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Home My WebLink AboutORD 2016-087 2014-2016COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 16 S7 BILL NO. 217 (DRAFT 2) 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 HOUSE LOTS 1 ST, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2- 027:038, 039 & 058. 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 Waidkea House Lots, Waidkea, South Hilo, Hawaii, shall be Neighborhood Commercial —10,000 square feet (CN -10): LOT 4-A: Beginning at the southeast corner of this parcel of land and the southwest corner of Parcel 4 (addition to Manono Street right -of -;way), the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 2,843.00 feet South and 9,086.00 feet East, and running by azimuths measured clockwise from True South: 1. 90° 00' 195.00 feet along Lot 6-A; 2. 180° 00' 100.00 feet along Lot 3; 3. 270° 00' 195.00 feet along Lot 2-A; -1- 4. 360° 00' 100.00 feet along Parcel 4 (addition to Manono Street right-of-way) to the point of beginning and containing an area of 19,500 Square Feet. LOT 6-A: Beginning at the northeast corner of this parcel of land and the northwest corner of Parcel 3 (addition to Manono Street right-of-way), the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 2,843.00 feet South and 9,086.00 feet East, and running by azimuths measured clockwise from True South: 1. 3600 00' 100.00 feet along Parcel 3 (addition to 2. 1800 00' 100.00 Manono Street right-of-way); 2. 900 00 195.00 feet along Parcel A -1-A; 3. 1800 00' 100.00 feet along Lot 5-B; 4. 2700 00' 195.00 feet along Lot 4-A to the point of beginning and containing an area of 19,500 Square Feet. PARCEL A -1-A: Beginning at the southeast corner of this parcel of land and the southwest corner of Parcel 2 (addition to Manono Street right-of-way), the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 3,043.00 feet South and 9,086.00 feet East, and running by azimuths measured clockwise from True South: 1. 900 00' 195.00 feet along Lot 10-A; 2. 1800 00' 100.00 feet along Lot 7; 3. 2700 00' 195.00 feet along 6-A• 4. 3600 00' 100.00 feet along Parcel 2 (addition to Manono Street right-of-way) to the point of beginning and containing an area of 19,500 Square Feet. -2- 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. 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 if determined to be necessary by DWS based on the water usage calculations, shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with 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. The applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include, but not be limited to, a fire hydrant fronting the subject parcels and a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any -3- additional water meters on private property, which must be inspected and approved by the Department of Water Supply. D. Should the applicant, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Manono Street that may be deemed necessary by the Department of Public Works. E. Construction of the proposed commercial development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant(s), successor(s) or assign(s) 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. Plans shall identify all existing and/or proposed structure(s), paved driveway access and parking stalls associated with the proposed development. Landscaping shall 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 Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. F. Driveway access from Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. 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 sewer line fronting the property. in I. If the applicant(s), successor(s), or assign(s) develops residential units on the subject properties, 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, 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: • $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; • $135.12 per multiple family residential unit ($314.20 per single family residential unit) to the County to support police facilities; • $415.64 per multiple family residential unit ($620.58 per single family residential unit) to the County to support fire facilities; • $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. -5- 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. 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. 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 immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. 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. IM 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. 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. INTRODUCED BY: Hilo , Hawai`i Date of Introduction: July 19, 2016 Date of 1 st Reading: July 19, 2016 Date of 2nd Reading: August 3, 2016 Effective Date: August 18, 2016 REFERENCE Comm. 908.4 -7- 0.D-315 RD -375 RS -10 RS -10 R$10 LEILANI Si LOT" DMNEY RESIOENFNL- 10.000 Sp11RE FEET M-101 TQ NU— XpGHBORHOOO COMYEMAL- 10,WWILARE FEET lCN-1III 13,A00 SQUARE FEET RS -10 95-10 0.510 RS -10 R5-10 RS -10 LOT&A 2803 W'S SINGLE FAMILY RESIDENTIAL-10,000SQUARE METING IDITO 90B6C0'E NEIGHBORHOODGIAMMERCIAL-10,000 SQUAREFEETICN.10) TFLAI l9.MM SQUARE FEET RS -10 RS -10 Q RS -10 R540 O O AS 10 R5-10 RS 10 RS -10 R5-10 RS -f0 R5-10 FAFo4S..-1# &MOLE f#XILY REOIOEXTAl -10.00pRE FEET I113101T0 XB(iHBORNOOO Cp1Yp1CIgLQ -gO0pSp Ey0eYW5 f0}W 501100E FEBi E R5-10 Ps10 RS -10 RS -10 R5-10 RS -10 RS -10 [1V-10 As to RS to Feel 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 HAWAI'I 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 HOUSE LOTS 1 ST, WAIAKEA, SOUTH HILO, HAWAII TARN. (a) 2 2-0x7:038 MAP PREPARED BY: (01 z-aezzeas 1a)az.on.ose COUNTY OF HAWAII, PLANNING DEPARTMENT Dare FemNBry za, 2018 EXHIBIT "A" OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Greggor Ilagan Date Introduced: July 19, 2016 First Reading: July 19, 2016 Published: July 30, 2 016 REMARKS: Second Reading: To Mayor: Returned: Effective: Published: REMARKS: August 3, August 11, August 18, August 18, September 2016 2016 2016 2016 3, 2016 NOES ABS EX Chung X David X (Draft 2) Z9!6 Aful�', m du' F11' 11: 15 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 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 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. 1 ,An COUNCIL CITAI R N Approved/ isapproved this day of U!5, 20 10 C ' Y CLERK 217 (Draft 2) Bill No.: MAYOR, COUNTYOFHAWAI`IReference: C-908.4/PC-71 Ord No.: 16 87