HomeMy WebLinkAboutBIL 106 Draft 02 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. 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 ʻŌhiʻa trees.
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), 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 Condition C of this ordinance and 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