HomeMy WebLinkAboutCOM 0255.005 2006-2008 ~v,w
Brenda J. Ford , Phone No.: (808) 3265684
Council Member ' . Fax No.: (808) 329-4786
District 7-Central Kona E-Mail: bford@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
,
75-5706 Hanama Place, Suite !09 '
Kailua-Kona, Hawaii 96740 -
DATE: June 18, 2007 - -
T0: Pete Hoffmann, Council Chair _
and Members of the Hawaii County Council
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FROM: ~ Brenda Ford, Council Member
RE: Proposed Amendment to Bi1174, Draft 2 (Section 2).
Attached is a proposed amendment to Bi1174, Dra$ 2, which is entitled:
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 - 40,000 SQUARE FEET (CN-40) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-39:31, 57,
68 AND 69.
The proposed amendment adds a new condition "H" under SECTION 2, which sets forth a
required minimum number ofoff-street parking spaces. The new condition "H" would read as
follows:
"H. Notwithstanding Section 25-4-51(a)(3), the project shall provide a minimum
of one parking space for each 100 square feet of Bross floor area for
commercial uses, or the requirements of Section 25-4-51, whichever is
greater. The minimum off-street parking spaces for this project shall initially
be 197 spaces:'
All subsequent conditions are re-lettered to indicate the proposed addition of this new condition
"H". Proposed condition "H" is bolded for illustrative purposes only.
I respectfully request that you place this matter on the agenda for the County Council meeting on
June 20, 2007.
Comm. No. 255. 5
Ref. To: pjeudN_ 1
Ref. Date JUN 20 2007
Hawaii County /s An Equa[ Opportunity Provider And Employer
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 - 40,000 SQUARE FEET (CN-40) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-2-39:31, 57, 68 AND 69.
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 Neighborhood Commercial - 40,000 square feet (CN-40):
Beginning at the southeast corner of this pazcel of land, also being the southwest
corner of Kekela Street on the northerly side of Puainako Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAI" being
7,790.70 feet south and 10,213.71 feet east and running by azimuths measured clockwise
from true south:
Following along Puainako Street on a curve to the right with a radius of 1,223.74 feet, the
chord azimuth and distance being:
1. 80° 16' 24" 230.05 feet;
2. 85° 40' 146.95 feet along Puainako Street;
Thence along Puainako Street on a curve to the right with a radius of 80.00 feet, the chord
azimuth and distance being:
3. 130° 40' 113.14 feet;
4. 175° 40' 57.50 feet along Kilauea Avenue;
5. 265° 40' 242.00 feet along Lot 2 of Waiakea Homestead
House Lots, Block 401 and the remainder of
Grant 9507 to Joaquin Zacheus Jeremiah;
6. 171° OS' 131.06 feet along the remainder of Grant 9507 to
Joaquin Zacheus Jeremiah;
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7. 265° 40' 224.45 feet along Lot 5-B and 5-A;
8. 355° 40' 246.52 feet along Kekela Street to the point of
beginning and containing an area of 88,317
Sq. Ft.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made pazt 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) Necessazy to prevent circumstances which maybe adverse to the public
health, safety and welfaze; 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 Depaztment of
Water Supply in accordance with the "Water Commitment Guidelines Policy"
within 180 days from the effective date of this 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
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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), Chapter 25 (Zoning Code), Hawaii County Code. Landscaping
shall include rock walls or fences on the northern boundaries, as agreed upon
between the applicant and owners of lands adjacent to such northern boundaries,
as maybe evidenced by any written agreements in existence as of the effective
date of this rezoning.
D. The applicant shall secure Final Consolidation Approval of parcels 31, 57, 68 and
69 within one year from the effective date of this ordinance.
E. A Traffic Impact Analysis Report (TIAR) shall be submitted to the Department of
Transportation Highways Division, through the Hawaii District Office for review
and shall be approved prior to the issuance of Final Plan Approval. A copy of the
TIAR shall also be submitted to the Planning Director.
F. No project access from Kekela Street shall be allowed except for delivery
vehicles. Access for delivery vehicles may be allowed by the planning director, in
consultation with the director of public works, only if the use can be limited to
delivery vehicles, excluding the general public. Access to the project site, if any,
from Kekela Street shall conform to Chapter 22 (County Streets) of the Hawaii
County Code.
G. Access to the project site from Puainako Street shall be limited to right-in, right-
out movements only, and shall meet with the approval of the Department of
Transportation. The applicant shall construct any improvements on Puainako
Street as required by the Department of Transportation. These improvements
shall include extending the existing paved and striped pedestrian walkway from
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Kekela St. to Kilauea Ave.
H. Notwithstandins Section 25-4-51(a)(3), the proiect shall provide a minimum
of one parkins space for each 100 square feet of cross floor area for
commercial uses, or the requirements of Section 25-4-51, whichever is
sreater. The minimum off-street narkius spaces for this proiect shall initially
be 197 spaces.
I. All development-generated runoff shall be disposed of on-site and shall not be
directed towazd any adjacent properties. A drainage study shall be prepazed and
the recommended drainage system shall be constructed, meeting the approval of
the Department of Public Works, prior to the issuance of a Certificate of
Occupancy.
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 eazthwork 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,
mazine shell concentrations or human burials be encountered, work in the
immediate azea shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an azchaeological clearance from the
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
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M. To ensure that the Goals and Policies of the Housing Element of the General Plan
aze 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 shaze 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 $6,653.40 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 shaze contribution per multiple family residential
unit (single family residential units) 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 pazk and recreational
improvements and facilities;
2. $103.73 per multiple family residential unit ($241.20 per single family
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residential unit) to the County to support police facilities;
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 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 towazds the requirements of the Unified Impact Fees
Ordinance.
P. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
Q. 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 the extent to which the conditions
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of approval have been satisfied. This condition shall remain in effect until all of
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 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 aze 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 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 yeaz).
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
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fashion, the Planning Director may initiate rezoning of the subject azea 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.
SECTION 4. This ordinance shall take effect upon its approval.
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