COM 0939.000 2012-2014 - Laserfiche WebLink

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J Yoshimoto, Council Chair and Members of the County Council Page 9 establishment of a new hardware store, postal facility and commercial building on approximately 2 acres of land (Ocean View Town Center), which is along the highway within Hawaiian Ocean View Estates, approximately 1,000 feet east of the location of the subject property. Lastly, Special Permit No. 653 was approved to allow a variety of commercial and industrial uses, including an open storage facility, a farmer's market and all uses permitted within the Industrial-Commercial Mixed Use(MCX) zoned district (Pohue Plaza), which is along the highway within Hawaiian Ranchos, approximately 1,300 feet east of the subject property. In 2007, the Hawai`i County Council adopted Ordinance No. 07-99, which amended Chapter 25 (Zoning Code), Article 2, Division 4, Hawai`i County Code 1983 (2005 Edition, as amended)by adding a new section relating to concurrency conditions. The council added requirements relating to traffic impacts and water supply relative to the approval of rezonings. To determine whether road conditions are adequate in an area, the ordinance requires some rezoning applications be accompanied by a traffic impact analysis report(TIAR). The ordinance also requires evidence that water is available for the new rezonings. If these requirements are not met, then the rezoning should not be approved or should not take effect unless improvements to traffic and water occur before the occupancy of the project. In Ordinance 07-99, the council addressed the issue of water in rural areas where there is no reasonable prospect of a public water system,but where the county may wish to allow some commercial and possibly light industrial rezonings to serve the growing rural population, such as the Hawaiian Ocean View Estates and Hawaiian Ranchos area. The Council added Section 25-2-46(n), which states "to facilitate the development of village centers in rural areas that are not currently served by a public water system, the council may waive the water supply requirements for rezonings for commercial or light industrial uses in areas that do not currently have a public water system, and where the department of water supply has no plans to build a public water system, and which are(1) designated as an "urban or rural center" or"industrial area" on Table 14-5 of the General Plan and(2) designated for urban use on the Land Use Pattern Allocation Guide Map of the General Plan; provided that conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and firefighting." The water supply necessary for sanitation and firefighting, in these circumstances, can be handled by requiring adequate storage facilities through conditions of the rezoning. As required by Section 25-2-46(n), the proposed request is designated as a"urban or rural center" and "industrial area" on Table 14-5 of the General Plan and is designated for urban use on the Land Use Pattern Allocation Guide Map of the General Plan (urban expansion area/rural).