HomeMy WebLinkAboutBIL 228 Draft 01 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HI1.O ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION). BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — ONE ACRE (A -1 a) TO NEIGI I BORHOOD COMMERCIAL — 20,000
SQUARE FEET (CN -20) AT PONAI IAWA1, SOUTH HII.O, IIAWAFI. COVERED BY 'FAX
MAP KEY: 2- 3- 037:006.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Section 25 -8 -33, Article 8, Chapter 25 (Zoning ('ode) 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 lellowmg area situated at Ponahawai, South I lilo,
Hawaii, shall he Neighborhood Commercial - 20,000 square feet (CN -20):
Beginning at the northeast corner of this parcel of land and on the south side of
Ponahawai Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALA!" being 1,101.86 feet South and 157.66 feet East
and running by azimuths measured clockwise from True South:
1. 345' 40' 445 00 feet along Lot 11,
2. 252' 20' 171.53 feet along Lot I I ;
3. 246' 05' 150.10 feet along Lot 10;
4. 333' 10' 220.00 feet along Lot 7;
5. 69" 08' 644.58 feet along Lot 13;
STATE OF HAWAII
BILL NO. 228
6. Thence along the east side ofKomohana Street, along a curve to the right having a
radius of 2960.00 feet, the chord azimuth
and distance being:
163' 26' 25" 229.97 feet:
7. 165' 40' 232 89 feet along the east side of Komohana Street;
8. 190` 30' 69.34 Ibet along the cast side ofKomohana Street:
9. 140" 00' 45.92 feet along the east side of Komohana Street;
10. Thence along the south edge of Flood Zone "A" and all its windings as shown on
approved subdivision plan 7389 and Lot
12 -A, the direct azimuth and distance being:
274' 2 9' 50" 256.99 feet;
11. 165' 40'
12. 255 40'
214.11 feet along Lot 12 -A;
30.00
•
feet along the south side of Ponahawai Street
to the point of beginning and containing an
area of 5.075 acres.
All as sho\\ n on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. ht accordance with Section 25 -2 -44, liawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions arc:
Necessary to prevent circumstances which may be adverse to the public health, safety
and Nt elfarc; or
(1) 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.
1 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 df 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. The applicants shall install a reduced pressure type hackllow prevention assembly within
live (5) feet of the existing water meter and any additional water meters on private
property, which must be inspected and approved by the Department of Water Supply
prior to issuance of a Certificate of Occupancy.
D The applicants shall relocate and adjust the Department of Water Supply's w ater system
facilities that are affected by construction of improvements within the Ponahawai Street
right -of -way fronting the subject property that are required by this penult.
P. Construction of the proposed improvements shall he completed within five (5) years from
the effective date of this ordinance. This tune period shall Include securing Final Plan
Approval from the Planning Director in accordance with Section 25 -2 -70, Chapter 25
(Zoning Code). Hawaii County Code
I Development of the property shall he designed and constructed in a way to minimize
obstruction of the scenic views of Hilo Ray from Komohana Street.
G. Prior to issuance of Final Plan Approval, die applicants shall grant a minimum 30 -foot
wide access easement on the subject property, in favor of the adjacent landowner(s)
(TMK: 2- 3- 37:14). in order to connect the access at Ponahawai Street on TMK 2 -3 -37:14
to the access at Ponahawai Street on the subject property for the purpose of providing
internal traffic circulation between the two properties.
Access at Komohana Street shall he through road and utility easement "RU -9 "and shall
be limited to right -turn iii and nght -turn out movements only. This access shall he shared
with the adjacent parcel (TMK: 2 -3- 37:22). Prior to the issuance of a Certificate of
Occupancy, the applicants shall install no left -turn" sign(s) and a physical barrier at the
property access to prevent left-turns into and out of the access driveway. All
improvements shall meet with the approval of the Department of Public Works.
1. Access connections to Ponahawai Street and Komohana Street shall conform to
Chapter 22 (County Streets) of the Hawaii County Code.
Prior to the issuance of a Certificate of Occupancy, the applicants shall provide full
improvements to the property's frontage along Komohana Street consisting of, but not
limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, anti any required utility relocation, meeting with the approval of the
Department of Public Works.
K. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall he installed by the applicants at no cost to the County.
Should the applicants submit plans to develop a land use beyond what is proposed in the
application. which the Planning Department in consultation with the Department of
Public Works determines will generate over 50 peak hour trips, a'l'raflic Impact Analysis
Report (TZAR) shall he submitted for review and approval by the Department of Public
Works prior to Final Plan Approval. The applicants shall implement when required by
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the Department of Public Works, at no cost to the County, any transportation
improvements deemed necessary by the Department of Public Works.
\l. Any construction within the designated FEMA flood zone shall comply with the
requirements of Chapter 27, Floodplain Management, of the Hawaii County Code.
N. All development- generated runoff shall he disposed of on -site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared and submitted to the
Department of Public Works prior to the issuance of Final Plan Approval. Any drainage
improvements, if required, shall he constructed meeting with the approval of the
Department of Public Works prior to the issuance of a Certificate of Occupancy.
0. During construction, measures shall be taken to minimize the potential of both fugitive
dust and runoff sedimentation. Such measures shall he in compliance with construction
industry standards and practices utilized during construction projects of the State of
Hawaii.
P. All earthwork activity, including grading and grubbing, shall conform to Chapter 10.
Erosion and Sedimentation Control, of the Hawaii County Code.
Q. Comply w ith Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction activity.
It. Construction activities must comply with the provisions of Hawaii Administratee Rules,
Chapter 11-46, "Community Noise Control."
S. The applicants shall install a septic system(s) meeting with the requirements of the
Department of i- lealth prior to the issuance of a Certificate of Occupancy. In the future,
should a public sewer system be installed in Ponahawat Street or Komohana Street
fronting the subject property, the applicants shall connect to the sewer system.
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A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to Final Plan Approval.
L Should any remains of histonc 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 been taken.
V. To ensure that the Goals and Policies of the I-lousing Element of the General Plan are
implemented, the applicants shall comply with the requirements of Chapter 11, Article I,
Hawaii County Code relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of the Office of 1- lousing and Community Development
prior to final plan approval or final subdivision approval for any new residential
structures.
W. If the applicants, successors, or assigns develops residential units on the subject property,
the applicants shall make their 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 he
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 (I -LCPI) The fair share contribution shall have a
combined value of $7,698.11 per multiple family residential unit (511,996.63 per single
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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. $3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $120.01 per multiple family residential unit ($279.07 per single family residential
unit) to the County to support police facilities;
3. $369.17 per multiple family residential unit (S551.20 per single family residential
unit) to the County to support fire facilities;
4. S164.54 per multiple family residential unit ($241.32 per single family residential
unit) to the County to support solid waste facilities; and
5. $3,247.12 per multiple family residential unit ($5,140.06 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paving 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
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X. Should the Council adopt a 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.
1'. The applicants shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Z. An initial extension of time for the performance of conditions within the ordinance may
he 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.
?. Granting of the time extension would not he contrary to the General Plan or
3.
7_onma Code.
Granting of the time extension would not he contrary to the original reasons for
the granting of the change of zone.
4. The time extension granted shall he for a period not to exceed the period
originally granted for performance (i.e., a condition to he performed within one
year may be extended for up to one additional year).
5. lithe applicants should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for appropriate
action.
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A \
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.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date
REFERENCE Comm. 755
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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EXHIBIT "A"
Gillle & Jane Silva
Map 1284
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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 FROM
AGRICULTURAL - ONE ACRE (A -1a) TO
NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20)
AT PONAHAWAI, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE December22 2009
TMK 2 -3 -037 006
EXHIBIT "A"
Gillle & Jane Silva
Map 1284