The URL can be used to link to this page

Home My WebLink AboutBIL 125 Draft 01 2006-2008 ~traw~ COUNTY OF HAWAII : ` STATE OF HAWAII •••rl~Of ~NiS, BILL NO. 1z5 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.93 101, WHICH RECLASSIFIED LANDS FROM OFFICE COMMERCIAL - 20,000 SQUARE FEET (CO-20) TO GENERAL COMMERCIAL - 20,000 SQUARE FEET (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-021:007 (FORMERLY 2-2-021:007 AND 046). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Ordinance No. 93 101 is amended as follows: "SECTION 1. Section [~5-I-14] 25-8-33, Article [3] 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): SECTION 2. [T ,.,,.,,~r ....~tt;,,.,e,, . .,,e r b In accordance with Section 25-2-44 Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which maV be adverse to the public health safet~and welfare; or Reasonablyconceived to fulfill needs directly emanatine from the land use proposed with resyect to: Protection of the public from the potentially deleterious effects of the proposed use, or B~ 1 Fulfillment of the need for public service demands created by the proposed use. A. [t]The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; B. [€]Final Plan Approval for the proposed commercial building and related improvements shall be secured from the Planning Director within one year from the effective date of °]this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-[2.44} 2=70 (Zoning Code), plans shall a F.•° inc~ ,a irnpaets] identify all existing and/o~roposed structures paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the pumose of mitigating any adverse noise or visual impacts to adiacent properties in accordance with the requirements of Planning Department's Rule No 17 (Landscaping Requirements) and Section 25- 5-117 (Landsc~mg of Yards in the CG District); C. [eJConstruction ofthe proposed commercial development shall be completed within three (3) years from the date of issuance of Final Plan Approval; D. [a]Access to the subject property from Lanihuli Street shall meet with the approval of the Department of Public Works; E. []Roadway improvements to Lanihuli Street, to include curb, gutter and sidewalk improvements and required pavement transition areas, shall be constructed along the project site's entire Lanihuli Street frontage in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a [e]Certificate of [e]Occupancy for any portion of the proposed development; -2- F. [d]Drainage improvements, if required, shall be installed in a manner meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy for any portion of the proposed development; G. [iv]Wastewater generated by the proposed development shall be disposed of in a manner meeting with the approval of the Department of Health; H. [s]Should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work within the affected area shall cease and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological cleazance from the Planning Director when it finds that sufficient mitigative measures have been taken; I. [ , °FF~d-~~?....]The applicant shall comely with all ayplicable County, State and Federal laws rules regulations and requirements; J. To ensure that the Goals and Policies of the Housine Element of the General Plan aze implemented if applicable the applicants shall comply with the requirements of Chanter 11 Article 1 Hawaii Countv 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 for any new residential structures; K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and~proval prior to the issuance of a Certificate of Occupancy. -3- L. If the applicants successors or assigns develop residential units on the subiect property the applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation fire nolice, 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 shall be based on the actual number of residential units developed. The fair share contribution in a form of cash land facilities or ankcombination thereof shall be determined by the County Council The fair shaze contribution maybe adjusted annually beginning three veazs 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 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 share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. ea X81 93 per multiple family residential unit ($4 999.91 per single family residential unit) to the Count~to support park and recreational improvements and facilities; 2. $103 73 per multiple family residential unit ($241.20 per single family residential unitl to the Count~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 -4- 5. c~ Q06 46 per multiple family residential unit ($4 442.50 per single family residential unit) to the Countyto support road and traffic improvements. In lieu of paying the fair share contribution the applicants may contribute land and/or construct improvements/facilities related to narks and recreation fire police solid waste disposal facilities and roads within the region impacted by the proposed development subiect to the review and recommendation of the Planning Director upon consultation with the appropriate agencies and approval of the County Council; 1" .J t- CtA .7 1 ..t ..«.7 ...l...t e..fo.:f lhn rr FF t '1 11 Ftl. .7' F,. .,.11,....e l.oo.. ise.i ...:ti. .....7 r A Dl - - - Tl' f 1 ..1 A Ll...t A.«tl.o a o.kn ~ vA~] o y [IB]M. [s]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 may shall be credited towards the requirements of the Unified Impact Fees Ordinance; [IT]N. [a]An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1) [t]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 or their fault or negligence; -5- 2) [g]Granting of the time extension would not be contrary to the general plan or zoning code; 3) [g]Granting of the time extension would not be contrary to the original reasons for ganting of the change of zone; and, 4) [t]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 maybe extended for up to one additional year); and, 5) [I]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 Director [slrall]may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. 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. -6- SECTION 4. This ordinance shall take effect upon its approval. TRODUCED BY: COUNCIL M ER, CO di O HA AI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: F~L'.i ERt"dri<: 4CNnG1; S()8 Raa.7s ~ .V v R f0 R f0 OFFICE COMMERCIAL 20,000 SQUARE FEET (CO.20) 70 GENERAL COMMERCIAL 20000 SQUARE FEET CG-20 F RS10 20,812 SQ. FT. RS10 s MDHOULI ST N RCX-10 ~ RS10 862.75 CG10 C ~ f0 RS10 CG20 867.75 CG20 Q g CG75 RS10 ~ CG20 RS10 CG7.5 f0 C 20 RS10 863.75 Rp-3.75 CG7.3 UINHULI ST 2, .74 ML-20 CG20 CG20 6 0.24 if C o CG20 RS10 CG20 0 R 10 ML-20 ~~st RS10 3.75 CG .5 20 RS10 CG20 RS10 C 20 CG20 CG75 HAlUWAST C 2 CGZO RS 0 f0 R6 .75 CG20 CG75 ~p 240 120 0 240 ~ ~ ~ t Fcet AMENDMENT TO THE ZONING CODE AN ORDINANCE AMENDING ORDINANCE 93-101 AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION FROM OFFICE COMMERCIAL 20,000 SQUARE FEET (CO-20) TO GENERAL COMMERCIAL 20,000 SQUARE FEET (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII COVERED BY TAX MAP KEY 2-2-021:007 (FORMALLY 2-2-021:0074 AND 046) PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-2-021:007 fonnall 2-2-027007 & 046 Date: May 76, 2007 EXHIBIT "A" (Brian a Ramona Sakamoto:t23t)