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Home My WebLink AboutBIL 110 Draft 01 2006-2008l,;~~~V Oi l' 4 COUNTY OF HAWAII STATE OF HAWAII BILL NO.i>_o ORDINANCE NO. 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 1-ACRE (A-la) TO NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-037:011. 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, Hawai `i, shall be Neighborhood Commercial - 20,000 square feet (CN-20): Beginning at the most westerly corner of this parcel of land, also being the most northerly comer of Lot 5 of the `Ka Palani Kula' Subdivision, and a point on the southeast right-of--way of Ponahawai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 817.59 feet South and 664.56 feet East and thence running by azimuths measured clockwise from true South:: 1.232° 30'00"100.00 feet along the southeast right-of--way of Ponahawai Street; 2.322° 30'00"445.00 feet along the boundary of Lot 2 of this subdivision to the corner common to Lots 2, 3, 4 and 6; 3.52° 30'00"100.00 feet along the boundary of Lot 6; 4.142° 30'00"445.00 feet along the boundary of Lot 5 to the 1- point of beginning, containing an area of 1.022 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made 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 maybe 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(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.In accordance with the Department of Water Supply's Standards, the applicants shall extend a second 8-inch waterline along Ponahawai Street from the existing 12-inch waterline within Komohana Street to obtain the 2,000 GPM fire flow requirement prior to the establishment of uses not allowed under the A-la zone. 2- The applicant may have the alternative of converting the dwelling currently under construction to commercial use without extending the waterline, provided it meets all fire flow requirements of the Fire Department. 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 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.The applicants shall provide full improvements to the project's frontage along Ponahawai 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. F.Access shall be limited through the Road and Utility Easement (RU-1) and shall conform to Chapter 22, County Streets, of the Hawaii County Code. This access point shall be shared with the adjoining parcel (TMK: 2-3-37: 12). G.Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. H.The applicants shall instal] a septic system meeting with the requirements of the Department of Health, prior to receipt of a Certificate of Occupancy. 3- I.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 the recommended drainage system shall be constructed, meeting the approval of the Department of Public Works, prior to receipt of a Certificate of Occupancy. J.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. K.All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. L.Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate azea 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 azchaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. M.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, 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. N.Ifthe applicants, successors, or assigns develop residential units on the subject property, the applicants shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to pazks and recreation, 4- 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 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 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 unit) shall be allocated as follows: 1.3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support pazk 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. 5- 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. O.Should the Council adopt an Unified Irnpact 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. P.The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q.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. 6- 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 maybe extended for up to one additional year). 5.If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' 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 ofthis 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 B COUNCIL ME ER, COUNTY OF AI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. a~h__ 7- CN-15 OPEN R TS r)r CN-f0 HtOJECT TS DISTRICT N-15 RS-T5 RS .5 5 S CN-ZO OPEN A-fa AGRICU ORAL-1 ACRE (A-7a) en59s TO EIGHBORHOOD sst.5se COMMERC L- 000 S FT. C A-1a rxewECr 1.OY1 ACRES asrwcr a-fa fuwusT a1 A-fa CN-Jb PROJECT 06TRIC7 Ada fa 0 T 75 A-fa a 3 RS•75 7 Rs-T Rs1o 0 5 zs 7.5 b n s b RS 75 KOpU St RW4 rc g 400 Z00 0 400 800 72!10 1.600 2,ORD~( 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-1 ACRE (A-1 a) TO NEIGHBORHOOD COMMERCIAL-20,000 SQ. FT. (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K: 23-037:071 Date: February 7, 2007 EXHIBIT "A"Justin Piltullo:1725)