HomeMy WebLinkAboutORD 2013-123 2012-2014 fi7-51'...
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 120
ORDINANCE NO. a_3 123 (DRAFT 2)
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 1 ACRE
(A-la) TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET (CV-10) AT KEONEPOKO
IKI, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-007:006, 069 & 070.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-26, 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 Keonepoko Iki, Puna,
Hawai`i, shall be Village Commercial— 10,000 square feet(CV-10):
Beginning at the Southwest corner of this parcel of land, the Northwest corner of Lot 7
and on the Southwesterly side of Puna Road, the coordinates of which referred to
Government Survey Triangulation Station"PAHOA" being: 1.70 feet South and 630.10
feet East and running by azimuths measured clockwise from True South:
1. 70° 34' 613.53 feet along Lot 7;
2. 148° 50' 306.21 feet along Parcel 51;
3. 70° 34' 112.47 feet along same;
4. 148° 50' 306.22 feet along government Land;
5. 250° 34' 829.60 feet along Road Reserved;
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6. 338° 34' 600.00 feet along the Southwesterly side of Puna
Road to the point of beginning, and
containing an area of: 9.933 Acres, more or
less.
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.
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant shall secure Final Subdivision Approval to consolidate Tax Map
Key Nos. 1-5-007:006, 069 and 070 within one (1) year from the effective date of
this ordinance.
C. Site layout and building design of the proposed development shall adhere to any
design guidelines established for Pahoa Village that are in effect when plans are
submitted for Final Plan Approval.
D. Construction of the development shall be completed within five (5) years from the
effective date of this ordinance. Prior to construction, the applicant shall secure
Final Plan Approval for the development from the Planning Director in
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accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County
Code. Plans shall identify all existing and/or proposed structures, fire protection
measures, paved driveway access and paved parking stalls associated with the
proposed development. Landscaping shall be indicated on the plans for the
purpose of mitigating any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department Rule No. 17
(Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County
Code.
E. The applicant shall submit estimated maximum daily water usage calculations
prepared by a professional engineer licensed in the State of Hawai`i, 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. The water usage calculations should include the total
estimated maximum daily water usage in gallons per day and the estimated peak
flow in gallons per minute. The applicant shall provide prevailing facilities
charge(s), service lateral(s) and water meter(s), and any other water system
improvements as required by the Department of Water Supply to provide County
water to the proposed development.
F. If required, the applicant shall install a fire hydrant fronting the subject property
meeting with the requirements of the Department of Water Supply prior to the
issuance of a Certificate of Occupancy for any portion of the proposed
development.
G. The applicant shall install a reduced pressure type backflow prevention assembly
on private property within five (5) feet of any water meter(s) serving the proposed
development, which must be inspected and approved by the Department of Water
Supply before water service can be activated.
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H. The applicant shall be responsible for the relocation and adjustment of the
Department of Water Supply's affected water system facilities, should they be
necessary, due to construction of improvements within the Pahoa Village Road
right-of-way.
As agreed to by the applicant, a Certificate of Occupancy shall not be issued for
any portion of the proposed development until the applicant has installed a traffic
signal at the Kahakai Blvd/Pahoa Village Road intersection meeting with the
approval of the Department of Public Works and State Department of
Transportation. Also prior to issuance of a Certificate of Occupancy for any
portion of the proposed development, crosswalks and turning lanes recommended
in the TIAR and shown in Figure 3 of the Final Environmental Assessment, titled
"Preliminary Site Plan and Proposed Roadway Improvements" shall be installed
by the applicant at this intersection.
J. Prior to receipt of Final Plan Approval, the applicant shall secure a right-of-entry
from the Board of Land and Natural Resources to extend Kahakai Blvd
approximately 829 feet west from its intersection with Pahoa Village Road. The
extension of Kahakai Blvd along its entire frontage with the project site shall be
constructed to Department of Public Work's R-32 standard detail for business and
industrial streets with an exception to the north-side pavement width of 25 feet to
accommodate an improved right-of-way width of 55 feet in lieu of the standard 60
feet. A five (5) foot wide future road widening strip along the property's Kahakai
Blvd frontage shall be provided by the applicant in order to implement this
improvement. These improvements, meeting the requirements of the Americans
with Disabilities Act and the approval of the Department of Public Works, shall
be completed prior to issuance of a Certificate of Occupancy for any commercial
use or when required by the Department of Public Works, whichever occurs first.
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K. A five (5) foot wide future road widening strip along the property's Pahoa Village
Road frontage shall be subdivided and dedicated, at no cost to the County, prior to
the issuance of Final Plan Approval for any commercial use on the subject
property. The applicant shall provide improvements to the property's frontage
along Pahoa Village Road consisting of, but not limited to, installation of a two-
way left-turn lane, pavement widening with concrete curb, gutter and sidewalk,
drainage improvements and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and the approval of the
Department of Public Works. The curb, gutter, sidewalk and drainage
improvements shall be located within the future road widening strip. These
improvements shall be completed prior to issuance of a Certificate of Occupancy
for any commercial use or when required by the Department of Public Works,
whichever occurs first.
L. Prior to issuance of a Certificate of Occupancy, the applicant shall install a bus
stop and shelter as shown in Figure 3 of the Final Environmental Assessment,
titled "Preliminary Site Plan and Proposed Roadway Improvements", meeting
the requirements of the Department of Public Works.
M. Driveway connections to Pahoa Village Road and the Kahakai Blvd Extension
shall conform to Chapter 22, County Streets, of the Hawai`i County Code.
N. As agreed to by the applicant, a Certificate of Occupancy shall not be issued for
the proposed development until construction of the Department of
Transportation's intersection improvement project at the Pahoa Bypass (Highway
130)/Pahoa Village Road intersection has been completed.
O. Throughout the course of developing this commercial project, the Applicant shall
manage construction-related traffic in order to optimize traffic flow through the
Kahakai Blvd.-Pahoa Village Road intersection, especially during construction of
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improvements to the Pahoa Bypass (Highway 130)/Pahoa Village Road
intersection that will direct traffic flow through this intersection.
P. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
Q. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code.
R. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative
Rules, Department of Health, which requires a NPDES permit for certain
construction activity.
S. The method of sewage disposal shall meet with the requirements of the
Department of Health.
T. 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.
U. If the applicant, successors, or assigns develop residential units on the subject
properties, the applicant, successors or assigns shall make its fair share
contribution to mitigate the potential regional impacts of the development 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
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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 maximum combined value of$8,394.57 per multiple
family residential unit ($13,081.99 per single family residential unit). The total
amount shall be determined by 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 units)
shall be allocated as follows:
• $4,140.80 per multiple family residential unit($6,308.37 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
• $130.87 per multiple family residential unit ($304.32 per single family
residential unit) to the County to support police facilities;
• $402.57 per multiple family residential unit ($601.06 per single family
residential unit) to the County to support fire facilities;
• $179.43 per multiple family residential unit ($263.15 per single family
residential unit) to the County to support solid waste facilities; and
• $3,540.90 per multiple family residential unit ($5,605.09 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant, successors or assigns
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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V. 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.
W. 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, Hawai`i County Code relating to the Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
X. The applicant, successors or assigns 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 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).
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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 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:
COUN EMBER, COUNTY OF HAWAI`I
Kona , Hawai`i
Date of Introduction: October 16, 2013
Date of 1st Reading: November 6 , 2013
Date of 2nd Reading: November 20, 2013
Effective Date: December 13, 2013
REFERENCE Comm. 409. 8
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M CX-20
CN-20
A-1 a
KEN P�°6Lv°
AGRICULTURAL-ONE ACRE(A-1 a) A-1 a
TO VILLAGE COMMERCIAL-10,000 SOFT(CV-10)
9.93 ACRES TOTAL
CN-20
road
315007070
A-la
315007069
A-la
315007006 -6
A 1a
rao s m
630.f0•E
"PAHOA"
A-20a
A-1 a
N
A-la
`R`r
A-la
r •
Feet
0 125 250 500 750 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-26 (PAHOA 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
VILLAGE COMMERCIAL - 10,000 SQFT (CV-10),
AT KEONEPOKO IKI, PUNA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:(3)1-5-007:006,069&070 DATE:JUL 11,2012
r
'.l 3/T " r t
OFFICE OF THE COUNTY CLERK � ��`
County of Hawai`i
Kona, Hawai`i 2013 (1-C 1 3 RI 4: 24
(Draft 2)
Introduced By: Zendo Kern (B/R) ROLL CALL VOTE
Date Introduced: October 16, 2013 AYES NOES ABS EX
First Reading: November 6, 2013 Eoff X
Published: November 16, 2013 Ford X
Ilagan X
REMARKS. Kanuha X
October 16, 2013 - Postponed Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: November 20, 2 013 9 0 0 0
To Mayor: November 29, 2013
Returned: December 13, 2013 ROLL CALL VOTE
Effective: December 13, 2013 AYES NOES ABS EX
Published: December 27 , 2013 Eoff X
Ford X
REMARKS:
Ilagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
A'prove. Disapproved this IS day / '
ofe2viltw- 20 13 CI'iNTY CLERK
P/14�7IC-n-- Bill No.: 120 (Draft 2)
MAYOR, COUNTY OF HAWAII C-409. 8/PC-47
Reference:
Ord No.: 13 123