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Home My WebLink AboutORD 2009-045 2008-2010COUNTY OF HAWAII ORDINANCE NO. ®9 STATE OF HAWAII BILL NO. ~S AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HLLO 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 - 10,000 SQUARE FEET (CN-10) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-034:088. 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 Houselots, Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial - 10,000 square feet (CN-10): Beginning at a galvanized iron spike and ahu at the southwest comer of this lot and the northwest corner of Lot 3, and on the east side of Manono Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 1,063.0 feet south and 9,141.0 feet east, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 180° 00' 100.0 feet along the east side of Manono Avenue to a galvanized iron spike and ahu; 2. 270° 00' 225.0 feet along the south side of Hualani Avenue to a galvanized iron spike and ahu; 3. 360° 00' 100.0 feet along Lot 2 to a galvanized iron spike and ahu; 90° 00' 225.0 feet along Lot 3 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 followhlg 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(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed -2- development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai `i County Code. D. A five-foot future road widening strip along Manono Street and Hualani Street shall be delineated on the plans submitted for Plan Approval review. The five- footwide future road widening sections with roadway improvements shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. E. The applicant(s) shall provide improvements to the entire frontage of Manono Street and Hinano Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Department of Public Works. All roadway improvements to Manono Street and Hinano Street shall be completed prior to a Certificate of Occupancy. The primary access to the project site shall be from Hualani Street, with only one right-turn restricted access point allowed on Manono Street. G. The applicant(s) shall provide a minimum 20-foot comer radius at the intersection of Manono and Hualani Streets. H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared 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 constmcted meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. -3- I. 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 if the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (their) 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 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 (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 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. $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; $l 15.11 per multiple family residential unit ($267.66 per single family residential unit) to the County to support police facilities; -4- 3. $354.08 per multiple family residential unit ($528.66 per single family residential writ) 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 $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 paying 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 appropriate agencies and approval of the County Council. K. 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. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article I, 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. -5- M. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary Co the General Plan or Zoning Code. 3. Granting of the lime extension would not be contrary to the original reasons for the granting of the change of zone. 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). If the applicant(s) 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 may initiate rezoning of the area to its original or more appropriate designation. -6- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other pans 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: March 18, Date oflstReading: March 18, Date of 2nd Reading: April 8, Effective Date: April 23, 2009 2009 2009 2009 -7- REFERENGt, Corrun. 14 8 RS-30 RS-10 CG-20 CG 7.5 RS-10 RS-10 HI NANO ST RS-10 RS-10 RS-10 RS-10 C -20 RS-30 SINGLE FAMILY RESIDENTIAL-10,000 (J~ SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL- Z 10,000 SQUARE FEET (CN-10) CG 7.5 R$-7.5 Q Q 22,500 SQUARE FEET CN-7 5 1,063.05 141 9 0 E , . -Haar CN 20 RS-10 RS-10 RS-7 5 RS-10 . MANONO ST CG 7.5 RS-10 RS-10 RS-10 RS-10 RS-10 CN 20 RS-30 RS-30 RS-10 R -10 CG - 5 900 0 150 300 600 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 - 10,000 SQUARE FEET (CN-10) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAI'1, PLANNING DEPARTMENT TMK: 2-2-34:88 DATE: October 28, 2008 EXHIBIT "A" Peggy Konanui-Tokunaga: Map 1255) OFFICE OF THE COUNTY CLERK Cowity of Hawaii Hilo. Hawaii Introduced By: Date Introduced: First Reading: Published: RFA-1,-1 /tti"S' Donald Ikeda March 18, 2009 March 18, 2009 March 27, 2009 Second Reading: April 8, 2009 To (\9ayor April 17, 2 009 Reuirned. April 23, 2009 EI'fcciive: April 23, 2009 Published: April 30 2009 REA-L(RK.S: ,g ~,V T ~E ES HBS EX Enriques X (;~ )~~t W `~T r ~ !._(v! ;`.~ Ford X'.~J~ 11` i '~ ~ 9 ! ~H`t'r-t~ Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 8 1 0 0 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 6 1 2 0 l DO FIEKEl3Y CERTIFY that the fa~egoing 61LL was adopted by the County Council published us indicated cibove. APPROVED AS TO FO Pq1 AND LEGALITY: D U/ Y CORPORATION OUNSEL COUN Y OF HAWAII Date ~,PR 2 2 2009 ris ~~~ _ day ;~. ~o~. CO UNCI`L ,CHAIRPERSON ~~~~~ COUNTY CLERK 33 Bill No.: C-148/PC-8 Reference: Ord No.: ~~ ~rJ 1.11' ~K, C' )~Y OF HAWAI'1