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Home My WebLink AboutORD 2006-124 2004-2006 _ o. • i. COUNTY OF HAWAII STATE OF HAWAII ~.T.~r ~o.~~ BILL NO. 304 ORDINANCE NO. ®6 124 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 NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-34:13. 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 azea situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-20): Beginning at the Southeasterly corner of this parcel of land, being the Northeasterly corner of Lot 12 along the Westerly side of Manono Avenue. The coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai"being 1,463.00 feet South and 9,091.00 feet East, thence running by azimuths measured clockwise from True South: 1. 90° 00' 00" 200.00 feet along the Northerly side of Lot 12; 2. 180° 00' 00" 100.00 feet along the Easterly side of Lot 9; 3. 270° 00' 00" 200.00 feet along the Southerly side of Lot 8; 4. 0° 00' 00" 100.00 feet along the Westerly side of Manono Avenue to the point of beginning and containing an area of 20,000 squaze 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, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions aze: (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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" within 90 days from the effective date ofthis ordinance. C. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The height limit shall be 35 feet as allowed in the Single-Family Residential (RS) district. E. The applicant shall provide full improvements to the project's frontage along Manono Street consisting of, but not limited to, pavement widening with concrete 2 curb, gutter and sidewalk and any required utility relocation, meeting with the approval of the Department of Public Works. F. A five-foot future road widening strip along the Manono Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. G. Access to the property shall be limited to a single location along Manono Street. The access connection to Manono Street shall conform to Chapter 22 (Streets) of the Hawaii County Code. H. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. I. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed, meeting the approval of the Department of Public Works. J. 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. K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. 3 Subsequent work shall proceed upon an archaeological clearance from the DLNR- SHPD when it finds that sufficient mitigation measures have been taken. M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, 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 or final subdivision approval, whichever is applicable. N. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall make its fair shaze 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 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 beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair shaze contribution shall have a maximum combined value of $6,411.25 per multiple family residential unit ($9,991.20 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 units) shall be allocated as follows: 1. $3,162.49 per multiple family residential unit ($4,817.93 per single family residential unit) to the County to support park and recreational improvements and facilities; 4 2. $99.95 per multiple family residential unit ($232.42 per single family residential unit) to the County to support police facilities; 3. $307.46 per multiple family residential unit ($459.06 per single fazni]y residential unit) to the County to support fire facilities; 4. $137.04 per multiple family residential unit ($200.98 per single family residential unit) to the County to support solid waste facilities; and 5. $2,704.31 per multiple family residential unit ($4,280.82 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair shaze contribution, the applicant may contribute land and/or construct improvements/facilities related to pazks 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. O. Should the Council adopt an 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. P. The applicant shall comply with al] applicable County, State and Federal laws, rules, regulations and requirements. Q. An annual progress report shall be submitted to the Plazming 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 the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of 5 the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. R. 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-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 aze not the result of their 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 yeaz may be extended for up to one additional year). 5. 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. 6 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUC/ED,~B'Y: { c~G COUNCIL ME R, COUNTY OF AWAI`I Hilo ,Hawai`i Date of Introduction: August 23, 2006 Date oflstReading: August 23, 2006 Date of 2nd Reading: September 7, 2006 Effective Date: September 19, 2006 REFERENCE: Comm. 95_? 7 / CG 7.5 CG 7.5 CG 7.5 rc C -Z5 CG-7.5 C -7.5 OPEN a N - R 10 x RS 10 RS f0 z z W 6 CN-T.5 y ~T II ~ . ~ - Zi _ I - S V-.75 UA NI ST RS 10 R f0 RS 10 V-.75 - ~ V-.75 RS~10 R 40 R -10 V-.I5 ~ _ SINGL&FAMILY RESIDENTIA (RS•101 TO ~ NEIGHBORHOOD COMMER IAL CN•201 _ ~ R to 20,000 SQ. FT. R -to CG-7.5 f RS40 - - CN-20 CG-10 \ CG7~ RS-10 s RS-10 CN-20 / o /i// 9,463.p0 S o RS-f0 CG-20 V-.75 S "NALA CN-10 RS-10 CG~ZS CN-7. S-f0 KEKU NAOA T R -10 D-3.75 RG-3.75 R -10 RS f0 RS 10 x ML-20 ML-20 j m ` ~ M_ ~ it - ~ ,1 S s _ 5 r z RDi 3.75 R f0 _ R 3. 5 ~ - - R19~3.T6 ~ ~ ML-20 i~ _ r ~ T I N ~ ~ 03.7b - ' j~ I I ~ RD-3.75 RS-10 R5 f0 R -10 380 190 0 380 760 1140 1520 19Feet 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 (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-034:013 Date: Februa 9, 200 EXHIBIT "A" (Hirayama Brothers Electric, Inc.:n95) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii ~ - - Introduced By: K. Angel Pilago vL A~VOTE Datelntroduced: August 23, 2006 AYES NOES ABS EX First Reading: August 23, 2006 Arakakr~ ~ ~ X Published: September 1, 2006 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 Second Reading: September 7, 2006 To Mayor: September 11, 2006 ROLL CALL VOTE Returned: September 19, 2006 AYES NOES ABS EX Effective: September 19, 2006 Arakaki X Published: September 25. 2006 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY• COUNC/L CH MAN ..J DEPU Y CORPORATIO COUNSEL ~ ~ ' ~ COUN OF HAWAII COUNTY CLERK Date G ~ l~ 309 Bill No.: Reference: C-952/PC-103 Approve Disapproved this ~ ~ day of Sv~,.l(,tM1,hc,? 2~ OV OrdNo.: ~6 124 MAYOR, COUNTY OF HAWA17