HomeMy WebLinkAboutORD 2010-019 2008-2010 COUNTY OF HAWAII i•€ _ A'' STATE OF HAWAII
10 19 BILL NO. 196
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE S, CI IAI'TER 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 PONAHAWAL SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY: 2- 3- 037.019.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII.
SECTION 1. Section 25 -5 -33, Article S, Chapter 25 (Zoning Code) of the I- lawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
descnhed hereinafter as follows:
The district classification of the following area situated at Ponahawal. South Hilo,
Hawai`i, shall be Neighborhood Commercial 20,000 square feet (CN-20):
Beginning at a point at the southeast corner of this parcel of land being also the southwest
corner of Lot 13 -B and at the easterly side of Komohana Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAI" being
1,99529 feet South and 120.78 feet east and running by azimuths measured clockwise
from true South:
Thence, along the easterly sole of Komohana Street along a curve to the right having a
radius of 2,960.00 feet, the chord azimuth and distance being:
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1. 159° 31' 41" 144.18 feet;
2. 249° OS' 264.20 feet along Lot 13 -A -2;
3. 335° 03' 169.95 feet along Lot 13 -A -2, to a point m the
middle of Alenaio Stream;
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4 45 27' 85.73 feet along the muddle of Alenaio Stream,
being also Lot 20, Komohana Heights
Subdivision;
5. 135° 27' 59.36 feet along Lot 13 -B;
6 70° 54' 175.03 feet along Lot 13 -B to the point of beginning
and containing an area of 43,560 square feet.
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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:
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
(B) Fulfillment of the need for public service demands created by the
proposed usc.
A The applicant(s), successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
li 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 install a reduced pressure type hackllow prevention assembly within
five (5) feet of the water meter on private property, which must he inspected and
approved by the Department of Water Supply.
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 Section 25- 2-70, Chapter 25
(Zoning Code), Hawai` i County Code. Plans shall identify all proposed structure(s), fire
protection measures, paved driveway access, parking stalls and loading zones.
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).
Development of the property shall he designed and constructed in a way to minimize
obstruction of the scenic views of Hilo Bay and the Puna shoreline from Komohana
Street.
F. Prior to the issuance of a Certificate of Occupancy, the applicant 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, and any required utility relocation, meeting with the approval of the
Department of Public Works.
(.; Access shall be through Road and Utility Easement RU -1 1 at Komohana Street and shall
be limited to right -turn in and right -turn out movements only. The access connection to
Komohana Street shall conform to Chapter 22 (County Streets) of the Hawai`i County
Code. Prior to the issuance of a Certificate of Occupancy, the applicant shall install "no
left- turn" sign(s) and a triangular - shaped raised concrete harrier at the property access to
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prevent left-turns into and out of the access driveway. All improvements shall meet with
the approval of the Department of Public Works.
H. Should the applicant 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 Traffic impact Analysis
Report (TIAR) shall be submitted for review and approval by the Department of Public
Works prior to Final Plan Approval. The applicant 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.
I. Streetlights and traffic control devices, as may he required by the Traffic Division,
Department of Public Works, shall be installed by the applicant.
J. The applicant shall install wastewater disposal system(s) meeting with the requirements
of the Department of Health prior to the issuance of a Certificate of Occupancy.
h A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to Final Plan Approval.
L. All development - generated runoff shall he disposed of on -site and shall not he directed
toward any adjacent properties. A drainage study shall he prepared and submitted to the
Department of Public Works prior to the issuance of Final Plan Approval. Any drainage
improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works prior to the issuance of a Certificate of Occupancy.
M. All earthwork activity shall conform to Chapter 10. Erosion and Sedimentation Control,
of the iiawaii County Code.
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N. Comply with Chapter 11 -55, Water Pollution Control, I lawai`i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction activity.
O. 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- S1 -IPD) 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.
P. 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 thc Administrator of the Office of Housing and Community Development
prior to final plan approval or final subdivision approval for any new residential
structures.
Q If the applicant, successors, or assigns develops residential units on thc 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 contnbution 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 thc
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
combined value of $7,698.11 per multiple family residential unit (SI 1,996.63 per single
family residential unit). The total amount shall be determined with the actual number of
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units according to the calculation and payment provisions set forth in this condition. The
fair share contribution per multiple family residential unit (single family residential unit)
shall he 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 ($551.20 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 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 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 development,
subject to the review and recommendation of the Planning Director, upon consultation
with the appropriate agencies and approval of the County Council
R 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.
The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
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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
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).
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 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai'i
Date of Introduction: February 18, 2010
Date of 1st Reading: February 18, 2010
Date of 2nd Reading: March 3, 2010
Effective Date: March 18, 2010
REFERENCE, Comm. 672
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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:
Tr:11 2-3-37 19 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE July 30. 2009
(BrianT Sugai
EXHIBIT "A" Map 1271)
OFFICE OF TILE couNfy CLERK
Count■ Of Flawai' i
RE r".
Hilo. I lawai•i
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Introduced 13) Donalet Ikeda ' iMi..I FRIMRI 1 29
nute Introduced Fehr uary 18, 2010 AYES C1cts:OES .. ABS, EX
First Readinu February 18, 2010 Enmities :,..•-• .i.s.. ; :;-- t-LW
Published February 27, 2010 ' Ford
Greenwell X .
R/:.I/.-IRKS 11 -
01Thu X
'Ikeda X
Naeolc-Beason X : - 1
• (hush] X .
Yugong
Yoshunoto X .•'
Second !ULU!? March 3, 2010 8 ! 1 j 0
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1•0 Nlayoi March 11, 2010
March 18, 2010
Retu rned -
ROLL CAI L VOIF
1•BectRe March 18, 2010
AVIS NOES 1 ABS IX
Published March 25, 2010
Enriques X
Ford X
RE.It-IRKS "
. Greenwell X
I loffinann X
Ikeda X
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• .. •— Naeole-Beason X
Onishi X •
Yautn
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nYoslumoto
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/ DO HEREBY C'ERTIEY that the fin-egoing BILL was adopted by !/w Como. Couticll published as
hulk:wed above •
APPROVED AS TO ----(..
FOR AND LEG • LITY:
4
D U Y CORPORATION COUNSEL
COUN A Y OF HAWAI'l t PUNCH.
• (5 CO(' 'TY (7.1:12K
Date 14AR 1 2 7010 .
196
Bill No
C-67
App /red r.) appr, wed this 1 4 1, lk — iidi• Reference _________ ....._ .. . .. _.... ..
t 0 Ord No 10 19
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