HomeMy WebLinkAboutBIL 321A Draft 01 2006-2008COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 3z>_A
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-] 0) TO GENERAL COMMERCIAL -
10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY
TAX MAP KEY 2-2-025:011.
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 General Commercial - 10,000 square feet (CG-10):
Beginning at the Northwest corner of this parcel of land on the Southeasterly side
of Kilauea Avenue Road the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALM" being 3,579.77 feet South and
7,234.64 feet East and running by azimuths measured clockwise from True South:
238°' 10' 89.53 feet along the Southeasterly side of
Lanikaula Street;
Thence along Kilauea Avenue on a
curve to the right with a radius of
30.00 feet, the chord azimuth and
distance being;
2. 289° 08' 46.61 feet;
3. 340° O6' 51.62 feet along the Westerly side of
Kilauea Avenue;
4. 58° 10' 108.20 feet along Lot 7, Block 102, of the
Waiakea House Lots, 2"d Series,
Grant 9041 to Sarah K. White;
5. 148° 10' 86.70 feet along Parce127 being a portion
of Lot 8, Block 102 of the Waiakea
House Lots, 2"a Series and a portion
of Grant 9406 to Mrs. Annie N.
Macomber to the point of begimiing
and containing an area of 9,886
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. 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. Conversion of the existing cottage to office uses shall be completed within five
(5) years from the effective date of this ordinance. Prior to conversion and/or
construction, the applicant, successors or.assigns shall secure Final Plan Approval
for the proposed development from the Planning Director in accordance with
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Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall
identify all existing and/or proposed structures, paved driveway access and paved
parking stalls associated with the proposed development. Landscaping shall also
be indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Plamling
Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning
Code), Hawaii County Code.
D. The proposed business shall be limited to the existing cottage. If necessary, the
cottage shall be replaced by a structure of no more than 1,000 square feet in size
and of similar character.
E. The applicant shall provide improvements to the entire frontage of Lanikaula
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 Americans with Disability Act (ADA) and the approval of the
Department of Public Works. All improvements to Kilauea Avenue and
Lanikaula Street shall be completed prior to a Certificate of Occupancy.
F. To preserve adequate vehicle sight distance at the intersection of Kilauea Avenue
and Lanikaula Street, the existing wall and shrubbery shall be removed and cut to
a maximum height of three feet from the roadway elevation at the comer of
Kilauea Avenue and Lanikaula Street. The portion of the rock wall within the
Lanikaula Street right-of--way as shown on the survey map dated Febmary 9, 2008
shall be removed or relocated into the property.
G. No access shall be allowed from Kilauea Avenue. Access to the property from
Lanikaula Street shall be limited to the extreme limits of the property, away from
the Kilauea Street/Lanikaula Street intersection, and meeting with the approval of
the Department of Public Works. All driveway connections shall conform to
Chapter 22, Streets and Sidewalks, of the Hawaii County Code.
H. hrstall street lights and traffic controls as required by the Traffic Division,
Department of Public Works.
I. A drainage study shall be prepared by a licensed civil engineer and submitted to
the Department of Public Works. The recommended drainage improvements shall
be constructed, meeting with the approval of the Department of Public Works,
prior to the receipt of a Certificate of Occupancy.
All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
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K. 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.
L. If the applicant, successors, or assigns develops 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
share contribution may be 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 $7,043.62 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 shall be allocated
as follows:
$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;
$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
$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.
hi 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
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Director, upon consultation with the appropriate agencies and approval of the
County Council.
M. Should the Comrcil adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
N. 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 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.
O. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
P. 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 are beyond the control of the applicant, successors or assigns,
and that are 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.
Granting of the time 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 inay be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Plamiing 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
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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 B
COUNCIL MEl BER, COUNTY AWAI`I
Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
REPEBg'1Cl`. Gang 1320 _
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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 GENERAL COMMERCIAL 10,000 SQUARE FEET (CG-10)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY
MK: 2-2-025:011 COUNTY OF HAWAII PLANNING DEPARTMENT ogre: March 16.200
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