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Home My WebLink AboutORD 2009-114 2008-2010COUNTY OF HAWAII STATE OF HAWAII ~9 ~~~ BILL NO. 117 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. O1 34 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL - 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-020:007. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. O1 34 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 [~c~] Waiakea, South Hilo, Hawaii, shall be General Commercial - 10,000 square feet (CG-10): SECTION 2. [T'~~ ~,,,,,no ;,, a;~,,-;,.~ ,.i.,~~;~;,.,,~;,,r : „,~;~;,,,,o,~ , „ ~~o f ii,,.,,;,,~.:) 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 maybe 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 proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Plan Approval shall be secured from the Planning Director within two (2) years from the effective date of this [^]amendment, in accordance with the Zoning Code Sections 25-2-72 and 25-5-117 and the Planning Department's Rule 17 (Landscaping Requirements) for the commercial development within the subject property. Plans shall identify structures, fire protection measures, landscaping, 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 and visual impacts to surrounding properties. C. Prior to the issuance of the Certificate of Occupancy, the applicant shall reconstruct the existing concrete driveway and provide full-width concrete sidewalk along the subject property's entire Kino`ole Street frontage to meet the requirements of the Hawaii County Code and the Americans with Disabilities Act (ADA), meeting with the approval of the Department of Public Works. D. [ n ~ i•a ~a~ ~ ~~ o ors ~i., ~~,.,ii t,o „t.,,,;~~~„a ~ ,a „ ,. „i ~„ o urr~v.e~. u~~u upp..~., ~~~n-e-~~'e~l~. n ,. „r~~,o „ .o,a ni.,,, ~~,~» ~,A ~„~„n;t*~a .]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. E. Prior to the issuance of a Certificate of Occupancy for the proposed development, the applicant shall submit a final written report to the Planning Director stating that all conditions have been met. -2- 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 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 andcombination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually be ig nning three years after the effective date of this ordinance based on the percenta e'~ change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a combined value of $7,698.11 per multiple family residential unit ($11,996.63) per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and pa i~provisions set forth in this condition. The fair share contribution~er multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,797 26 per multiple family residential unit ($5,784.99 per single family residential unit) to the Count t~pport park and recreational improvements and facilities; 2. $120.01 per multiple family residential unit ($279.07 per single family residential unit) to the County to support police facilities; 3. $369.17 per multiple family residential unit ($551.20 per single family residential unit) to the County to support fire facilities; 4. $164.54per multiple family residential unit ($241.32 per single family residential unit) to the Count ty o support solid waste facilities; and 5. $3,247.12 per multiple family residential unit ($5,140.06 per single family residential unit) to the Count ty o support road and traffic improvements. -3- In lieu of pa~~ 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 devel~ment subject to the review and recommendation of the Planning Director upon consultation with the appropriate agencies and approval of the County Council. G. 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. [~]H. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. [F:]I. 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. f~lJ f n -'+' 1 + - 4'~' 4' rl, 4' o „F,. „~1;~;~, r;~hin tl'',e > > do ~o~£n~ ~a .. '~w -4- ~-] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. [~]K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property 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: ._---- COUN EMBER, COUNTY OF HAWAII Kona,, Hawaii Date of Introduction: August 19, 2009 Date of 1st Reading: August 19, 2009 Date of 2nd Reading: September 2, 2009 Effective Date: September 23, 2009 REFERENCE, C«nm. ,®„~53 -5- ... e, .~ 9 Y Ae A . ,PO - 3.75 \ LG-7.5 ~~. MgvN~ ~~ k~ .s LG - 7.5 RD -19. T5 KINOOLE I 1.F` I I I ~"~ , zs-/o ~ , ~~' s ~ - c° GF m b .~ ~ %~ 5 ,.~o,~r ti z ~ao ~ ° w ~ ~i °o Q m ~~ a RO - 3.75 zs-/o ~O~r^~ L,f O ' ' P~ LG - 7. 5 1.245.14 S RO 3.75 5,177.73 E " HAIAI° D STREET - cG-zo 0 ~•. LG-7.5 RS-/O LG-20 ,PS - /O W tG-so ~ zs-/c N KO-9.75 KD-3.75 KO-3.75 SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL RO - 3.75 - COMMERCIAL (CG-10) AREA: 19,721 SQ: FT. ULULANI ' STREET tA~ _ RO - 9.75 ~ •._, - .E!O - 3. 75 0 QM - / J- _ -_ _. _.._: ~ ...._ _.__ _ __. .... .. QO - 3.75. .. ... AMENDMENT TO THE Z0~11NG CEDE 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 RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) `AT ~ WAIAKEA, SOUTH HILO, .HAWAII. PREPARED ~Y .PLANNING DEPARTMENT COUNTY OF HAWAII FOR REFERENCE ONLY TMK 2-2-20;7 DECEMBER 7, 2000 ~YLJIRIT "A" ~ - OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Date Introduced: First Reading: Published: J Yoshimoto ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X ~. ``= Greenwell X ;~~ c~ Hoffinann ~ X_e - ` ~_i --~ Ikeda X c~.~ ,• •, ' Naeole X . Onishi X ~, ? ~ _ i Yagong X s_~ ~ ' -~ Yoshimoto X ~ 8 ~l `~ o REMARKS: August 19, 2009 August 19, 2009 August 29, 2009 Second Reading: September 2, 2009 To Mayor: September 11, 2009 Returned: September 23, 2009 Effective: September 23, 2009 Published: September 30, 2009 REMARKS: ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffinann X Ikeda X Naeole X Onishi X Yagong Yoshimoto X X __ -_^__--Ji 7 1 1 I - C i ~-~ I JO iIL'R,~'BY CERTIFY that the foregoing BILL was adopted by the County Council published as indic`~~ied above. .-~-~ APPROVED AS TO FORM AND LEGAL.LT_Y: ._..____..._._ -~ o-''"'' __ COUNCIL CHAIRMAN DEPUTY COF ORATION COUNSEL sir---~''"~ COUNTY OF HAWAII -~ Date ~ ~ P 21 2009 ~ COUNTY CLERK `~~ - 117 Bill No.: _ C-453/PC-40 -------_._. Reference: _ _ ___ _ _____ OrdNo.: ~~ 1.~.4 r1~lA YOR, COZINTY OF HA WAI 'I