HomeMy WebLinkAboutBIL 056 Draft 01 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 55
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 00-31 WHICH RECLASSIFIED LANDS
FROM SINGLE FAMLLY RESIDENTIAL-10,000 SQUARE FEET (RS-10) TO
NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT WAIAKEA,
SOUTH HILO, HAWAI`1, COVERED BY TAX MAP KEY 2-2-034:084 (FORMERLY TAX
MAP KEY: 2-2-034:085 AND 093).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 00 31 is amended as follows:
"SECTION l . 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 [`x Waiakea, South
Hilo, Hawai"i, shall be Neighborhood Commercial -20,000 square feet (CN-20):
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hi 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 emanating 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 b,} the
proposed use.
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Construction of the proposed improvements and related improvements shall be
completed within five (5) years from the effective date of this
[erdnzlnee]amendment. This time period shall include securing Final
Consolidation Approval and Final Plan Approval from the Planning Director for
the commercial development. Plans shall identify structures, fire protection
measures, landscaping and maintenance plan, paved and striped parking stalls and
driveway and other improvements associated with the proposed uses. Plans shall
include landscaping along property boundaries for the purpose of mitigating any
potential adverse noise or visual impacts to surrounding properties. Landscaping
shall be provided in accordance with the requirements of Planning Department's
Rule No. 17 (Landscaping Renuirements) standards for CN zones adjoining, aRS
zone. Plans shall also indicate a 5-foot future road widening setback along the
properties' Manono Street frontage.
C. Driveway accesses from Manono Street and [F~ixaxe] Hlnano Street shall meet
with the approval of the Department of Public Works.
D. The applicants shall construct the following roadway improvements along the
subject property's Manono Street frontage, meeting with the approval of the
Department of Public Works:
A half=section of roadway improvements on the east side of Manono Street
consisting of a 21-foot wide A.C. pavement with concrete curb, gutter, and
sidewalk and drainage improvements within the future road widening
setback area established as one-half the distance between the existing
right-of--way and 60 feet.
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A half-section of roadway improvements on the west side of [Ffinane]
Hinano Street consisting of a 16-foot wide A.C. pavement with concrete
curb, gutter, and sidewalk and drainage improvements in the area
established as one-half the distance between the~existing right-of--way and
50[-]feet.
3. if required, installation of street lights, signs, and traffic markings meeting
with the approval of the Department of Public Works, Traffic Division.
All roadway improvements to Manono Street and [~trane] Hinano Street
shall be completed within five (5) years from the effective date of [the
s'°° ,g° °F'°~° °..,1:,,nr°°]this amendment or in conjunction with the
County's road widening improvements, which ever occurs first.
E. The 5-foot wide future road widening section fronting the subject property along
Manono Street and roadway improvements on [l~inane] Hinano Street shall be
subdivided and dedicatedto the County of Hawaii.
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F. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
G. Sewer line connections shall meet with the regrurements of the Department of
[~ ~'ms]Enviironmental Management.
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H. If the apnlicant, successors. or assigns develou 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
any combination thereof shall be determined by the County Council. The fair
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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 (HOPI). The fair share contribution shall have a combined
value of $7,383.36 per multiple family residential unit ($11,506.13) 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:
] . $3,642.00 per multiple family residential unit ($5,548.46 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $115.11 per multiple family residential unit ($267.66 per single Family
residential unit) to the County to support police facilities;
3. $354.08 per multiple family residential unit ($528.66 per single family
residential unitl to the County to support fire facilities;
4. $157.81 per multiple family residential unit ($231.45 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,ll4.36 per multiple family residential unit ($4,929.90 per single family
residential unit) to the Count t~pport road and traffic improvements.
hl lieu of pang the fair share contribution, the applicant may contribute
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land and/or construct improvements/facilities related to parks and
recreation, fu'e, police, solid waste disposal facilities and roads within the
re>;iou impacted by the proposed development, subject to the review and
recommendation of the Plamiine Director, upon consultation with the
aupropriate agencies and approval of the County Council.
To ensure that the Goals and Policies of the Housine Element of the General Plan
are implemented, if applicable, the applicant shall comply with the requirements
of Chapter 11, Article 1, Hawaii County Code relatine to Affordable Housing
Policy. This requirement shall be approved by the Administrator of the Office of
Housing and Community Developmentprior to Final Plan Approval.
[i~]J. Upon compliance with applicable conditions of approval, prior to the
establishment of any new use or the opening of the proposed development, the
applicants shall submit a final status report, in writing, to the Planning Director.
[~]K. Comply with all other applicable rules, regulations, and requirements of the
affected agencies for the development of the subject property.
[~]L. 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.
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should renuire an additional extension of time, the applicant shall submit
its request to the Planning Commission for appropriate action.
[~]N. 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."
SECTION 2. Material Co be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. hi the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
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SECTIOA' 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~~~. ~.~
COUNCIL MEMBER, COUNTY OF HAWAI`i
Hilo, Hawtu`i
Date ofLltroduction:
Date of 1st Reading:
Date oP2nd Reading:
Effective Date:
REFERENCE, C,otrmT 218
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ENDMENT 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, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDEN TIAL (RS-iD) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT WAIAKEA
SOUTH HILO, HAWAII. ,
PREPARED BY PLANNING pEPARTMENT
COUNTY OF HAWAII
iMK -2-J4.fJ5 Qa 93
JAN VARY 13, 2000 '
EXHI9~T '-A I~.e.a, :. ~a.ol
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