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Home My WebLink AboutBIL 183 Draft 01 2018-2020COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 183 AN ORDINANCE AMENDING ORDINANCE NO. 10 19 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — ONE ACRES (A-1 a) TO NEIGHBORHOOD COMMERCIAL — 205000 SQUARE FEET (CN -20) AT PONOHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 10 19 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [F2005 Edon-)] (2016 Edition, as amended), 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 -1- applicant shall submit the arAieipated maximum daily water- usage ealeulations with the cc Pokey" to the Department of Water SlIpply within 180 days from the off-eet ve date of this or- inane ] A water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this amended ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that reauired water facilities charges are paid in full. five (5) feet of the water- meter- on private pr-opeft-y, whieh must be inspeeted and ] The applicant, successors, or assigns shall install and construct necessary water system improvements meeting with the reauirements of the Deuartment of Water Sunnly brior to the issuance of a Certificate of Occupancy. D. Construction of the proposed [' ] development shall be completed within [fes] six 6 years from the effective date of this amended ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all proposed structure(s), fire protection measures, paved driveway access, parking stalls and loading zones. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). E. Development of the property shall be designed and constructed in a way to minimize obstruction of the scenic views of Hilo Bay and the Puna shoreline from Komohana Street. -2- F. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide full improvements to the property's frontage along Komohana Street 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. G. Access shall be through Road and Utility Easement RU -11 at Komohana Street and shall be limited to right -turn in and right -turn out movements only. The access connection to Komohana Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. Prior to the issuance of a Certificate of Occupancy, the applicant shall install "no left -turn" sign(s) and a triangular-shaped raised concrete barrier at the property access to prevent left -turns into and out of the access driveway. All improvements shall meet with the approval of the Department of Public Works. H. Should the applicant submit plans to develop a land use beyond what is proposed in the application, 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 applicant shall implement when required by the Department of Public Works, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works.- 1. orks: I. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicant. J. The applicant shall install wastewater disposal system(s) meeting with the requirements of the Department of Health prior to the issuance of a Certificate of Occupancy. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Final Plan Approval. -3- L. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires a NPDES permit for certain construction activity. and the DepaAment of Land and Natufal Resour-ees State 14istefiePfeservatienDivisi (DLNR S14PD) shall be inline iately notified. Subsequeni work shall pfeeee „to nv ba arehae-ologieal eleafanee ffem the DLNR SHPD when it- finds that suffieiei4 mitigation me-a-sufes been +nk ] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during Lthe demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. P. 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 'a prior to final plan approval or final subdivision approval for any new residential structures. Q. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make 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 [$7,698.11-] $9,645.17 per multiple family residential unit ([$119996. 2] $15,030.92 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: 1. [$29797.26] $4,757.69 per multiple family residential unit ([$5,784.99] $7,248.17 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [Q'�] $150.37 per multiple family residential unit ([$27A)-.07] $349.65 per single family residential unit) to the County to support police facilities; 3. [$7] $462.54 per multiple family residential unit ([$8] $690.61 per single family residential unit) to the County to support fire facilities; 4. [$4] $206.16 per multiple family residential unit ([$241—.32] $302.36 per single family residential unit) to the County to support solid waste facilities; and -5- 5. [$2,247.12] $4,068.41 per multiple family residential unit ([ ] $6,440.12 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. R. 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, S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. �wETC72 No i11 WE P .' W -,'.] 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. U. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Directormay initiate rezoning of the subject area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable." SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1024 INTRODUCED BY -7- CIL NMNWR, COUNTNI OF HAWAII PD ,t 1 '•� \�� RM5 5 A -lo A to A -la RM -4 Pa O - \ A -la s 2 A -la 7 LOT 73-A-1 AGRICULTURAL - I ACRE (A-1 ay TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) \- ' 43,660 SQ FT A -lo � R5=7 5 i R 75 A -la R5-7 5 I.a75.29 9 120 73 L- -,HALAT' PD RS -I0 RS -I0 r; i R5+10 R3r10 \R5 -7S-7 5 74 -10RS-7 5 p yG� 100 NA RS -10 'd�JRs=10 RS -7 5 'Is RS -7 5 RS -7 5 RSL7 5 RS -7 5 + RS -J 5,. 000, R5-7 5 yG7 R8=75 �,� R5-7 5 < RS ---''6._ P5-75 PS -7 5 ------------- r-eei 0 150 300 600 900 1,200 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 AGRICULTURAL - ONE ACRE (A -1a) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAII TMK 2-3-37 19 MAP PREPARED BY: COUNTY OF HAWAI`l, PLANNING DEPARTMENT DATE July 30, '2009 EXHIBIT "A" (�r�nn�P iz�i} R REFERENCE ONLY,