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Home My WebLink AboutORD 2006-028 2004-2006 ~ii,Oe 1'ug COUNTY OF HAWAII STATE OF HAWAII ...lt O~~M~~' O6 28 BILL NO. i99 ORDINANCE NO. AN ORDINANCE, 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-la) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PONAHAWAI, SOUTH HILO, IIAWAI`I, COVERED BY TAX MAP KEY ?-3-36:18. B8 IT ORDAINFsD BY THE COUNCIL, OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Coning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafrer as follows: the district classification of the following area situated at Ponahawai, South Hilo, Hawai"i, 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 "HALAL", being 186.37 feet North and 1,972.96 feet East, thence running by azimuths measured clockwise from true South: 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. 232° 30' 71 1.74 feet along Ponahawai Strect to the point of beginning and containing an area of 8.000 Acres. -1- 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, Hawaii 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 of 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 Departmcnt of Water Supply within 90 days from the effective date of this ordinance. C In accordance with the Department of Water Supply's 2002 Water System Stantfards, the existing 8-inch waterline in Ponahawai Street shall be 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 -2- 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 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. 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 shall be provided prior to the issuance ol~an occupancy permit. G. 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. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. I. 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. -3- 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 10, 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-SHPD when it finds that sufficient mitigation measures have been taken. M. Should the Council 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. fo 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. "phis requirement steal I 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. -4- O. [f 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. 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 numher 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 $6,41].25 per multiple family residential unit ($9,991.20 per single family residential unit). "Che 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 he allocated as follow,: 1. $3,162.49 per multiple family residential unit ($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 -5- 5. $2,704.31 per multiple family residential unit ($4,280.82 per single family residential unit) to the County to support road and traffie improvements. [n 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 developrent, subject to the review and recoimnendatlon 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 shat I 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 Yurther reports are not required. -6- R. 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 Toning 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 e~YCeed 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). 5. If the applicant should require an additional extension oftime, 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. -7- SECTION 3. In the event that airy 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 , COUNCIL ME ER, COUNTY OF WAI`I Hilo ,Hawaii Date oflntroduction: February 1, 2006 Date oflstReading: February 1, 2006 Date of 2nd Reading: February 15, 2006 Effective Date: February 24, 2006 ~.crtREPdC~: Comm: ci6_ -g- RS-T~,S. ~ 'R,S~7 ~ ~ RM-1 z R$-7.5 ti~ 'Halli~ 5t 'RM 1' 'RM-11 o CN-20 d~ ~ r RM-1 v ~I RS ~ AID Muku'Sti ~ - C-- ' y ~ ~i ' ~ ~ m RS-T,5 RM1 PROJECT.OPEN 'gym ~ °--l CM-20 Y I m RS-7.5 o1srRlcr a Rs a H°m RS-7.5 R~-7:5 OPEN RS-7.5 kPA-i z 0 A-fa RS-7.5 :DH CN-20 A fa p away St f , s.1 RS-Z5 ~ ~ d? ~ ~ 186.37 N ~ ~ 1,'872.96 E'. I y A4a ~ ~ ~ "f~ALAI" o ii ~ AUa I ti U ~ ~ t p ~ ' ~AGRICU LYAyRA~(A-1aJ TO RS'7.5 a ~ NEICN 0~ ~iH00D,G0 MERCIAL ICN-20)/ ~ RS-7.5 8.000 A~RES A-fa RS-7.5 RS-7.5 RM-1 RM- RS:75 A-la A4a .3 rya ~ r~ RS-7.5 ~ u tnia Lane V•°K RM-i ~a RSi7.5 I m ~ RS-7.5 m. m ~ ' II ~ RS~7.5 I m ~ RS+7.~5 ~ i RM-1 RS-L5 ~ ' m m 'D RM-4 ni~uklia I o ~ RM-1 i~ \a~5~ N ~ RS-7.5 t\d ~i , RS-E.5 RM-4i ~ ~ II ~ S~ ap(P~ t ,P K hiµ.~'A J~uk°a H ~ N' hi St '._~0 `r ~ ~ RM-4 ' RS•7.5 RSd.5 ' ~ RS-T,5 iti .RS~7.5 ~ R1~-4 RM-4 IBS-~.5 650 325 0 DSO 1,300 1550 LhOC `F. 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 (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 Da[e. September 1Z 200 EXHIBIT "A" (Matsuno emerp.~ses I i~ ~ i 7a~ OFFICE OF THE COUNTY CLERK County of Hawaii xilo, Hawaii Introduced By: K. Angel Pilago ROLL CALL VOTF, Datelntroduced: February 1, 2006 AYES NOES ABS EX First Reading: February 1, 2006 Arakaki X Published: February 12, 2006 Higa X Hoffmann X R6MARK.S. Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 i Second Reading: February 15, 2006 To Mayor: February 17, 2006 ROLL CALL VOTE Returned: February 24, 2006 AYES NOES ABS EX Effective: February 24, 2006 Arakaki X Published: March 4, 2006 Higa X Hoffmann X REMARKS: Holschuh X ~ Ikeda X Isbell X _ Jacobson X _ Pilago X - Safarik X - -I 8 0 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FOR(yl AND LEGALITY: C~ COUNC/L CHAIRhIAN DEPUT, ORPORA ION C UNSEL /~G~~ ~ COUNTY OF HAWAII FEB `Z ZOOB COUNTY L'LERK Date 199 Bill No.: C-616/PC-52 ppi~oveli/Dlsapproved this 2U- dQy Reference: pp Ord No.: 2~7 ~--t~v~ Y R, C TYOH'HAWAL`I