HomeMy WebLinkAboutCOM 0457.002 2006-2008 .r or Phone: (808) 326-5421
BRENDA J FORD l Fax: (808) 329- 4786
Council Member E-Mail: bfotd@co.hawaii.hi.us
District 7 - Cenval Kona
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HAWAII COUNTY COUNCIL ~ECelvru
County of Hawai `i n1me-- 3'•~ :~.lEy-_~^
Kailua Trade Cenrer lbte._.-......b.~~
75-5706 Hanama Place, Suite /09 =~nY '"-~nctl
Kailua-Kona, Hawaii 96740
DATE: June 22, 2007
TO: Pete Hoffmann, Council Chair
and Members of the Hawaii County Council
FROM: Brenda Ford, Council Member ,~_p
RE: Proposed Amendment to Bill 111 ~
Attached is a proposed amendment to Bill 111, which is entitled:
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 1-ACRE (A-1 a) TO MULTIPLE FAMILY RESIDENTIAL - 4,000
SQUARE FEET (RM-4) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY
TAX MAP KEY 2-3-037:017.
This proposed amendment adds a new condition "H" under SECTION 2, which sets forth a new
required minimum number of off-street parking spaces. The new condition "H" would read as
follows:
H. Notwithstandin¢ Section 25-4-51(a)(5). the proiect shall arovide a minimum
of two narking spaces for each dwelling unit alas one guest parking space for
each two dwelling units or the requirements of Section 25-4-51, whichever is
nreater The minimum off-street parking spaces for this aroiect shall
initially be 20 spaces.
All subsequent conditions are re-lettered and ramseyered to indicate the proposed addition of this
new condition "H". Proposed condition "H" is bolded for illustrative purposes only. All other
bolding (fair share contribution rates) was implemented in the original draft.
I respectfully request that you place this matter on the agenda for the Council Committee
meeting on July 9, 2007. ~S 7• Z
Comm. No.~
Ref. Toe
Ref. dme .luN 29 ~nm
_ _ .
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 1-ACRE (A-la) TO MULTIPLE FAMILY RESIDENTIAL - 4,000
SQUARE FEET (RM-4) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY 2-3-037:017.
BE IT ORDAINED BY THE COUNCIL 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:
The district classification of the following area situated at Ponahawai, South Hilo,
Hawaii, shall be Multiple Family Residential-4,000 square feet (RM-4):
Beginning at a point at the northwest corner of this parcel of land being also the
northeast corner of Lot 11 and on the southeasterly side of Ponahawai Street the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "HALM" being 1,065.52 feet south and 271.79 feet east and running by azimuths
measured clockwise from true South:
Thence along the southeasterly side
of Ponahawai Street along a curve to
the left having a radius of 1,030.00
feet, the chord azimuth and distance
being:
1. 246° OS' 104.82 feet;
2. 333° 10' 445.00 feet along Lot 9;
3. 66° OS' 150.11 feet along Lot 12;
4. 159° 00' 445.00 feet along Lot 11 to the point of
beginning and containing an area of
1.298 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
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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(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 applicants 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 180 days from the effective date of this
ordinance.
C. In accordance with the Department of Water Supply's Standards, the applicant
shall connect to the existing 6-inch or 8-inch waterline within Ponahawai Street.
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
Zoning Code. Plans shall identify proposed structure(s), fire protection measures,
access roadway, driveway and parking stalls. Plans shall also identify the
drainage easement ("D-4"), as well as the portion of the property designated Flood
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Zone "A" by the Flood Insurance Rate Map (0880C September 16, 1988).
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. No structural improvements shall be allowed within the designated drainage
easement ("D-2") and areas designated Flood Zone "A" on the Flood Insurance
Rate Map (FIRM).
F. 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.
G. No direct access to the property shall be allowed from Ponahawai Street except
that access shall be limited through the Road and Utility Easement (RU-5) and
shall conform to Chapter 22, County Streets, of the Hawaii County Code. This
access point shall be shared with the adjoining parcel (TMK: 2-3-37: 18).
H. Notwithstanding Section 25-4-51(a)(5), the project shall provide a minimum
of two narking spaces for each dwelling unit alas one guest narking space for
each two dwelling units, or the requirements of Section 25-4-51, whichever is
greater. The minimum off-street parking spaces for this project shall
initially be 20 spaces.
I. Install street lights and traffic control devices as required by the Traffic Division,
Department of Public Works.
J. The applicant shall install a septic system meeting with the requirements of the
Department of Health, prior to receipt of a Certificate of Occupancy.
K. 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, prior to receipt of a Certificate of Occupancy.
L. 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.
M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawaii County Code.
N. 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-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigation measures have been taken.
O. 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, Hawaii 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 for any new residential
structures, or before issuance of building permits for any single-family residential
structures.
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P. The 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 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
$6,653.40 per multiple family residential unit ($10,368.57 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. $3,281.93 per multiple family residential unit ($4,999.91 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $103.73 per multiple family residential unit ($241.20 per single family
residential unit) to the County to support police facilities;
3. $319.07 per multiple family residential unit ($476.39 per single family
residential unit) to the County to support fire facilities;
4. $142.21 per multiple family residential unit ($208.57 per single family
residential unit) to the County to support solid waste facilities; and
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5. $2,806.46 per multiple family residential unit ($4,442.50 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicants 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.
Q 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.
R. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
S. 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 applicants, 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.
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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).
5. If the applicants should require an additional extension of time, the
Planning Director shall submit the applicants' 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.
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.
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