HomeMy WebLinkAboutORD 2010-045 2008-2010 . 4 p ✓
COUNTY OF HAWAII ' STATE OF HAWAII
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ORDINANCE NO.
10 E $ BI NO. 228
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 — ONE ACRE (A -1 a) TO NEIGHBORHOOD COMMERCIAL — 20,000
SQUARE FEET (CN -20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY: 2 -3- 037:006.
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 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,
Hawai`i, shall be 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 "HALAI" 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 11;
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;
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6. Thence along the east side of Komohana 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 feet along the east side of Komohana 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° 29' 50" 256.99 feet;
11. 165° 40' 214.11 feet along Lot 12 -A;
12. 255° 40' 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 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, Hawai`i 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 use.
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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. 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 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 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.
E. 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.
F. Development of the property shall be designed and constructed in a way to minimize
obstruction of the scenic views of Hilo Bay from Komohana Street.
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G. 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- 37:14), 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.
H. Access at Komohana Street shall be through road and utility easement "RU -9 "and shall
be limited to right -turn ih and right -turn out movements only. This access shall be 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.
Access connections to Ponahawai Street and Komohana Street shall conform to
Chapter 22 (County Streets) of the Hawai`i County Code.
J. 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, and 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 be installed by the applicants at no cost to the County.
L. 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 Traffic Impact Analysis
Report (TZAR) shall be 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.
M. Any construction within the designated FEMA flood zone shall comply with the
requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code.
N. 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 be constructed meeting with the approval of the
Department of Public Works prior to the issuance of a Certificate of Occupancy.
O. 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
Hawai `i.
P. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawaii County Code.
Q. Comply with Chapter 11 -55, Water Pollution Control, Hawai`i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction activity.
R. Construction activities must comply with the provisions of Hawai`i Administrative Rules,
Chapter 11 -46, "Community Noise Control."
S. The applicants shall install a septic system(s) meeting with the requirements of the
Department of Health prior to the issuance of a Certificate of Occupancy. In the future,
should a public sewer system be installed in Ponahawai Street or Komohana Street
fronting the subject property, the applicants shall connect to the sewer system.
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T. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to Final Plan Approval.
U. 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 -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.
V. 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,
Hawai`i 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.
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 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
combined value of $7,698.11 per multiple family residential unit ($11,996.63 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 ($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 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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J
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.
Y. 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
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.
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 applicant's request to the County Council for appropriate
action.
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AA. 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.
INTRODUCED BY:
atiz
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: April 20, 2010
Date of 1st Reading: April 20, 2010
Date of 2nd Reading: May 5, 2010
Effective Date: May 20, 2010
REFERENCES Comm. 7
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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 -1 a) TO
NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN -20)
AT PONAHAWAI, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
•
TMK: 2 -3- 037006 DATE: December 22, 2009
EXHIBIT "A" Gillie & Jane Silva
Map 1284
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i t . D .
Introduced By: Donald Ikeda ? LV Y 99
{
Date Introduced: April 20, 2010 L A Y E S s i NOES ABS EX
First Readin April 20, 2010 ,_!_t'itc
g� p Enriques X C'_lli`;' �
Published: April 30, 2010 Ford x ...: 4 3 a� it ;,a_. it- rived
Greenwell X
REMARKS: Hoffmann X
Ikeda X
Naeole- Beason X
Onishi X
Yagong X
Yoshimoto X
Second Reading: May 5, 2010 8 1 0 0
To Mayor: May 13, 2010
Returned: May 20, 2010 ROLL CALL VOTE
Effective: May 20, 2010 AYES NOES ABS EX
Published: May 27, 2010 Enriques X
Ford X
REMARKS: Greenwell X
Hoffmann X
Ikeda X
Naeole- Beason X
Onishi X
Yagong X
Yoshimoto X
6 0 3 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as •
indicated above. .
a
APPROVED AS TO la - �
FOR t AND LEGALITY: /
a /mil COUNCIL CHAIRMAN
DEPUT CORPORATION CO!NSEL
COUNTY OF _
1 A
Date MAY 1 4 2010 COUNTY CLERK
•
Bill No.: 228
'' C- 755/PC -77
Approved/D . pproved this d ay
Reference:
of s ,20 .
Ord No.: 10 4
'S N, i L
MAYOR, COUNTY OF HAWAII