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HomeMy WebLinkAboutORD 2007-137 2006-2008 ,~A~Y 01 O .H COUNTY OF HAWAII STATE OF HAWAII •••rr~pi'i?'/ 07 13'~ILL NO. 138 ORDINANCE NO. (DRAFP 2) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HII,O 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 NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-037:009. 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 Neighborhood Commercial (CN-20): Beginning at a point at the north corner of this parcel of land being also the northwest corner of Lot 3 and on the southeasterly side of Ponahawai Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 708.02 feet South and 807.37 feet East and running by azimuths measured clockwise from true South: Thence along Lot 3, along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 1. 277° 30' 28.28 feet; 2. 322° 30' 425.00 feet along Lot 3; 3. 52° 30' 100.00 feet along Lot 3; 4. 142° 30' 445.00 feet along Lot 4 to a point at the southeasterly side ofPonahawai Street; 5. 232° 30' 80.00 feet to along the Southeasterly side of Ponahawai Street to the point of beginning and containing an area of 1.020 acres, more or less. 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 Department of Water Supply within 180 days from the effective date of this ordinance. C. The applicant shall construct water system improvements meeting with the requirements of the Department of Water Supply, prior to the issuance of a Certificate of Occupancy. 2 D. Construction of the proposed improvements shall be completed within five (5) yeazs 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. 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. Notwithstanding Section 25-4-51(a)(3), the project shall provide a minimum of one parking space for each two hundred square feet of gross floor area, or the requirements of Section 25-4-51, whichever is greater. The minimum off-street parking spaces for this project shall initially be 12 spaces. F. The applicant shall provide full improvements to the project's frontage along Ponahawai Street consisting of, brut 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. Access from Ponahawai Street shall be from the private easement ("RU-7") located adjacent to and east of the: property. A minimum 20-foot wide pavement shall be constructed within the private easement from Ponahawai Street to the project's driveway entrance. H. Install street lights and traffic control devices as may be required by the Traffic Division, Department of Public Works, prior to the issuance of a Certificate of Occupancy. I. The applicant shall install a septic system meeting with the requirements of the Department of Health, prior to receipt of a Certificate of Occupancy. 3 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 prepazed and the recommended drainage systerr~ shall be constructed, meeting the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. 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. L. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Cade. M. Should any remains of historic sites, such as rock walls, terraces, platforms, mazine 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. N. To ensure that the Goals and Policies of the Housing Element of the General Plan aze 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 or final subdivision approval for any new residential structures. 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, fire, police, solid waste disposal facilities and roads. The fair share contribution 4 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 shaze contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe 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 shaze contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. $3,281.93 per multiple farnily 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 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 applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, 5 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. P. 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 t}~e requirements of the Unified Impact Fees Ordinance. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 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 t}~e result of conditions that could not have been foreseen or are beyond thc; 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 Zoning 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 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). 6 5. If the 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. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts ofthis ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMB COUNTY OF HAW I Kona ,Hawaii Date of Introduction: September 6, 2007 Date oflstReading: September 6, 2007 Date of 2nd Reading: September 19, 2007 Effective Date: October 10, 2007 F.[FER~NCE: Comm: 564.2_ 7 RS-7.5 - - - ) - ~ ~ S-T.5 ~ Z A-fa ~ S-~ RM-4 i ~ A-fa AGRICULTU (A•1a)TO NEIGH80RHOOD CO ERCIAL C -20 _ I 3 1.020 ACRE RM-a OPEN - - c J - F R7i-7.5 - ~ A e A-fa m RS-7.5 ~ - _ - 708.02 S ' 807.37E _ - _ ~ RS- 5 -T - "HALAI"@, -----~I - A-fa I EN - - I_.____ I I ~ A-fa ~ ~ I RS-7.5 C -10 CN-10 \ - - RS-T.5 - ~S-T o ~ ~ RS-7.5 _ _ Z CN-10 1 ~ CN-10 ___.,JI _ - J § U I _ A-1a i HUALI PL KOMOHANA ST PROJECT AY ~ / , DISTRICT ~ A-ta RS 7.5 RS-j:~ PROJECT ~ 1~ R -10 DISTRICT OHUKEA ST 1 \ i o c ~ y PROJECT ~ DISTRICT ~ ~0 SRS-10 480 240 0 480 960 1 440 1 920 2 4@ eet 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: 2-3-037:009 Date: March 23, 200 EXHIBIT "A" (Guy Nakao:1200) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii n ; - ~ Introduced By: K. Angel Pilago ROLL CALL VOTE Date Introduced: September 6, 2007 AYES NOES ABS EX First Reading: September 6, 2007 Ford X Published: September 15, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 Second Reading: September 19, 2007 To Mayor: September 27, 2007 ROLL CALL VOTE Re[urned: October 10, 2007 AYES NOES ABS EX Effective: October 10. 2007 Ford X Published: October 18. 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 1 DO HEREBYCERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM D LEG~TY: DEPUT` CORPORATIO UNSEL lti~ COUN~Y OF HAWAII ACT _ 2 2pp~ COUNTYC'LER Date 138 (Draft 2) Bill No.: C-564.2/PC-42 pprove Disapproved this ~bW day Reference: Ord No.: 0~ 137 G rMfFxr ,,~zo~. ~YOR~O ' YOFHAWAI'!