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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. i99
ORDINANCE NO. _
AN ORDINANC[? AMENDLNG SECTION 25-8-33 (CPCY OF HILO ZONE. MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWA[`I COUNTY CODE 1983
(2005 EDITION), BY CHANGING 'CHE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-la) TO NEIGHBORHOOD COMMERCLAL (CN-20) AT
PONAHAWAI. SOUTH HILO, HAWAII, COVERF,D BY TAX MAP KEY 2-3-36:18.
BE IT ORDAINED BY THh: COUNCII. 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:
fhe district classification of the following area situated at Ponahawai, South Hilo.
Hawaii, shall be Neighborhood Commercial (CN-20):
Beginning at the northeast corner of this parcel and along the southeasterly side of
Ponahawai Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAP', being 186.37 feet North and 1,972.96 feet East.
thence running by azimuths measured clockwise from true South:
l . 325° 53' 500.87 feet along the remainder of Grant 252 to B.
Pitman;
2. 52` 30' 682.18 feet along the remainder of Grant 252 to B.
Pitman (remainder of Lot 2);
3. 142` 30' 500.00 feet along same
4. 233` 30' 71 1 J4 feet along Ponahawai Street to the point of
beginning and containing an area of 8.000
Acres.
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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, t lawai' i 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 successors or assigns shall be responsible for complying with all oi~
the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy° to the Department of
Water Supply within 90 days from the effective date ofthis ordinance.
C In accordance with the Department of Water Supply's 2002 Water System
Stanclaref ,the existing 8-inch waterline in Ponahawai Street shall he upgraded to
obtain the 2,000-gallons per minute fire-flow requirement for the proposed uses.
D. Construction of the proposed improvements shall be completed within five (5)
years from the effective date of this ordinance This time period shall include
securing Final Plan Approval from the Planning Director in accordance with the
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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).
E. The applicant shall provide full improvements to the project's frontage along
Ponahawai Street consisting oG but not limited to, pavement widening with
concrete curh, gutter ,.tnd sidewalk, drainage improvements, and airy required
utility relocation, meeting with the approval of the Department of Public Works.
H'. 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) oPthe Ilawai`i County Code. A dedicated left turn lane into the property
frum Ponahawai Street shall be provided prior to the issuance of an occupancy
permit.
G. The access road(s) within the project site shall he constructed to dedicabee
standards with concrete curb, gutters, and sidewalks within a minimum 60-toot
right-oGway.
1 Install street lights and traffic control devices as required by the Traffic Division,
Department of Public Works.
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
the recommended drainage system shall be constructed, meeting the approval of
the Department of Public Works.
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J. 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. All earthwork activity shall conform to Chapter ]0, Erosion and Sedimentation
Control, of the Hawaii County Code.
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-SI IPD when it finds that sufficient mitigation measures have becn
taken.
M. Should the Cuwicil adopt an 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. 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, 1 [awai`i (bunty Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community I )cvelopment prior to final plan approval or final subdivision
approval fix any new residential structures.
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O. If the applicant successors, or assigns develop residential units on the subject
property, the applicant shall make its fair share contribution to mitigate the
potential regional impacts of the property with respect to parks and recreation,
tire, police. solid waste disposal facilities and roads. 'l~he 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
an}' combination thereof shall be determined by the County Council. 'I~he fair
share contribution ma,y be adjusted annually beginning three years after the
effective date of this ardinance, based on the percentage change in the Honolulu
Consumer Price Index (HCP[). The fair share contribution shall have a maximum
combined value of$6,411.25 per multiple lamily residential unit ($9,991.20 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:
1. $3,162.49 per multiple family residential writ ($4,817.93 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $99.95 per multiple family residential unit ($232.42 per single family
residential unit) to the County to support police facilities;
3. $307.46 per multiple family residential unit ($459.06 per single family
residential unit) to the County to support fire facilities;
4. $137.04 per multiple family residential unit ($200.98 per single family
residential unit) to the County to support solid waste facilities; and
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5. $2,704.31 per multiple family residential unit ($4,280.82 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 conlributc 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 revieN and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
P. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
Q. 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.
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R. An initial extension of time for the performance oCconditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
i . 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 Toning Codc.
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
originall}~ granted for performance (i.c., a condition to be performed within
one year may be extended for up to one additional year).
5. Ifthe applicant 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 Planning Director may initiate rezoning of the subject area to its original or
more appropriate designation.
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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
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COUNCIL ME r,R, COUNTY OF I~. V~'AI`I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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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
FRO~A AGRICULTURAL (A-1 a)
TO NEIGHBORHOOD COMMERCIAL (CN-20)
AT PONAHAWAI, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK. 2-3-036-Por 018 Uate September 27 200
EXHIBIT "A" ~Matsuno Enterprises ud 11781