HomeMy WebLinkAboutBIL 016 Draft 01 2024-2026STATE OF HAWAII
BILL NO. 16
AN ORDINANCE AMENDING ORDINANCE NO. 06 28, WHICH AMENDED SECTION
25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED) BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -la) TO NEIGHBORHOOD
COMMERCIAL (CN-20) AT PONOHAWAI, SOUTH HILO, HAWAI`I, COVERED BY TAX
MAP KEY: 2-3-036:018 (POR).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 2 of Ordinance No. 06 28 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 2( 016
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, successors or assigns ("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
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B. [
the applieant shall submit the afttieipated maximum daily water- usage ealeulatiens
aeeer-danee with the "Water- Commitment Guidelines Poliey" to the DepaAffiefit of
\717.,tef C.,..++ly within 90 days f f the efffeetiye date of this or -din neelThe
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.
uses.obtain the 2,000 gallons pef minute fife flow requifement for- the proposed ]
The Applicant shall construct, or cause to be constructed, necessary watersystem
improvements meeting with the approval of the Department of Water Supply.
D. Construction of the proposed improvements shall be completed within [€rye
{ -}]ten 10 years from the effective date of this amended ordinance. The time
during which required plans, reports, studies, or relevant permit applications are
under review for approvals by government agencies shall not count towards the
deadline established in the ordinance. To1ustify this tolling the applicant shall
provide evidence of the excluded time period to the planning department for its
review and approval, which shall consist of dates obtained from a government
agency website, permitting program, or office indicating when the required plans,
resorts, studies, or permit applications were submitted, approved, denied, or
returned by the government agency. Any request for tolling shall be verified and
approved in writing by thdirector prior to the deadline established by the
ordinance. The director shall notify the council of any approval of a request for
tolling within thirty days of such approval. If any conditions have not been
completed by the deadline, or if a time extension request has not been submitted
in accordance with section 25-2-44(c), the planning department shall inform the
applicant that the ordinance is null and void without further action by the County.
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In that event. the zoning desii2nation of the nronertv(s) affected by the ordinance
shall automatically revert to its immediate prior zoning designation. [Thi
peried shall inelude seoufing Final Plan Appfeval ffem the Planning Difeet
aeeafdaflee with the Zoning Gode. Plans shall identif�, pfoposed stfuetur-e(s), fife
shall be indieated on the plans fef the pur-pese ef mitigating any potential advefse
noise or- visual impaets to adjoining pafeels. Landseaping shall be pfevided in
aeeefdanee with the r-equir-ements of Planning Depat4ment's Rule No. 17
E. The time period specified in Condition D shall include securinEi Final Plan
Approval from the Planning Director in accordance with the Zoning Code. Plans
shall identify proposed structure(s), fire protection measures, access roadway,_
driveway and parking stalls. 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).
[l-]F. The [a]Applicant shall provide full improvements to the project's frontage along
Ponahawai 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.
[F—]G. Access to the property shall be limited to a single location along Ponahawai
Street. The access connection to Ponahawai Street shall conform to Chapter 22
(Streets) of the Hawaii County Code. A dedicated left turn lane into the property
from Ponahawai Street, and any other access improvements required by the
Department of Public Works, shall be provided prior to the issuance of an.
occupancy permit.
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[6-.]H. The access road(s) within the project site shall be constructed to dedicable
standards with concrete curb, gutters, and sidewalks within a minimum 60-foot
right-of-way.
[H-. ]1. Install street lights and traffic control devices as required by the Traffic Division,
Department of Public Works.
[l=]J. 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
the recommended drainage system shall be constructed, meeting the approval of
the Department of Public Works.
A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
[K—.]L. All earthwork activity including grading, grubbing, and stockpiling shall conform
to Chapter 10, Erosion and Sedimentation Control, of the []Hawai`i
County Code.
M. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
[l=]N. In the 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, the Applicant shall
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-
765L[ ,
H
mar-ine she!! eeneentfations or- human bufials be eneounter-ed, work in
State Ristode Pfesen,ation Division (DLNR S14PD) 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-. ]O. Should the Council adopt a[n} 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.
[N7]P. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the [a]Applicant shall comply with the requirements of Chapter
11, Article 1, [Ne]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 prior to final plan approval or final
subdivision approval for any new residential structures.
[O-.]Q If the [ ] Applicant develops residential
units on the subject property, the [a]Applicant shall make its 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
N
contribution shall have a maximum combined value of [$6,11.25]$11,018.76 per
multiple family residential unit ([$9,991.20 $17,171.48 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 units) shall be allocated as follows:
[$3,'��49]$5,435.24 per multiple family residential unit
([$ ,4�3]$8,280.39 per single family residential unit) to the
County to support park and recreational improvements and
facilities;
2. [$99-.9-5]$171.78 per multiple family residential unit
([$232.421$399.45 per single family residential unit) to the County
to support police facilities;
[$347 46]$528.42 per multiple family residential unit
([$459.461$788.96 per single family residential unit) to the County
to support fire facilities;
[$4J-7.-84]$235.52 per multiple family residential unit
([$200.98]$345.41 per single family residential unit) to the County
to support solid waste facilities; and
[$2,''°31]$4,647.80 per multiple family residential unit
([$4,280.82]$7,357.27 per single family residential unit) to the
County to support road and traffic improvements.
In lieu of paying the fair share contribution, the [a]Applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
W
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 pursuant to Section 2-162.1(a) of Hawaii County Code.
[g]R. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
[Q.]S. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
[R-.]T. An initial extension of time for the performance of conditions within this
amended ordinance ma,, b�quested in accordance with Section 25-2-44,
subsections (c) and (d), of the Hawaii County Code.[An initial o�te sio of 6
for- the per-fefmanee of eenElitionswithin the ar-Elina-nee ma�, be granted by the
and that , t the result e ftheiy F „lt o gligenee
2. Gfanting the time be
, sueeessefs,
to the General Plan
E)f e�4easien would not
or- Zoning Gode.
eentfafy
f - the g nt;ng of the ..Lange of zene
4. The time be fer-
to the
e*tensien granted shall a period
to
fiet &Eeeed Pe
d do to be f �
erig��g�an� c-��-co������`r-.��
e (i
U. If the Applicant fails to fulfill any conditions of the zone change within the
specified time limitations, the Planning Director or County Council may initiate
the process for enactment of an ordinance reverting the affected property back to
its original zoning designation or a more appropriate zoning designation in
accordance with Section 25-2-43 of the Hawaii Count"
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.
-8-
SECTION 4. This ordinance shall take effect upon its approval.
. Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm 76
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l!"I'lli'll 11111'11i�i�l_ iiiiil 1 1:4 ki awl. ' '1116,
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 (A-1 a)
TO NEIGHBORHOOD COMMERCIAL (CN-20)
AT PONAHAWAI, SOUTH HILO, HAWAII
PREPARED BY-, PLANNING DEPARTMENT
COUNTY OF HAWAII
2-3-036-Por 018
Date: September w7,
EXHIBIT "A" (Matsuno Enterp,ises Ltd. 1 176)
FOR REFERENCE ONLY