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Home My WebLink AboutBIL 303 Draft 01 2012-2014COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 303 AN ORDINANCE 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 SINGLE- FAMILY RESIDENTIAL — 15,000 SQUARE FEET (RS -15) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT NANAWALE HOMESTEADS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-014:005. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-26, 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 Nanawale Homesteads, Puna, Hawaii, shall be Village Commercial — 10,000 square feet (CV -10): Beginning at the East corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAHOA" being 1,931.11 feet South and 2,317.51 feet East and running by azimuth measured clockwise from True South: 1. 310 16' 212.36 feet along Lot 4, Nanawale Homesteads; 2. 1230 00' 198.43 feet along the north side of Pahoa Village Road; 3. 2130 00' 30" 227.09 feet along Lot 2, Nanawale Homesteads; 4. 3070 25' 192.54 feet along Lot 13, Nanawale Homesteads to the point of beginning and containing an area of 42,856 square feet, 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, 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 use. A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and 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's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. -2- C. 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. D. 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. Installation of the backflow prevention assembly and relocation and adjustment of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening strip and required improvements along the property's frontage with the Pahoa Village Road. E. The applicants, successors, or assigns shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for commercial zoning. F. A ten (10) foot wide future road widening strip along the property's Pahoa Village Road frontage shall be subdivided and dedicated to the County, at no charge, prior to the issuance of a Certificate of Occupancy 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, 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 improvements shall be located within the future road widening strip. These improvements shall be completed prior to issuance of a Certificate of Occupancy -3- for any commercial use or when required by the Department of Public Works, whichever occurs first. G. The applicant shall install streetlights and traffic control devices if required by the Department of Public Works -Traffic Division. The applicant shall be responsible for the design, purchase, and installation of such devices. H. Should the applicant submit plans to develop a land use beyond that proposed in the application, and 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 and Department of Transportation prior to Final Plan Approval. When required by the Department of Public Works, the applicants shall implement, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. I. Driveway connection(s) to the Pahoa Village Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Any new construction, exterior renovation of existing structures and signage shall conform to any design guidelines established by the Pahoa Village Design Guidelines. K. 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 by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. 0 L. The method of sewage disposal shall meet with the requirements of the Department of Health. M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. N. If the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (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 maximum combined value of $8,542.61 per multiple family residential unit ($13,312.70 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 share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. $4,213.83 per multiple family residential unit ($6,419.62 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $133.18 per multiple family residential unit ($309.68 per single family residential unit) to the County to support police facilities; -5- 3. $409.67 per multiple family residential unit ($611.66 per single family residential unit) to the County to support fire facilities; 4. $182.59 per multiple family residential unit ($267.79 per single family residential unit) to the County to support solid waste facilities; and 5. $3,603.34 per multiple family residential unit ($5,703.94 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. O. 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. 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 the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. Q. 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 I on notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. R. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. S. 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(s), 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). If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -7- Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the 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. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE comm. 1094 INTRODUCED BY: COUN MEMBER, OUNTY OF HAWAII In RS -15 tiy��A` RS -15 RS -15 RS -15 SINGLE-FAMILY RESIDENTIAL -15,000 SQUARE FEET (RS -15) TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV -10) 42,856 SQUARE FEET RS -15 RS -15 RS -15 7,937.77 5 2,31751 E FAHOA" RS -15 R5-15 RS -15 pati RS -15 /C<gCF RS -15 RS -15 RS -15 RS -15 R5-15 Feet 0 125 250 375 500 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 SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS -15) TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV -10) AT NANAWALE HOMESTEADS, PUNA, HAWAII MAP PREPARED BY: TMK: (3) 1-5-014:005 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: May 29, 2014 EXHIBIT "A" Ogasawara Map: 1346