HomeMy WebLinkAboutORD 2015-001 2014-2016COUNTY OF HAWAIII
STATE OF HAWAIII
15 1 BILL NO. 303
ORDINANCE NO.
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.
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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
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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.
L 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.
M
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 (HOPI). 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;
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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
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:
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).
5. 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.
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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.
Kona, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Conan. 1094
November 19, 2014
November 19, 2014
December 17, 2014
January 9, 2015
INTRODUCED BY:
CO UN MEMBER, OUNTY OF HAWAII
RS -15
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
1,931.17 5
2,317.51 r
P HOA"
RS -15
R5 -15
RS -15
A�
tia
RS -15
Rp
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:
TM K: (3) 1- 5- 014:005 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: May 29, zot4
Ogasawara
EXHIBIT "A„
Map: 1346
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Zendo Kern (B /R)
November 19, 2014
November 19, 2014
December 13, 2014
Second Reading: December 17, 2014
To Mayor: December 26, 2014
Returned: January 9, 2015
Effective: January 9, 2015
Published: January 17, 2015
REMARKS:
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Ford
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Ilagan
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Kanuha
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Kern
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Onishi
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Poindexter
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Wille
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Yoshimoto
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8
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1
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ROLL CALL VOTE
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NOES
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Chung
X
David
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Ilagan
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Kanuha
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Onishi
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Paleka
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Poindexter
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Wille
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I DO HEREBY CERTIFY that the, foregoing BILL was adopted by the County Council published as
indicated above.
C?!L(CHAIRPERSON
P-A q*
,4pprored /D approved this da} of?O ��_ C
Bill No.:
303 (2012 -2014)
_
MAYOR, UNIT OFIIAWAI'I Reference: C- 1094/PC -79
Ord No.: t 1