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Home My WebLink AboutBIL 278 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Council - September?, 2014 Action: Withdrawn by introducer (Kern). Re: Bill 27K Comm. 978 (20[-1-2014 term); PC -76 (not adopted) COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 278 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 -10) TO NEIGHBORHOOD COMMERCIAL — 10,000 SQUARE FEET (CN -10) AT WAIAKEA, SOUTH HILO, HAWAI`l, COVERED BY TAX MAP KEY: 2-2-034:072. 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 Neighborhood Commercial — 10,000 square feet (CN -10): Beginning at the northwest corner of this lot, the southwest corner of Lot 1 and on the east side of Hinano Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1063.0 feet South and 9631.0 feet East, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 2700 00' 225.00 feet along Lot 1; 2. 3600 00' 100.00 feet along Lot 4; 3. 900 00' 225.00 feet along Lot 5; 4. 1800 00' 100.00 feet along east side of Hinano Street 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 a 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 may be 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. The commercial use of the property shall be established (certificate of occupancy) within five (5) years from the effective date of this ordinance. Prior to establishment, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards. -2- D. Prior to the issuance of Certificate of Occupancy for any retail or office use, the applicant shall secure a change in use (occupancy) building permit from the Department of Public Works -Building Division. E. Driveway access from Hinano Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. A five-foot wide future road widening strip along the entire Hinano Street frontage of the subject property shall be submitted for a subdivision application and dedication to the County, at no charge, prior to the issuance of a Certificate of Occupancy. Such dedication shall include improvements within the road widening strip consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works and conforming to the requirements of the Americans with Disabilities Act. G. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, 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 constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. H. The project shall connect to the County sewerline fronting the property. 1. 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, -3- 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 (HOPI). The fair share contribution shall have a maximum combined value of $8,542.61 per multiple family residential unit ($13,312.70 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 units) shall be allocated as follows: 1. $4,213.83 per multiple family residential unit ($6,419.62 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $133.18 per multiple family residential unit ($309.68 per single family residential unit) to the County to support police facilities; 3. $409.67 per multiple family residential unit ($611.66 per single family residential unit) to the County to support fire facilities; 4. $182.59 per multiple family residential unit ($267.79 per single family residential unit) to the County to support solid waste facilities; and 5. $3,603.34 per multiple family residential unit ($5,703.94 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 0 proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. J. 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. 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. L. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be 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(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 to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. 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 may be extended for up to one additional year). -5- 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. 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. Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 78 INTRODUCED BY: COUNCIL MEMBER, CO TY OF HAWAII on RS -10 R5-10 HUALANI ST RS -10 MCX-20 R5_10 RS -10 85-10 MCX-20 d Q N N Y O Z J zCN -20 Z RS -10 MCX-20 cN-10 RS 10 CN -10 Rs-io RS -20 MCX-20 KEKUANAUA ST CN -10 CN -10 RS -10 RS -10 RS -10 Feet 0 250 500 750 1,000 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, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3)2-2-034:072 DATE: Apr. 4, 2014 RS-10 1,C63.00' S CN -10 R -10 sc�3'.nae RS -10 SiNGtE•FAMILY RESIDENTIAL - 10,000 SC;FT. (RS -10) TO NEIGHBORHOOD COMMERCIAL - RS -10 10,000 SQUARE FEET (CN -10j 22,500 SQUARE FEET TOTAL RS -10 EXHIBIT "p►" LK & RR Enter. LLC nn...• lzen RS -10 CG -20 CG -20 CG -20 CG -20 RS -10 CG -20 EXHIBIT "p►" LK & RR Enter. LLC nn...• lzen