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HomeMy WebLinkAboutBIL 106 Draft 02 2020-2022 v 0 COUNTY OF HAWAII STATE OF HAWAI'l BILL NO. 106 ORDINANCE NO. (:GRAFT 2) AN ORDINANCE AMENDING SECTION 25-8-23 (VOLCANO - MT. VIEW 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, 20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL, 10,000 SQUARE FEET (CV-10) AT 'OLA'A SUMMER LOTS, PUNA, HAWAI'l, COVERED BY TAX MAP KEY: 1-9-004:051 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-23, Article 8, Chapter 25 (Zoning) of the Hawaii 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 '01a'a Summer Lots, Puna, Hawaii, 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: 1. 530 54' 134.80 feet along the west side of Volcano Road; 2. 1490 31' 278.73 feet along Lot 11; 3. 2390 31' 134.15 feet along Lot A; 4. 3290 31' 265.54 feet along Lot K to the point of beginning and containing an area of 0.838 acre. -1- 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 (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. B. 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. C. Construction of the proposed development, or any other development on the subject parcel permitted within the Village Commercial (CV) zoning district -2- 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. Prior to submittal of the Plan Approval application affecting the subject property, the Applicant shall provide the plans to the Volcano Community Association for its review and comment for a 30-day period. The Volcano Community Association may request an extension of its review period, subject to approval from the Applicant. The comments, if any, shall be submitted as part of the Plan Approval application, and be taken into consideration by the Planning Director during Plan Approval review process. Further, landscaping of the property pursuant to Planning Department Rule No. 17 (Landscaping Requirements), shall incorporate minimizing the removal of the existing stand of'Ohi'a trees. D. 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 Condition C of this ordinance and Section 25-2-70, Chapter 25 (Zoning Code), Hawaii 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 Condition C of this ordinance and the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. E. 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 -3- 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 Hawaii 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. F. Driveway connection(s) to Old Volcano Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. G. The applicant shall be responsible for the design, purchase, and installation of streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. H. Should the Applicant develop a land use 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 prior to Final Plan Approval. The Applicant shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Old Volcano Road that may be deemed necessary by the Department of Public Works. I. 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 Planning Department prior to Final Plan Approval. 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. -4- J. The method of sewage disposal shall meet with the requirements of the Department of Health. K. 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-SHPT)when it finds that sufficient mitigation measures have been taken. L. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire fencing shall not be used in the permit area and woody vegetation over 15 feet in height shall not be removed during bat breeding season of June 1 st to September 15th without first conducting surveys for bat nests and coordinating with US Fish and Wildlife Service if nests are found. Surveys shall be conducted by a qualified biologist. M. To protect any Hawaiian hawk in the vicinity of the property, clearing, grubbing and construction activities shall not occur in the permit area during hawk breeding season of March 1 to September 30 without first having qualified biologist conduct surveys for hawk nests in the project footprint and surrounding areas and coordinating with US Fish and Wildlife Service if nests are found. Additionally, no clearing or construction activities shall occur within 1,600 feet of any active Hawaiian hawk nest during the breeding season until the young have fledged. Finally, regardless of the time of year, no trimming or cutting trees containing a hawk nest shall occur, as nests may be re-used during consecutive breeding seasons. -5- N. To protect any seabirds (Hawaiian petrels and Newell's shearwaters) in the vicinity of the property, the Applicant shall install shielded outdoor lights to direct light downwards. Additionally,the Applicant shall install automatic motion sensor switches and controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. Finally,the Applicant shall avoid nighttime construction during the seabird fledging period, September 15 through December 15. O. To avoid and minimize potential project impacts to the endangered Hawaiian goose (Nene) the Applicant shall implement the following applicable measures: Do not approach, feed, or disturb Nene. If this species is present during construction activities, all activities within 100 feet should cease, and the bird should not be approached. Have a biologist familiar with the nesting behavior of Nene survey for nests in and around the project area prior to the resumption of any work. Repeat surveys after any subsequent delay of work of three or more days (during which the birds may attempt to nest). Cease all work immediately and contact the US Fish and Wildlife Service for further guidance if a nest is discovered within a radius of 150 feet of proposed work, or a previously undiscovered nest is found within said radius after work begins. In areas where Nene are known to be present, post and implement reduced speed limits, and inform project personnel and contractors about the presence of endangered species on-site. P. To protect the 'I'iwi, the Applicant shall avoid conducting activities within the forest bird habitat that: 1) Promote the spread or survival of invasive species; 2) Increase mosquito populations or stagnant water habitat; 3) Increase wildfire threat to montane forest habitats; and 4) Remove tree cover during the peak breeding season between January I and June 30. -6- 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 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: I. $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; -7- 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 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, 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. 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: -8- I 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). 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 any of the conditions not be met or substantially complied with in a timely 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. -9- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL:MEMBER,"COIN,. OF HAWAII FIawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 572.3 -10- 5-20 p� OPEN A- a -20 �o �Q R -20 A-la CV-10 RS-20 RS- 0 oP0 o� 32,457.47'S 23,782.01'E "KULANI" �p RS 0 C} CV-10 ro R5-20 RS- 0 CV-10 p R5-20 V-10 A-20a O SINGLE-FAMILY RESIDENTIAL IRS20)TO VILLAGE COMMERCIAL(CV-10) 0,838 ACRE �o Boa �o 0 A-20a A- a RS 0 Feet 0 250 500 750 1,000 1,250 AMENDMENT TO THE ZONING CODE 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 (RS-20) TO VILLAGE COMMERCIAL (CV-10) AT OLAA SUMMER LOTS, PUNA, HAWAI'I MAP PREPARED BY: TMK:(3)1-9-004:051 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:Ju(y23,2021 EXHIBIT"A" Raja Daggula Map: 1425