ,~RS- 0 z ~0 y>m CG-f0 - o_ ~RS~o c -1o I CG-20 ~ ~ I CG-f0 ~ ,qN' R -f0 ar, I ~ ~ RS-10 RS 10 E LANINAULA ST RS-10 CG-10 3,444.03 S 7,581.79E PEN OPEN \ Est "HALAI';~ - R5- 0 ~~CISV RS-10 ~ SINGLE-FAMILY RESIDENTIAL•70,000 SO. FT. (RS-10) TO GENERAL COMMERCIAL-20,000 SQ. FT. CG-20 33,803 S0. FT. RS-f0 i RM-4 R 10 OPEN RS-10 AHELE WAY RS-f R 0 230 115 0 230 460 690 920 11'~eet 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL-10,000 SQ. FT. (RS-10) TO GENERAL COMMERCIAL-20,000 SQ. FT. (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-028:031 Date: June 6, 200 EXF"IIBIT "A" (Association of Apartment Owners of Lanikaula Professional Center:1201)