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Home My WebLink AboutBIL 125 Draft 02 2006-2008 Mtv or h_ ~5,. COUNTY OF HAWAII STATE OF HAWAII ~n~p~~M~~ BILL NO. 125 ORDINANCE NO, (DRAFP 2 ) 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, HAWAI'1, 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 HAWAI`L• SECTION 1. Ordinance No. 93 101 is amended as follows: "SECTION 1. Section [~5-1~4~ 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. ~Tti• o a:....:,.. ,.i.....:F : ....~t:.;,..,oa . F,.i~,~ 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 may be adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanatine from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or 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. [f]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 °P ,.«a:~°~~°]this amendment. "fo assure adequate time for plan approval review and in accordance with Chapter 25-[244} 2-70 (Zoning Code), plans shall °~•"~~'r°a ° ~F~ a°• . r., rL.., ,l..r~, F,.« I.:,.l. ~I.,..., ,°1 ~....r ° .°a DI°~.. °l..,ll ..I..~I° i>~paets] identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Section 25- 5-117 (Landscaping of Yards in the CG District). Parking spaces for the proposed commercial building and related improvements shall meet the requirements of Section 25-4-51(a)(3), Hawaii County Code, (Required number of parking s aces ; C. [e]Construction of the 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. [r]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 [s]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 clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; L [ , ..cF i~]The applicant shall comply with all applicable County, State and Federal laws rules regulations and requirements; .I. To ensure that the Goals and Policies of the Housine Element of the General Plan are implemented if applicable the applicants shall comply with the requirements of Chapter I 1 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 for any new residential structures; K. 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, -3- L. If the applicants, successors, or assigns develop residential units on the subject propertv, the applicants shall make its fair share contribution to mitigate the potential regional impacts of the propertv with respect to parks and recreation, tire, 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 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 percenta >e~ge 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 pawprovisions set forth in this condition. The fair share contribution per multiple family residential unit (single 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. $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 unitl to the County to support solid waste facilities; and -4- 5. $2,806.46 per mulCiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements. In lieu of paving the fair share contribution, the applicants 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; ...I «..«r ..l,.,ll l.o ~..I..«:rro.l r.. rMo DID««:«.. P;«o..r..« tti-tttc~nir'r2F.fft1-~~-uuiL~~iS-9rvinunC~. Tl,e e«,..r L,..11 :«..I..lle l...r «,.r h,. 1:.«:ro.7 r« r1.....r..r......F rl,o .7,.. ,,,1,.«....,.«r ..«,7 l...r ,..,r,.«r rl.,, Fi' ,.r . «til II ..F rL.,. ,]'r' F .,l h., o bo l: e.l . rl...«,1 mzr-mixrr'fsrrvrm~coi~visimi"o-^or-^a.F~pr^v:a ~a.c o.... L, Dl..««:«.. Tl:«o..r,.« ..,.1.«,.., le.l..o.. rl..,r F.,.-rl, o« «o«...-rte o «..r .o «0.7~ [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 may be 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 are 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 granting 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 may be 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 [shall]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. INTRODUCED B COUNCIL MEM ER, COUNTY OF AWAIT Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: i2ehcRlc iCE: Comm. 508.2 -7- h Ra3.7s _ RS10 ~ ,y v R 10 W R fo OFFICE COMMERCIAL - - - - - - 20,000 SQUARE FEET (CO.20) TO GENERAL COMMERCIAL 20000 SQUARE FEET CG-20 F RS-f0 20,872 S4 FT. RS10 8 MOHOULI ST A RCX-f0 RS10 RD-3.75 CG10 ~ C 20 ~ 10 _ _ RS10 CG20 - CG20 _ _ R6375 ~ - ' L_- S _ - _ CGZS ~ RS10 ~ a~ - r CG20 S b f0 RS10 CG75 RS10 + H+; R6375 RD375 C6-LS s,.:z: LpNIHULI ST CG20 ~ .74 ML-20 ' CG20 6, 6.24 H I" C 0 CG20 RS10 CG20 0 - R 10 ML-20 Kp ~q'y4 Oq ST CG .5 RS10 _ 375 - C 20 RS10 CG20 RS10 C 20 CG20 CGZS KAIMNA ST C 2 CG20 CG20 RS 0 10 R6 .75 CG75 240 120 0 240 480 720 900 1209 Feet 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 IC 2-2-021:007 formal) 2-2-021007 &046 t7ate: May 16, 2007 EXHIBIT "A" (Brian & Ramona Sakamoto:t23i) Lr ~~'t