HomeMy WebLinkAboutCOM 0218.001 2008-2010
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DONALD IKEDA ~P,:'•;~,~~'••+o Phone No.: (808) 961-8261
Council Member bV„v Fax No.: (808) 961-8912
District 2South Hilo E-mail: dikeda@co.hawaii.hi.us
;2909 APR 9 An ].I. `i2
HAWAII COUNTY COUNCIL
County of Haivai `i
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
Date: April 8, 2009
To: J Yoshimoto, Chair
And Council Members Q
From: Donald Ikeda, Council Member c^
Re: Proposed Amendment to Bill 56, Which Amends Ordinance No. 00-31, Which
Reclassified Lands at Waiakea, South Hilo, Hawaii, Covered By TMK 2-2-034:84
GHC Family Limited Partnership, applicant.
Attached please find a proposed amendment to Bill 56. The proposed amendment is in Ramseyer
format, and a draft copy of Bill 56, Draft 2, is attached. Additions have been bolded in this transmittal
for reference purposes only. The proposed amendment will amend existing Condition "M", and read as
follows:
Amend Condition "M" regarding additional extension of time requests:
[K-]M [
may be granied by the Planning Di'"t"t'o' upon the fell ti i..e ,........t.t..,.e...
1 The " e«f rmance is the « tilt of , enditions thin ..Ia n"t have' 1'00^
thin a net the result of thei.. f tilt a eglia,tnee
o ^ eOteN^i^^ tt.,tttl,]
..,tt be ,t,t.d«..«., to the General Plan
7. Granting of Ri N`t'
z
Zoning code.
3. Gr nting of the time exAensi on . ,veu aat be eontrary the original reasons
for the e eHting of the change of -,tine
ai$.?
Comm. No'
Ref. To:
Ref. Gate APR Ors NO
Hawaii County Is An Equal Opportunity Provider And Employer
April 9, 2009
Page 2
A The tifne e anted shall be for a period not to a eed the « ,
originally «ted faf «erf,.rmanee (i.e., condition to be «effamied within
one year may be extended fi3r tip to one additional year).
-5-.] [if the plieant should require an additional extension of time the Dlannipg
J Di teeter shall submit the appli ant's request to the PI inl- and
County r'e.,ne:l F - appropriate aeti^«.] If the applicant should require an
additional extension of time, the fapplieaitt] Planning Director shall submit
[its[ the applicant's request to the [Planning Commossion] County Council
for appropriate action.
DL•awm
Att.
,Vol,
COUNTY OF HAWAII " STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 00-31 WHICH RECLASSIFIED LANDS
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 (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 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 [W-°a' Waidkea, South
Hilo, Hawaii, shall be Neighborhood Commercial - 20,000 square feet (CN-20):
SECTION 2. [ This ehange in list fiet elassif^^tion : nditione . n the F flowing, ]
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 emanating from the land use
proposed with respect to:
Protection of the public from the potentially deleterious effects of
the proposed use, or
BB) 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. Construction of the proposed improvements and related improvements shall be
completed within five (5) years from the effective date of this
[erdinanee] 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 Requirements) standards for CN zones adjoining a RS
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 [14ixatxe] HTnano 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:
1. 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.
2. A half-section of roadway improvements on the west side of [14inaxe]
HTnano Street consisting of a 16-foot wide A.C. pavement with concrete
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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 [I=Iinano] Hinano Street
shall be completed within five (5) years from the effective date of [the
ehange of zone ardinanee]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 [14inana] Hinano Street shall be
subdivided and dedicated to the County of Hawaii.
[i n Solid \El.,..te Mara ement 121m ;hall he suh-.,:tted for review and a ,al to
L the Department of Publie \17,..ks i «,.t:..n with the submittal of plans to
Plan Approval to the Planning Dife .to
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 requirements of the Department of
[Publie-Works] Environmental Management.
H. 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,
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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
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percenta eg change in the Honolulu
Consumer Price Index (HCPI). 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 pavment provisions set forth in
this condition.
c
The fair share contribution per multiple family residential unit (single family
residential unit) shall be allocated as follows:
I. $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 unit) 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. $3,114.36 per multiple family residential unit ($4,929.90 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paving the fair share contribution, the applicant 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
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appropriate agencies and approval of the County Council.
L 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.
["-.]L 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.
[E]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.
[K-.]M. [An initial e.,r..... ien eftime for the per44me^ee of eRriditio..s within the
,.rdinanee may he a nted b the Planning Direeter tipan the f I1'..,.:",.
t,
~s
z 1 . The n erf.«....anee is the « ..lt Rf,.RBd-4i0B..that e ..I`I Net I`e•,e heeN
..'1 that arp, Pet tl,e « ulr of their F.,,.lr negligence.-
2. !_«e...ting of the time extensien would not be ....mfaiy to the General Plan
or Zoning Code.
3. !'_ranting of th-e time ex-tension vietild- not be eent to the original
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f°" the " anting °f the change of zone
A Tl.° timp. ext, nsion anted ..hall be f fie not to exceed the ......:°'1
one year may be extended fof up to efie addiiienal year),
S. if t4ie appliea nrshe~~luld -require an additional extension of time, the
Dlapming Difeeter shall submit the .,pplieant's request to the Planning
Commission and County Coune:1 for appropriate aetien ] If the applicant
should require an additional extension of time, the Planning Director shall
submit its request to the County Council for appropriate action.
[I?.]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 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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