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Home My WebLink AboutORD 2015-118 2014-2016COUNTY OF HAWAI 1 STATE OF HAWAII BILL NO. ORDINANCE NO. 15 1-18 110 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 — 20,000 SQUARE FEET (CN -20) AT WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:083. 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 House Lots, South Hilo, Hawaii, shall be Neighborhood Commercial — 20,000 Square Feet (CN -20): Beginning at the Northwest corner of this parcel of land and on the easterly side of Manono Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 1,463.00 feet South and 9,146.00 feet East and running by azimuth measured clockwise from True South: 2700 00' 220.00 feet along Lot 1-A, being a portion of Lot 9, Block 20 of the Waiakea House Lots, Grant 8742 to John A. Lee; 2. 000 00' 100.00 feet along Lot 12, Block 20 of the Waiakea House Lots, Grant 8743 to Kaichiro Ikeda; 3. 900 00" 220.00 feet along Lot 13-B-1 and Lot 13-A-1, being portions of Lot 13, Block 20 of the Waiakea House Lots, Grant 8800 to Maria de Gloria Martin; 4. 1800 00' 100.00 feet along the easterly side of Manono Street to the point of beginning and containing an area of 22,000 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made apart 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 (DWS), the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with -2- Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. If required, the applicant(s) shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. D. 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 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 for CN zones adjoining a RS zone. E. Driveway access from Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. The applicant shall provide improvements to the property's entire Manono Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the Department of Public Works prior to issuance of a Certificate of Occupancy. 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 -3- 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 issuance of a Certificate of Occupancy. H. If required by the Department of Environmental Management -Wastewater Division, the applicant shall install pretreatment of facilities and upgrade the lateral to provide a sewer manhole at the property line in connection with the construction of the new structure. I. 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 unit 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 $8,667.10 per multiple family residential unit ($13,506.70 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 unit) shall be allocated as follows: ME 1. $4,275.24 per multiple family residential unit ($6,513.17 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $135.12 per multiple family residential unit ($314.20 per single family residential unit) to the County to support police facilities; 3. $415.64 per multiple family residential unit ($620.58 per single family residential unit) to the County to support fire facilities; 4. $185.25 per multiple family residential unit ($271.70 per single family residential unit) to the County to support solid waste facilities; and $3,655.85 per multiple family residential unit ($5,787.06 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. 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. -5- 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). In 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. 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. 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 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 525 November 18, 2015 November 18, 2015 December 2, 2015 December 22, 2015 INTRODUCED BY: (,3 /1Z ). -a,1-,, zf,�7p, , CO CI MEMBER, OUNTY OF HAWAII -7- R5-10 RS -10 R5-10 R5-10 CN -20 SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL -20,000 SQUARE FEET (CN -20) 22,000 SQUARE FEET CN -20 CN -20 1,463.00' 5 9,146.00' E 'HALA'N R5-10 R5-10 O CN -10 RS -10 R5-10 CN -10 RS -10 z O z R5-10 RS -10 RS -10 RS -10 RS -10 KEKOANAO'A ST � Feet 0 125 250 375 500 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 - 20,000 SQUARE FEET (CN -20) AT WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII MAP PREPARED BY: TMK: (3) 2-2-034:083 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: JULY 16, 2015 EXHIBIT "A" Tamimi Mao: 1362 Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Greggor Ilagan (B/R) November 18, 2015 November 18, 2015 November 28, 2015 Second Reading: December 2, 2015 To Mayor: December 10, 2015 Returned: December 23, 2015 Effective: December 22, 2015 Published: January 9, 2016 �'T`�C'� C01,10111 6f 1 iiYo rS ?ilii ' rC ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X X Paleka X Poindexter X Wille X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. 1 COU JIL CHA P'PERS 7 Approve Disapproved this dayKA Of- , 20 15 C NTY CLERK Bill No.: 110 MAYOR, COUNTYOFHAWAFIReference: C-525/PC-36 Ord No.: 15 118