HomeMy WebLinkAboutBIL 183 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-25 (KEAʻAU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I 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 – 10,000 SQUARE FEET (CV-10) AT KEAʻAU, PUNA, HAWAIʻI, COVERED BY TAX MAP KEY: 1-6-002:082.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 25-8-25, 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 Keaʻau, Puna, Hawai‘i, shall be Village Commercial – 10,000 square feet (CV-10):
Beginning a ½” pipe found at the South corner of this parcel of land and the Southwesterly corner of Lot 1183, (Map 34) at the North boundary of Laukahi Place, (Lot 1146, Map 34), (40’
wide), the coordinates of said point of said point of beginning referred to Government Survey Triangulation Station “Olaʻa” being 8,686.66 feet North and 6,157.89 feet East, and running
by azimuths measured clockwise from True South:
1. 103º 31' 00'' 52.86 feet along said North boundary of Laukahi Place, (Lot 1146, Map 34) to a ½” pipe, set, thence;
2. 109º 01' 30'' 109.87 feet along same, to the South corner of Lot 1147, (Map 34), to a ½” pipe, found, thence;
3. 184º 27' 00'' 42.75 feet along the East boundary of said Lot 1147, to the West corner of Lot 1182-A, (Map 34), to a mag nail, set, thence;
4. 248º 40' 00'' 108.51 feet along the South boundary of said Lot 1182-A, to the West boundary of Lot 1183, (Map 34) to a calculated position in an 18” tree, thence;
5. 338º 40' 00'' 139.85 feet along said West boundary of Lot 1183, to the Point of Beginning. Enclosing an area of 11,254 sq. ft., 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:
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.
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 25 2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and 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) and Chapter 25 (Zoning Code), Hawai‘i County Code.
Prior to commencement of the proposed use, the Applicant shall secure and finalize all required building permits from the Department of Public Works Building Division, including a change
of use building permit for the existing structure to be converted from use as a single-family dwelling to a commercial use permitted in the zoning district classification.
Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the Applicant shall submit anticipated maximum daily water usage calculations, as prepared by a professional
engineer licensed in the State of Hawai‘i to the DWS. 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 DWS’s Rules and Regulations. The Applicant is responsible for maintaining valid water commitments until such time that required water facilities charges are paid in full.
The Applicant 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 DWS.
Prior to obtaining certificate of occupancy, 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 commercial zoning.
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