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HomeMy WebLinkAboutCOM 0981.001 2014-2016 o°Mt:'oF N,'�i Office: (808)965 2712 From the office of- 4 c �'�'h� • Fax: (808)965-2707 Council Member ;� .,•Y`'�-"``• ', .. District 4—Puna Makai : �: ' :` Email: gilagan@hawaiicounty.gov fir!OF•Mtn' GREGGOR ILAGAN 25 Aupuni Street,Hilo,Hawaii 96720 August 9, 2016 `f) MEMORANDUM W To: Dru Mamo Kanuha, Chair And Members of the Hawai`i County Council From:5"M Greggor Ilagan Council Member Re: Proposed amendment to Bill No. 228; An Ordinance amending section 25-8-33 (City of Hilo Zone Map), article 8, chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by changing the district classification from Single-Family Residential—7,500 square feet (RS-7.5) to Neighborhood Commercial—7,500 square feet(CN-7.5) at Punahoa 2nd, South Hilo, Hawai`i, covered by Tax Map Key: 2-3-035:018. Please find attached a proposed amendment to Bill No. 228. The amendment is illustrated below in Ramseyer format with respect to the contents of Bill No. 228 (material to be added is underscored). A draft copy of Bill No. 228, Draft 2, is attached with this amendment incorporated therein. 1. Bill No. 228 is amended by adding a new section as Section 2 to read as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai`i 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. Comm. No. (q g f• ' Ref. To: P112‘... Hawai'i County Is an Equal Opportunity Provider And Employer Ref. Date Attril 6 A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. If deemed necessary by the Department of Water Supply, 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 prepared by a professional engineer licensed in the State of Hawai`i, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy"to the Department of Water Supply prior to the issuance of Final Plan Approval. C. If deemed necessary by the Department of Water Supply, the applicant 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. Installation of the backflow prevention assembly and relocation and adjustment of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening strip along Punahele Street. D. The applicant shall implement any improvements as may be required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for the proposed parking lot. E. In the event there is a need for a wastewater system on the subject site, the system shall connect to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. F. Construction of the proposed parking lot, which shall be limited to employees situated in buildings on TMK: 2-3-35: 45 and 16, shall be completed within five (5) years from the effective date of this ordinance. G. Prior to the construction of the parking lot, 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), Hawai`i County Code. Plans shall identify the paved driveway access between the subject site and TMK: 2-3-35: 42 and paved parking stalls associated with the proposed development, as well as signage that identifies rules relating to the hours of daytime use only; prohibition of reverse parking, excessive idling, loitering; penalty and the like. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise, odor or visual 2 impacts to adjacent properties in accordance with the requirements of Planning Department's Rule 17 (Landscaping Requirements). Landscaping for the side yards shall comply with the buffer yard standard for separation of an industrial zoning district adjoining a residential zoning district in Rule 17. Landscaping for the rear and front yards shall comply with the parking lot standards in Rule 17. Further, a landscaping barrier such as a solid fence and/or vegetative barrier between the subject property and TMK: 2- 3-35: 017 and 019 shall be installed. The combined height of the fence and/or vegetative barriers shall be at least equal to the height of the existing roof line of the dwelling on TMK: 2-3-35: 017 and shall extend at least to the length of that dwelling. Said landscaping improvements and barriers shall be implemented prior to the subject site's use as a parking lot. H. As represented by the applicant and concurred by the landowner, restrictive covenants shall be included in the deed of the subject site that, in spite of the multitude of uses allowed in the Neighborhood Commercial (CN-10) district, restricts its use to an employee parking lot with no direct access to Punahale Street. A copy of the recorded covenant shall be provided to the Planning Department prior to its use as a parking lot. I. The subject parcel shall be consolidated with TMK: 2-3-35: 42. Further, there shall be no direct vehicular access to the subject site from Punahele Street and instead access shall be limited to the access that currently serves TMK: 2-3-35: 42. A physical barrier, such as a fence, shall be erected at the site's frontage with Punahele Street to prevent any vehicular access from Punahele Street. The lot consolidation and physical barrier shall occur prior to its use as a parking lot. J. A ten (10) foot wide future road widening strip along the property's Punahele Street frontage shall be subdivided and dedicated, at no cost to the County and upon demand by the County. K. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease 3 and the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) shall be notified immediately. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. N. 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. 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 this 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, 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 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 Planning Director may initiate rezoning or the subject area to its original or more appropriate designation." 2. Bill No. 228 is amended by renumbering Section 2 and Section 3 appropriately. 4 A copy of Bill No. 228, Draft 2, with these amendments incorporated, is attached. GUps Att. 5 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL— 7,500 SQUARE FEET (RS-7.5) TO NEIGHBORHOOD COMMERCIAL— 7,500 SQUARE FEET (CN-7.5) AT PUNAHOA 2ND, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-3-035:018. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i 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 Punahoa 2nd, South Hilo, Hawai`i, shall be Neighborhood Commercial —7,500 square feet (CN-7.5): Beginning at the west corner of this parcel of land and on the southeasterly side of Punahele Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 401.48 feet North and 627.55 feet West and running by azimuths measured clockwise from True South: 1. 232° 49' 71.00 feet along the southeasterly side of Punahele Street; 2. 322° 49' 130.00 feet along Lot 7; 3. 52° 49' 71.00 feet along the remainder of L.C. Aw. 387, Part 4, Section 1, A.B.C.F.M., R.P. on confirmation number 1946, number 1 to D.B. Lyman; 4. 142° 49' 130.00 feet along Lot 5 to the point of beginning and containing an area of 9,230 square feet. 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, Hawai`i 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 6 (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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. If deemed necessary by the Department of Water Supply, 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 prepared by a professional engineer licensed in the State of Hawai`i, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply prior to the issuance of Final Plan Approval. C. If deemed necessary by the Department of Water Supply, the applicant 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. Installation of the backflow prevention assembly and relocation and adjustment of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening strip along Punahele Street. D. The applicant shall implement any improvements as may be required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for the proposed parking lot. E. In the event there is a need for a wastewater system on the subject site, the system shall connect to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. F. Construction of the proposed parking lot, which shall be limited to employees situated in buildings on TMK: 2-3-35: 45 and 16, shall be completed within five (5) years from the effective date of this ordinance. G. Prior to the construction of the parking lot, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in 7 accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify the paved driveway access between the subject site and TMK: 2-3-35: 42 and paved parking stalls associated with the proposed development, as well as signage that identifies rules relating to the hours of daytime use only; prohibition of reverse parking, excessive idling, loitering; penalty and the like. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise, odor or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule 17 (Landscaping Requirements). Landscaping for the side yards shall comply with the buffer yard standard for separation of an industrial zoning district adjoining a residential zoning district in Rule 17. Landscaping for the rear and front yards shall comply with the parking lot standards in Rule 17. Further, a landscaping barrier such as a solid fence and/or vegetative barrier between the subject property and TMK: 2- 3-35: 017 and 019 shall be installed. The combined height of the fence and/or vegetative barriers shall be at least equal to the height of the existing roof line of the dwelling on TMK: 2-3-35: 017 and shall extend at least to the length of that dwelling. Said landscaping improvements and barriers shall be implemented prior to the subject site's use as a parking lot. H. As represented by the applicant and concurred by the landowner, restrictive covenants shall be included in the deed of the subject site that, in spite of the multitude of uses allowed in the Neighborhood Commercial (CN-10) district, restricts its use to an employee parking lot with no direct access to Punahale Street. A copy of the recorded covenant shall be provided to the Planning Department prior to its use as a parking lot. I. The subject parcel shall be consolidated with TMK: 2-3-35: 42. Further, there shall be no direct vehicular access to the subject site from Punahele Street and instead access shall be limited to the access that currently serves TMK: 2-3-35: 42. A physical barrier, such as a fence, shall be erected at the site's frontage with Punahele Street to prevent any vehicular access from Punahele Street. The lot consolidation and physical barrier shall occur prior to its use as a parking lot. J. A ten (10) foot wide future road widening strip along the property's Punahele Street frontage shall be subdivided and dedicated, at no cost to the County and upon demand by the County. 8 K. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) shall be notified immediately. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. N. 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. 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 this 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, 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 should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. 9 Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning or the subject 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. 10