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Home My WebLink AboutBIL 203 Draft 01 2006-2008 r or y~_ :-l ' COUNTY OF HAWAII STATE OF HAWAII "pi•N'~ BILL NO. zo3 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 NEIGHBORHOOD COMMERCIAL 20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:084. 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 20,000 square feet (CN-20): Beginning at a galvanized iron spike and ahu at the southwest corner of this lot and the northwest corner of Lot 11, on the east side of Manono Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 1463.00 feet south and 9141.00 feet east as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 180° 00' 100.00 feet along the east side of Manono Avenue to a galvanized iron spike and ahu; 2. 270° 00' 225.00 feet along Lot 7 to a galvanized iron spike and ahu; 3. 360° 00' 100.00 feet along Lot 10 to a galvanized iron spike and ahu; -1- 4. 90° 00' 225.00 feet along Lot 11 to the point of beginning, and containing an area of 22,500 square feet, more or less. 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 applicant shall either consolidate TMKs: 2-2-34: 84, 85 & 93, or if the properties are not consolidated, the applicant shall establish cross-easements to permit a traffic circulation between TMKs: 2-2-34: 84, 85 & 93 prior to receipt of final plan approval for any development on the property, so that there is a single access point from Manono Street for TMKs: 2-2-34: 84 and 85. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with the "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. The applicant shall install a fire hydrant fronting the subject property. -2- D. Construction of the proposed improvements shall be completed within five (5) yeazs 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 Depaztment's Rule No. 17 (Landscaping Requirements) standazds for CN zones adjoining a RS zone. E. Access to Manono Street shall be limited to a single location. All driveway connections to Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. A 5-foot wide future road-widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. The 5-foot future road widening section and roadway improvements along Manono Street shall be subdivided and dedicated to the County of Hawaii within five (5) years from the effective date of this ordinance. G. The applicant shall provide full improvements to the entire frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works. Improvements shall be located within the future road-widening setback as established by the Planning Department and be completed within five (5) yeazs from the effective date of this ordinance. -3- H. The applicant shall also install street lights and traffic controls as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. All of the roadway improvements to Manono Street shall be completed prior to a Certificate of Occupancy. I. All pazking shall be on-site. J. The height limit shall be 35 feet as allowed in the Single-Family Residential (RS) district. K. 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 by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. L. 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. M. If the applicant, successors, or assigns develop 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 share 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 -4- any combination thereof shall be determined by the County Council. The fair shaze contribution maybe adjusted annually beginning three yeazs 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 $7,043.62 per multiple family residential unit ($10,976.69 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. $3,474.42 per multiple family residential unit ($5,293.15 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $109.81 per multiple family residential unit ($255.34 per single family residential unit) to the County to support police facilities; 3. $337.78 per multiple family residential unit ($504.33 per single family residential unit) to the County to support fire facilities; 4. $150.55 per multiple family residential unit ($220.80 per single family residential unit) to the County to support solid waste facilities; and 5. $2,971.05 per multiple family residential unit ($4,703.06 per single family residential unit) to the County to support road and traffic improvements. -5- 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. N. 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, 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. P. An Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. 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 to what extent the conditions of approval are being complied with. This condition shall remain in effect until all -6- of the conditions of approval have been complied with and the Planning Director acknowledges that further reports aze not required. S. 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 aze 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 year maybe 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 Planning Commission and County Council for appropriate action. T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -7- 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. TRODUCED COUNCIL ME B , CO Y HA AI`I ,Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. -8- RS•7. RS-75 RS-f0 V-.75 RS-IO RS-f0 RS-f0 RS-f0 HUALANI ST RS- 0 R -f0 SINGLE FAMIL RESIDENTIAL 10,000-SQUA E FEET (RS-10) TO NEIGHBORH OD COMMERCIAL 22,500 SO. FT. R -fo RS- 0 CN-10 CN-10 RS-f0 CG-10 V-.75 a CG-20 N RS- 0 o CN-10 1 1463.00 S w e 9141.00E R fo "HALAI R 40 CN40 S CG 10 RS f0 RS-f0 RSdO CN-7.5 RS 0 CG-10 KEKUANAOA ST RD-3.75 R f0 s ~ ML-20 z RS 10 RS-f0 N ti H RD 75 RS-f0 240 120 0 240 480 720 960 1 200 Feet 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-SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL 20,000-SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO ,HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-034:084 Date: Se tember 12, 2007 EXHIBIT "A" (DMS Investments, LLLP:1236)