HomeMy WebLinkAboutBIL 227 Draft 01 2008-2010 .�MiV Os y�
COUNTY OF HAWAII '.'•' `'• ••, STATE OF HAWAII
BILL NO. 227
ORDINANCE NO. •
AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE I IAWAI'I COUNTY CODL? 1983
(2005 EDITION), BY CI LANCING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL ONE ACRE (A -la) TO NEIGI IBORHOOD COMMERCIA1. - 2(1,000
SQUARE FEET (CN -20) AT PONATIAWAI, SOUTH HILO, HAWAII. COVERED BY TAX
MAP KEY: 2- 3- 037:014.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`1:
SECTION 1. Section 25 -8 -33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
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,
I-Iawai'i, shall be Neighborhood Commercial - 20,000 square feet (CN-20):
Beginning at a point at the northeast corner of this parcel of land being also the
northwest comer of Lot 6 and on the southeasterly side of Ponahawai Street the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "HALAL" being 893.70 feet South and 565.39 feet East and pinning by azimuths
measured clockwise from true South:
1. 322` 30' 882.81 feet along Lot 6 to a point m the middle of
Alcnaio Stream; thence alone the middle of
Alenaio Stream along R. P. 5706, 1.. C. Aw.
8521 -B for the next ten (10) courses. the
direct azimuths and distances being:
2. 88' 06' 4+" 2 3.63 feet:
3 49` 22' 28 35.51 feet:
4. 68' 08' 40" 18.79 feet;
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5. 99' 10' 50.20 feet:
6. 62' 05' . 49.86 feet;
7. 74' 04' 49.99 feet;
8. 97" 40' 36.57 feet;
9. 59' 55' 29 50 feet:
10. 84' 14' 52" 65.50 feet;
11. 55' 15' 30" 73.32 feet;
12. 153" 10' 328?9 feet alone Lot 13 and Lot 12;
13. 240' 15' 150.11 feet along Lot 9,
14. 234' 34' 55" 144.38 feet along Lot 8;
15. 142' 30' 425.00 feet along Lot 8, thence along Lot 8, along a
curve to the left having a radius of 2000
• feet, the chord azimuth and distance being:
16. 97' 30' 28.28 feet;
17. 232' 30' 45.00 feet along the southeasterly side of
Ponahawai Street to the point of beginning
and containing an area of 3.258 Acres.
All as shown on the map attached hereto, narked 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:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare. 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
(13) 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.
R 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 The applicants shall install a reduced pressure type backflow prevention assembly within
five (5) feet of the existing water meter and any additional water meters on private
property, which must he inspected and approved by the Department of Water Supply
prior to issuance of a Certificate of Occupancy.
U Prior to the issuance of a Certificate of Occupancy. the applicants shall upgrade the
existing County water system as required by the Department of Water Supply and Fire
Department in order to provide a minimum theoretical fire flow of 2,000 gallons per
minute to the site for fire protection.
P. The applicants shall relocate and adjust the Department of Water Supply's water 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 permit.
I . Constriction of the proposed improvements shall he completed within live (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 Section 25 -2 -70, Chapter 25
(Zoning Code), Hawaii County Code.
Cl. Development of the property shall he designed and constricted in a way to minimize
obstruction ofthe scenic views of Hilo Bay from Komohana Street.
• 11 Prior to issuance of Final Plan Approval, the applicants shall grant a minimum 30 -foot
wide access easement on the subject property. in favor of the adjacent landowner(s)
(TMK: 2- 3- 37:06). in order to connect the access at Ponahawai Street on TMK 2 -3 -37:06
to the access at .Ponahawai Street on the subject property for the purpose of providing
internal traffic circulation between the two properties.
I. Access connection to Ponahawai Street shall conform to Chapter 22 (County Streets) of •
the Hawaii County Code. Should the adjacent property (TMK: 2- 3- 37:13) be rezoned in
the future to allow commercial or multiple-family residential uses, the driveways shall be
consolidated into one access at Ponahawai Street.
Streetlights and traffic control devices. as may be required by the Traffic Division,
Department of Public Works, shall be installed by the applicants at no cost to the County.
1:. 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 detemtines will generate over 50 peak hour trips, a Traffic Impact Analysis
Report (TZAR) shall be submitted for review and approval by the Department of Public
Works pnor to Final Plan Approval The applicants shall implement when required by
the Department of Public Works, at no cost to the County, any transportation
improvements deemed necessary by the Department of Public Works.
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L, Any construction within either of the designated FF.MA flood zones and buffer zone
(within 50 feet of Flood Zone AE) shall comply with the requirements of Chapter 27,
Floodplain Management, of the Hawai`i County Code.
11 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 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.
N. During construction, measures shall be taken to minimize the potential of both fugitive
dust and runoff sedimentation. Such measures shall be in compliance with construction
industry standards and practices utilized during construction projects of the State of
lawai`i.
0. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawai`i County Code.
1' Comply with Chapter 11-55, Water Pollution Control. Hawaii Administrative Rules,
Department of I lealth, which requires a NPDES permit for certain construction activity.
c) Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11 -46, "Community Noise Control."
R. The applicants shall install a septic system(s) meeting with the requirements of the
Department of l lealth prior to the issuance of a Certificate of Occupancy. In the future,
should a public sewer system he installed in Ponahawai Street fronting the subject
property. the applicants shall connect to the sewer system.
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S. A Solid Waste Management Plan shall he submitted to the Department of Environmental
Management for review and approval prior to Final Plan Approval.
1 Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell
concentrations or human burials be encountered. work in the immediate arca 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.
l To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicants shall comply with the requirements of Chapter 11. Article 1,
lawai'i County Codc relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of thc Office of Housing and Community Development
prior to final plan approval or final subdivision approval for any new residential
structures.
V. If the applicants, successors, or assigns develops residential units on the subject property,
the applicant 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 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 thc
Honolulu Consumer Price index MCP!). The fair share contribution shall have a
combined value of $7,698.11 per multiple family residential unit (511,996.63 per single
family residential unit). The total amount shall be determined with the actual number of
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units according to thc 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. 53,797.26 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. 5120.01 per multiple family residential unit (5279.07 per single family residential
unit) to the County to support police facilities;
3. 5369.17 per multiple family residential unit (5551.20 per single family residential
unit) to the County to support fire facilities;
4. $164.54 per multiple family residential unit ($241.32 per single family residential
unit) to thc County to support solid waste facilities; and
�. $3,247.12 per multiple family residential unit (55,140.06 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, tire, 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
W. 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
he credited towards the requirements of the Unified Impact Fees Ordinance.
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X The applicants shall comply with all applicable County. State and Federal laws, rules.
regulations and requirements.
Y. 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.
'_. Granting of the time extension would not be contrary to the General Plan or
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Zoning Code.
3. Granting of the time extension would not he contrary to the original reasons for
the granting of the change of zone.
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4. The time extension granted shall be 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. If the applicants should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Counci for appropriate
action.
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Z. Should any of the conditions not he niet 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.
INTRODUCED BY:
• C.'OUNCII. MEMBER, COUNTY OF HAWA1
, Hawaii
Date of Introduction:
Date of 1st Reading
Date of 2nd Reading:
Effective Date:
REFERENCE' Comm. 754
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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 CHANCING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -1 ACRE (A -1a)
TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20)
AT PONAHAWAI, SOUTH HILO, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
TMK 2 -3 -3714 DATE December 22, 2009
EXHIBIT "A" (William & Glynis Dolan
Map 1266)
• •
Bill Nos. 227, 228, 231 (Draft 2), 232, 235, 236, 237 (Draft 2), and 238 (Draft 2)
1 hereby certify that the following Bills passed first reading at the meeting of the Hawai`i County Council
on April 20, 2010, by vote as listed below:
Bill 227: Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the
Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural —
One Acre (A -1 a) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Ponahawai, South Hilo,
Hawai`i, Covered by TMK:2 -3- 037:014; William and Glynnis Dolan, Applicants. If the applicants,
successors, or assigns develops residential units on the subject property, the applicant 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 have a
combined value of $7,698.11 per multiple family residential unit ($11,996.63 per single family residential
unit). AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and
Chair Yoshimoto — 8; NOES: Council Member Hoffmann — 1; ABSENT: None; EXCUSED: None.
Bill 228: Amends Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the
Hawai`i County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural —
One Acre (A -1 a) to Neighborhood Commercial — 20,000 Square Feet (CN -20) at Ponahawai, South Hilo,
Hawai`i, Covered by TMK:2 -3- 037:006; Gillie and Jane Silva, Applicants. 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 have a combined
value of $7,698.11 per multiple family residential unit ($11,996.63 per single family residential unit).
AYES: Council Members Enriques, Ford, Greenwell, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair
Yoshimoto — 8; NOES: Council Member Hoffmann — 1; ABSENT: None; EXCUSED: None.
Bill 231, Draft 2: Adopts a Pay Plan for Persons Employed by the County Other Than Those Whose Pay
is Otherwise Provided for, Designates Payroll Periods, Pay Days, Prescribes Requirements with Respect
to Official Fidelity Bonds, and Repeals Ordinance No. 09 -72 and All Amendments Thereto, Said
Ordinance to be Known as the Salary Ordinance of 2010. AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None;
ABSENT: None; EXCUSED: None.
Bill 232: Amends Chapter 24 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to
Vehicles and Traffic. Amends Chapter 24, Article 7, Division 2, Section 24 -149 (Maximum Speed
Limit), by deleting Item D and adding "ten miles per hour below the posted speed limit within
construction zones." AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason,
Onishi, Yagong, and Chair Yoshimoto — 8; NOES: None; ABSENT: Council Member Enriques — 1;
EXCUSED: None.
Bill 235: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of Hawai`i
for the Fiscal Year Ending June 30, 2010; Increases revenues in the following: State Grants — Glass
Recycling Program ($4,390) and State Grants — Used Oil Collection /Disposal ($3,943), for a total of
$8,333; appropriates same to Used Oil Collection/Disposal. AYES: Council Members Enriques, Ford,
Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None;
ABSENT: None; EXCUSED: None.
• •
Bill 236: Amends Ordinance No: 09 -64, as Amended, the Operating Budget for the County of Hawai`i
for the Fiscal Year Ending June 30, 2010; Appropriates revenues in Videotaping Contribution — Na Leo
`O Hawai`i ($75,000); appropriates same to Videotaping — Na Leo `O Hawaii. AYES: Council
Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair
Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None.
Bill 237, Draft 2: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010; Increases revenues in the following: Federal —
2010 Block Grant ($2,998,922) and Block Grant — Program Income ($25,000), for a total of $3,023,922;
appropriates to the following: Hospice of Hilo — In- Patient Facility Construction ($700,000), Residential
Emergency Repair Program ($275,000), Easter Seals Hawaii — Facility Expansion ($400,000), Pahala
Fire Station — Fire Tanker Acquisition ($250,000), Removal of Architectural Barriers — Americans with
Disabilities Act Compliance — Various County Facilities ($427,461), Boys and Girls Club — Americans
with Disabilities Improvements ($250,000), Panaewa Park New Covered Play Courts ($449,461), and
Administration, Planning and Fair Housing ($272,000), for a total of $3,023,922. AYES: Council
Members Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, and Chair Yoshimoto — 7; NOES:
None; ABSENT: Council Members Enriques and Yagong — 2; EXCUSED: None.
Bill 238, Draft 2: Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010; Increases revenues in Federal — 2010 HOME
Investment Partnerships Program ($999,573); appropriates to the following: Mohouli Heights Senior
Neighborhood 1 — Hawaii island Community Development Corporation ($200,000), Tenant Based
Rental Assistance — County of Hawaii ($500,000), Kaloko Housing Project — County of Hawai`i
($214,573), and Office of Housing and Community Development Administration ($85,000), for a total of
$999,573. AYES: Council Members Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, and
Chair Yoshimoto — 7; NOES: None; ABSENT: Council Members Enriques and Yagong — 2;
EXCUSED: None.
Kenneth G. Goodenow
COUNTY CLERK
(Hawai`i Tribune Herald — April 30, 2010)
(West Hawai`i Today — April 30, 2010)
Note: The original Digest/Affidavit is attached to Bill 227.