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HomeMy WebLinkAboutBIL 056 Draft 02 2008-2010COUNTY OF HAWAII STATE OF HAWAII BILL NO. 56 (DRAFT ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 00-3] W[-IICI-I RECLASSIFIED LANDS PROM SINGLE FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10) TO NEIGF1130RHOOD COMMERCIAL-20;000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, I-IAWAI`I, 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 [~i<tleek} Waiakea, South Hilo, Hawai°i, shall be Neighborhood Commercial -20,000 square feet (CN-20): SECTION 2. [=Fliis-sl~ge~+~-~istr-icy-slassi~ation-is-eenc#itionod-t~pen-tl3e-fello~3~J In accordance with Section 25-2-44, I-Iawai`i Countv Code 1983 (2005 Edition) the County Council Ends 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 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 f ve (5) years from the effective date of this [e~ic~se~amendment. This time period shall include securing Find Consolidation Approval and Final Plan Approval Crom 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 poCential adverse noise or visual impacts to surrounding properties. Landscaping shall be provided in accordance with the requirements of PlanninK Department's Rule No. 17 (Landscapint~ 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 [one] Flinano 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 SU•eet 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 sidcwall< and drainage improvements within the fixture road widening setback area established as one-half the distance between the existing right-of--way and 60 feet. 2. Ahalf-section of roadway improvements on the west side of ~Hit~ano~ Hirano Sheet consisting of a 16-foot wide A.C. pavement with concrete -2- curb, gutter, and sidewalk and drainage improvements in the area established as one-half the distance behvecn the existing right-of-way and 50~ -]Feet. If required, installation of street lights, signs, and traff c markings meeting with the approval of the Department of Public Works, Traffic Division. All roadway improvements to Manono Street and [matte] I-linano Street shall be completed within five (5) years from the effective date of [khe e"^^^° ^'''^•~° ^°a~r^^^°]this amendment or in conjunction with the County's road widening improvements, which ever occurs first. li. The 5-Foot wide future road widening section fi'onting the subject property along Manono Street and roadway improvements on ~~I+aane~ Flinauo Street shall be subdivided and dedicated to the County of Hawaii. [F. ~o'~a `~°~-:z~agetr~e,,• n'^., .".,~~ ~~ ~„~m~tEed-for-rev}~sv-a+~i-appreual-Fe Ehe-Bep~et~ef I--t~falic~eenjtnEtie~ Fhe-sttbm' •,"'^ F ~~' ^.+~s-for ppetx~al-te-tkie~Iat3ntn~b Bireeter-J 1'. A Solid Waste Management Plan shall be submitted to the Department of [;nvironmental 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 (~ttbl~ "~rs]rnvironmcntal Manaaement. H. If the applicant, successors, or assigns develop residential units on the subject property, the applicant shall male its fair share contribution to miti ate 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 Plau 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 percentage chance in the I-Ionolulu Consumer Price Index (I-ICPI). The fair share contribution shall have a combined value of $7,383.36 per multiple family residential nail (~ ll,506.131 per single Family residential unit). The total amount shall be determined with the actual number of units according to the calculation and moment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: l . $3,642.00 per multiple family residential unit ($5,548.46 per single Pamily 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 Count ty o support police facilities; 3. $354.08 per multiple )amity residential unit ($528.66 per single family residential unit) to the County to support Fire facilities; 4. 5157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities: and 5. 53,ll4.36 per multiple Pamily residential unit (54,929.90 per single Pamily residential unit) to the County to support road and traffic improvements lu lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation. tire, 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 -4- appropriate a~encics and approval of the County Council. I. 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 1 1 Article I I-Iawai`i County Codc relatiu~ to Affordable F[ousine Policy This requirement shall be approved by the Administrator oPtlze Office of Housing and Communitti~ Development prior to Final Plan Approval. ~~~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, i^ 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 Pees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements oPthe Unified [nzpact Fees Ordinance. ~~~M ~ n r : ,:.:.,i .......:.... ..F.:.,, . c,...r+rranee-e€eend~i~tzhe eriee-rt~e-grant"a'~-~~ `",, '-'m:;3~treetor-u}3errt}ie-Felao~~ui+~g eiret+nzstaace s= -IaT.'~°-;zeta-pe+IFirmanse-ts-the~Qften~iki~::~'~^t-~otdd-n,.~n €eresyand-th^ ~^zlze~Ijearzt-sttc~ssers-er-assib d •",.• „` ,"~ .,~farrlt,n-negltgenee at3 -~ er~„~r~~,~ ~~t}It-of--the 't r"^~-4he-Hnz~ ,..~r+I~e, ~~ ,..~+he-C~ene~lan er-~antn~~ede -or~,;;kitcg-ezf tlze-time e~~ensi~net-he-eontrar~e-erigina! -5- reaSAaa F 1. .,r: ..F A, ..1, .,f Z,.n~ A Tl,o r:..,o o„r~.,~t2d ,.I,.,ll~el:.1e.7~~2}i9d 0r}gin311~`-g~lilf3t@d-fAi~3f?rfArf~ka31 /' ...,...,.7: r:,.., r.. l.o „~afaxuaco-`wimirz e Y,,..,,.... 5. Tf rl. ..1: ..r mil, .1.7. a~ .. waa' I ..f r: .,~e PI Tl:.o..r.,. ,.L...li ,...1,.,,:r Ai~~YI:...,.~~rh~, D won-aiiari;;,'1~,-~`~r-appropriate-ac-tierr.] Ifthe~a licant should require an additional extension of time the Planning Director shall submit the applicant's request to the Cowlty Council 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 origuTal 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 pa1~Cs 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 lst Reading: Date of 2nd Reading: Effective Date: REFE~tTICE: Cots~n: 218.2_ -d- L4-7.5 ~ C4~-1.5 LG-7.5 ML20 C4 -7.5 L4-7. 04.7.5 M' -2 85.10 k5-10 ~ RS-10 RS-1 ~~- ~~ RS -10 ~ . . ~ LN•7.5 ~ w z _ ML,• 20 ~i w .41 1 ~ m k ~ ~ ~ -- .5 ~ , , ks -'10 M - 10 rn AIL -~ Z ) 85.10 RS-i0 ~ - 9: .RS-10. RS-10 Q HUALANI ~ ~ ~„~ ~ RE R lW TR E7 R 5 - 1 O z 1 263.0 S~ ~ R• I "~ 9,?41.0 E ${ s '~ " 4 u, m HALM $ ~ ~ 10 RS-10 ,~ k5 - ~ ML -10 k5 - 10 L4-20 RS - I O 1 ~. R4i0 RS • 1 O k5 - 1 O ~ R5 10 --'____ ____ ____ ___ k - 10 ML - z _ __ KEKUANAOA U U 60 R W LPIE "'- --- - - _- '- --- --- _ ~ STREET k5-10 ~ RS-1 R -70 SINGLE FAMILY RESIDEN7IAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (GN-20) R5 - to AREA: 67,500 SQ.FT ~ . ~ o ~ Z O Z RS • I O ~ k5 - I O ~ Y -~ R5 • IO < RS - I O O s . ~ Z ML-2 Y LEILANr----r ~-~---~--~-~ P--~..~.r.~~ . • STR~ EE T ~ ~~ 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, 8Y CHANGING THE DISTRICT CI1~551FICATION FROM , SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COlAMERClAL (CN-20) AT .WAIAKEA , SOOTH HILO, HAWAIf. . -. PREPARED BY PLANNING pEPARTIAENT I COUNTY OF HAWAII tMK -^.-J4.C5 Qa 93 • JANVARy 13, 2000 EXHIBIT '•A.. ~~~-_----"----~~-- (c...a. ~. nq.el -.