HomeMy WebLinkAboutORD 2020-071 2018-2020 -'M- tv os N.
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COUNTY OF HAWAII - = // * = STATE OF HAWAII
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BILL NO. 183
ORDINANCE NO. 2a 71 (DRAFT 2)
AN ORDINANCE AMENDING ORDINANCE NO. 10 19 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL — ONE ACRE (A-la) TO NEIGHBORHOOD COMMERCIAL —
20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAI`I, 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, Hawai`i County Code 1983 [(2005
Edition)] (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. [Prior to the issuance of a water commitment by the Department of Water Supply, the
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applicant shall submit the anticipated maximum daily water usage calculations as
with the "Water Commitment Guidelines Policy"to the Department of Water Supply
within 180 days from the effective date of this ordinance.] 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
required water facilities charges are paid in full.
C. [The applicant shall install a reduced pressure type backflow prevention assembly within
five (5) feet of the water meter on private property, which must be inspected and
approved by the Department of Water Supply.] The applicant, successors, or assigns shall
install and construct necessary water system improvements meeting with the
requirements of the Department of Water Supply prior to the issuance of a Certificate of
Occupancy.
D. Construction of the proposed [improvements] development shall be completed within
[five (5)] 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), Hawai`i 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.
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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 Hawai`i 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.
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.
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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 Hawai`i County Code.
N. Comply with Chapter 11-55, Water Pollution Control, Hawai`i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction activity.
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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
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measures have been taken.] 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 the 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,
Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of the Office of Housing and Community Development
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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
0-1-h9-9-6,-63] $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. [$3,797.26] $4,757.69 per multiple family residential unit ([$5,744 99]
$7,248.17 per single family residential unit) to the County to support park
and recreational improvements and facilities;
2. [S-1-2041] $150.37 per multiple family residential unit ([$279.07] $349.65
per single family residential unit) to the County to support police facilities;
3. [$369.17] $462.54 per multiple family residential unit ([$551.20] $690.61
per single family residential unit) to the County to support fire facilities;
4. [$164.54] $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
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5. [$3,247.12] $4,068.41 per multiple family residential unit ([$5,140.06]
$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.
T. [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, 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).
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] 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 Director may 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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAW I`I
Kona , Hawai`i
Date of Introduction: September 2, 2020
Date of 1st Reading: September 2, 2020
Date of 2nd Reading: September 16, 2020
Effective Date: September 29, 2020
REFERENCE Comm. 1024.2
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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
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK 2-3-37 19 DATE July 30,2g
(Brian T Sugai
EXHIBIT"A” Map 12i1)
OFFICE OF THE COUNTY CLERK COUNTY OF HA WA i
County of Hawai`i
Kona, Hawai`i °7 :::,y,5' ti : 4
(Draft 2)
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: September 2, 2020 AYES NOES ABS EX
First Reading: September 2 , 2020 Chung X
Published: September 11, 2020 David X
Eoff X
REMARKS.' Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
Second Reading: September 16, 2020 9 0 0 0
To Mayor: September 24, 2020
Returned: September 30, 2020 ROLL CALL VOTE
Effective: September 29, 2020 AYES NOES ABS EX
Published: October 16, 2020
Chung X
REMARKS: David X
Eoff X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Lee Loy X
Poindexter X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
dir
COUNCIL CHAIRPE=.. ON
6provea)Disapproved this day c ---,Ail"
of ST1 9 , 20 10 . CII , ' ERK
iQ:
183 (Draft 2)
Bill No.:
MA OR, COU HAWAII C-1024 . 2/PC-53
Reference:
Ord No.: 20 71