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COUNTY OF HAWAII I-f. --SO_*1 STATE OF HAWAII
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BILL NO. 113
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE.1983 (2016 EDITION, AS
AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-
FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL
DISTRICT—20,000 SQUARE FEET (CV-20) AT WAIAKAHIULA, PUNA, HAWAII,
COVERED BY TAX MAP KEY: 1-5-003:037.
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 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 Waiakahiula, Puna,
Hawai`i, shall be Village Commercial District—20,000 square feet (CV-20):
Beginning at a 2"pipe found at the east corner of this parcel of land, being also
the north corner of Lot 1, Land Court Application 1,479, Map 2 and on the southerly side
of PAHOA-KAPOHO ROAD, the coordinates of said point of beginning referred to
Government Survey Triangulation Station"PAHOA"being 3,931.19 feet South and
5,827.95 feet East and running by azimuths measured clockwise from True South:
1. 38° 19' 548.29 feet along Lot 1, Land Court
Application 1,479, Map 2 to a 1"
pipe found;
2. 189° 30' 467.63 feet along the easterly side of the
KEA'AU-PAHOA ROAD, F.A.S.P.
NO. RS-0130 (18) to a 1/2"pipe
found; thence along the southerly
side of the KEA'AU-PAHOA
-1-
ROAD, F.A.S.P. NO. RS-0130 (18),
along a curve to the right having a
radius of 40.00 feet, the chord
azimuths and distance being:
3. 238° 00' 59.92 feet to a 1/2"pipe found;
4. 286° 30' 221.05 feet along the southerly side of the
KEA'AU-PAHOA ROAD, F.A.S.P.
NO. RS-0130 (18) and the southerly
side of the PAHOA-KAPOHO
ROAD to the point of beginning and
containing an area of 1.545 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 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety, and welfare; or
(2) 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 (Applicant) shall be responsible for
complying with all of the stated conditions of approval.
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B. The Applicant shall submit estimated maximum daily water usage calculations,
prepared by a professional engineer licensed in the State of Hawai`i to the
Department of Water Supply(DWS). The water usage calculations should include
the estimated peak flow in gallons per minute and the total estimated maximum
daily water usage in gallons per day, including all irrigation use. A water
commitment deposit shall be paid to the DWS within 180 days from the effective
date of this ordinance in accordance with Rule 5 of the Department of Water
Supply's Rules and Regulations. The applicant is responsible for installing a
larger or additional water meter, if required, and maintaining valid water
commitments to support the proposed use until such time that required water
facilities charges are paid in full. This condition shall be implemented prior to the
issuance of a certificate of occupancy for any new use on the property.
C. The Applicant shall install a reduced pressure type backflow prevention assembly
by a licensed contractor, within five(5) feet of the meter on private property. If a
larger or additional meter is required, a backflow prevention assembly will also be
required for the larger or additional meter. The installation of the backflow
prevention assembly(s) must be inspected and approved by the Department of
Water Supply before the commencement of water service.
D. Site layout and building design of the proposed development shall adhere to the
established Pahoa Village Design Guidelines and are subject to review and
approval by the Pahoa Village Design Review Committee prior to securing Final
Plan Approval.
E. 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
commencing construction, the Applicant shall secure Final Plan Approval for the
proposed development from the Planning Director in accordance with Section 25-
-3-
2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all
proposed structure(s), 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's Rule
No. 17 (Landscaping Requirements)bufferyard requirements for the Village
Commercial (CV) zone adjoining a Single-Family Residential (RS) zone.
F. Prior to commencement of any commercial use within the existing community
building structures on the property, the Applicant shall secure and finalize all
required building permits from the Department of Public Works-Building
Division, including change of use building permits if necessary.
G. The Applicant 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 Village Commercial zoning.
H. Access to the subject property shall be prohibited from the Pahoa-Kalapana Road
(Highway 130).
Access to the subject property shall be limited to Pahoa-Kapoho Road
(Highway 132) and conform to the requirements of Chapter 22, County Streets, of
the Hawai`i County Code and access improvements, including the provision of
adequate site distances, shall meet with the approval of the Department of Public
Works.
J. Streetlights and traffic control devices at the project's driveway along Highway
132, as may be required by the Traffic Division, Department of Public Works,
shall be installed by the Applicant at no cost to the County, prior to the issuance
of certificate of occupancy for any portion of the project.
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K. The Applicant shall provide improvements within the subject property's entire
Pahoa-Kapoho Road (Highway 132) frontage consisting of an ADA compliant,
minimum 8-foot wide, paved pedestrian path that shall be encumbered by a
nonexclusive pedestrian public access easement meeting with the approval of the
Planning Director, in consultation with the Department of Public Works, to be
recorded with the Bureau of Conveyances prior to the receipt of certificate of
occupancy for any portion of the project site. This public access easement shall
allow for unrestricted public access until such time that construction of sidewalk
improvements within the Pahoa-Kapoho Road (Highway 132)right-of-way
directly fronting the subject property has been completed, upon which this public
access easement shall be terminated.
L. Should the Applicant develop a land use which the Planning Department, in
consultation with the Department of Public Works and the State Department of
Transportation, 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 the State Department of Transportation prior to
Final Plan Approval. The Applicant shall implement any transportation system
improvements to Pahoa-Kapoho Road (Highway 132) and Pahoa-Kalapana Road
(Highway 130) that may be deemed necessary by the Department of Public Works
and State Department of Transportation prior to securing a Certificate of
Occupancy for the land use.
M. All earthwork activity, including grading and grubbing, shall conform to Chapter
10, Erosion and Sedimentation Control, of the Hawai`i County Code.
N. All development-generated runoff shall be disposed of on site and shall not be
p
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Planning Department prior to Final
Plan Approval. Any recommended drainage improvements, if required, shall be
-5-
constructed meeting with the approval of the Department of Public Works prior to
receipt of a Certificate of Occupancy.
O. Prior to receipt of a Certificate of Occupancy, an individual wastewater system
shall be installed meeting with the requirements of the Department of Health.
P. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g., rock walls, terraces,platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at(808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
Q. Should the Applicant develop residential units on the subject property, the
Applicant 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 or Final Subdivision
Approval, whichever is applicable, and shall be based on the actual number of
additional residential units or lots created. 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 combined value of$9,662.28 per multiple family residential unit or
lot($15,057.57 per single family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation
-6-
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit or lot(single family residential unit or lot) shall be
allocated as follows:
1. $4,766.13 per multiple family residential unit or lot ($7,261.03 per single
family residential unit or lot) to the County to support park and
recreational improvements and facilities;
2. $150.63 per multiple family residential unit or lot ($350.27 per single
family residential unit or lot) to the County to support police facilities;
3. $463.37 per multiple family residential unit or lot ($691.83 per single
family residential unit or lot) to the County to support fire facilities;
4. $206.52 per multiple family residential unit or lot ($302.89 per single
family residential unit or lot) to the County to support solid waste
facilities; and
5. $4,075.63 per multiple family residential unit or lot ($6,451.55 per single
family residential unit or lot) 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.
R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
-7-
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.
S. 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 Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
T. The Applicant shall comply with all applicable County, State and Federal laws,
rules,regulations, and requirements.
U. An initial extension of time for the performance of conditions within the
ordinance may be granted by the 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 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).
-8-
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.
V. Should anyof the conditions not be met or substantiallycomplied with in a timely
p
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
1144/0"-
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 596
-9-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-26 (PAHOA 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 (RS-10) TO
VILLAGE COMMERCIAL (CV-20)
AT WAIAKAH IU LA, PUNA, HAWAI'I
MAP PREPARED BY:
TMK:(3)1-5-003 037 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE.September7,2021
EXHIBIT"A" Aguinaldo 4,LLC.
Map: 1432