HomeMy WebLinkAboutBIL 016 Draft 02 2024-2026COUNTY OF HAWAI`I
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STATE OF HAWAI`I
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 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, 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 antieipated maximum daily water- usage ealettlations,
aeeefdanee with the "Watef Caffffnitment Guidelines Pokey" to the Depaftment of
Water- Supply within nn days f r, the e ffeetiye d e of this ,,,.,lira nee]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. [ '
obtain the 2,000 gall-... . .. ...... . te life flow r-equifefnefit for- the pfoposed •]
The Applicant shall construct, or cause to be constructed, necessary water system
improvements meeting with the approval of the Department of Water Supply.
D. Construction of the proposed improvements shall be completed within [five (5)]
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. To justify 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, reports,
studies, or permit applications were submitted, approved, denied, or returned by
the government agency. [This fit e period shall ; ludo s g Final pl r
Approval ffafn the Planning Difeetaf in aeeafdanee with the Zoning Code. Plans
dfiveway and pafking stalls. Landseaping shall be indiea4ed on the plans for- the
pur-pase of mitigating any potei-Aial advefse noise -. ...-al impaets to adjoining
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E. The time beriod specified in Condition D shall include securing 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 M 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).
[£:]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.
IF` ]G [Aeeess to the pfopefty shall be limited to a single leeation along Panaha
Street. T ] All access [ ] connections) to Ponahawai Street shall meet
with the approval of the Department of Public Works and 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 [prig,. t the , ss,,. ee f a
aeeupaney-peffnit-.] within five (5) years from the effective date of this ordinance.
[G-. ]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-. ]I. 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.
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[]K. 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.
All earthwork activity including grading, grubbing, and stockpiling shall conform
to Chapter 10, Erosion and Sedimentation Control, of the [aii]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-
7651.[ ,
immediate afea shall eease and the Depaj4mefA of Land and Natural Resoufees
State Hister-ie Pr-esen,a ion Division (DLNR S14PD) shall be immediately
nati€ied.] 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.
N
[]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, [1ii]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.
[�]Q If the [ apple,,., stieeessofs, of assigns dotel"] 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
contribution shall have a maximum combined value of [$6,^�1.25]$11,018.76 per
multiple family residential unit ([$9,°�1.20]$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;
N
2. [$99.95]$171.78 per multiple family residential unit
([$23]$399.45 per single family residential unit) to the County
to support police facilities;
[$307.46]$528.42 per multiple family residential unit
([$459.06]$788.96 per single family residential unit) to the County
to support fire facilities;
4. [$137.84]$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
5. [$2,'�=]$4,647.80 per multiple family residential unit
([$ ,2280.82]$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,
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 ode.
The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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.
M
[R-.I L An initial extension of time for the Performance of conditions within this
amended ordinance may be requested in accordance with Section 25-2-44,
subsections (c) and d), of the Hawaii Count� Code. [An initial extension f tifor- the per-fafmanee of eanditions within the ef!dinaflee may be granted by the
f6feseeft beyond
the the
or- afe
a that . of the
2 l'_f ting f the time
eofAfoi of
result of their- fault o
,,,
gl genes
be
>
t,.afy to the Go,-,ef l
>
Dl ,
of Zoning Code.
3. Gfai4ing the fifne
extefisi would not
e
be
to the
of
feasons f6f the g.
extension would fiat
,Aing of the eb,ange of'zone.
eofitfafy
afiginal
.,
be faf to
within one yeaf may
S. if the
extended tip
ane
additional yeaf)-.
fifne,
applieant should
Planning Dir-eeter-
fequife an additional
the
extension
of
to the County
Couneil fee .
the
shall submit
.,to aetion.
be
s fequest
in
timely
a" of eonditions
not met of substantially
eamplied with a
designation.Should
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U. If the Abblicant fails to fulfill anv conditions of the zone chani2e within the
specified time limitations, the Planning Director or County Council ma_y initiate
the process for enactment of an ordinance reverting the affected property back to
its on)zinal zoning designation or a more appropriate zoning designation in
accordance with Section 25-2-43 of the Hawaii County Code.
V. 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) of the
Hawaii County Code, the Planning Department shall inform the applicant that
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this ordinance is null and void without further action by the County. In that event,
the zoning designation of the property affected by this ordinance shall
automatically revert to its immediate prior zoning �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:
COUNCIL MEMBER, COUNTY OF HAWAPI
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Am A 1:4 OL I
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
I
Date'. 6uplumberL71. 20CII
EXHIBIT "A" (Matsuno Enterp,ises Ltd. 1 17-1)
FOR REFERENCE ONLY