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HomeMy WebLinkAboutBIL 106 Draft 01 2020-2022COUNTY OF HAWAI‘I  STATE OF HAWAI‘I  BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-23 (VOLCANO - MT. VIEW ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL, 10,000 SQUARE FEET (CV-10) AT ʻŌLAʻA SUMMER LOTS, PUNA, HAWAI‛I, COVERED BY TAX MAP KEY: 1-9-004:051 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 25-8-23, Article 8, Chapter 25 (Zoning) of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at ʻŌlaʻa Summer Lots, Puna, Hawai‘i, shall be Village Commercial, 10,000 square feet (CV-10): Beginning at the east corner of this parcel of land, and on the west side of Volcano Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station “KULANI” being 32,457.47 feet South and 23,782.01 feet East and running by azimuths measured clockwise from True South: 53º 54′ 134.80 feet along the west side of Volcano Road; 2. 149º 31′ 278.73 feet along Lot 11; 3. 239º 31′ 134.15 feet along Lot A; 4. 329º 31′ 265.54 feet along Lot K to the point of beginning and containing an area of 0.838 acre. 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 (2016 Edition, as amended), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. The applicant, successors or assigns (Applicant) shall be responsible for complying with all of the stated conditions of approval. The Applicant shall meet all requirements of the Department of Health for a Public Water System for potable and sanitation water and shall comply with Fire Department requirements for firefighting water purposes for the proposed development. The on-site water system improvements, including the development of sufficient water storage capacity, shall be completed prior to Certificate of Occupancy and storage tanks shall remain filled with sufficient water to meet all applicable Department of Health and Fire Department requirements. Construction of the proposed development, or any other development on the subject parcel permitted within the Village Commercial (CV) zoning district classification, shall be built in a manner that is consistent with the character and style of the surrounding neighborhood in order to maintain the historic and rural character of Volcano Village. Construction of the proposed development, as substantially represented by the applicant, or as permitted by the zoning district classification, 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 proposed development from the Planning Director in accordance with Section 252-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all proposed structure(s), 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), Hawai‘i County Code. The Applicant shall provide their pro-rata share for the construction of full improvements to the entire property frontage along Old Volcano Road 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 (DPW). This pro-rata share for roadway improvements specified in this condition shall be determined by the DPW and shall become due and payable to the County of Hawaiʻi within six (6) months from the date that formal notice is served upon the Applicant by the DPW regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road.