HomeMy WebLinkAboutBIL 225 Draft 01 2022-2024COUNTY OF HAWAFI
ORDINANCE NO.
STATE OF HAWAFI
BILL NO. 225
AN ORDINANCE AMENDING ORDINANCE NO. 14 54 WHICH AMENDED SECTION
25-8-26 (PAHOA 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 AGRICULTURAL- 1 ACRE (A -la) TO VILLAGE
COMMERCIAL-20,000 SQUARE FEET (CV-20) AT KEONEPOKO HOMESTEAD LOTS,
PUNA, HAWAI`I, COVERED BY TAX MAP KEY: 1-5-007:061.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 2 of Ordinance No. 14 54 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 2( 016
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 shall be responsible for complying with all of
the stated conditions of approval.
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B. Site layout and building design for any new structure within the proposed
commercial development shall adhere to any design guidelines established for
Pdhoa Village when plans are submitted for Final Plan Approval.
C. The commercial use of the property shall be established (certificate of occupancy)
within [five (5)]ten (10) years from the effective date of this amended ordinance.
Prior to construction, the applicant shall secure Final Plan Approval for the
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures, fire protection measures, 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 Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning
Code), Hawaii County Code.
D. The applicant shall submit estimated maximum daily water usage calculations
prepared by a professional engineer licensed in the State of Hawai'l, and a water
commitment deposit in accordance with the "Water Commitment Guidelines
Policy" to the Department of Water Supply (DWS) within 180 days from the
effective date of this amended ordinance. The water usage calculations should
include the total estimated maximum daily water usage in gallons per day and the
estimated peak flow in gallons per minute. Upon receipt of the water usage
calculations, DWS will make a determination as to the water commitment deposit
amount and prevailing facilities charge to be paid, if necessary. If the existing
meter cannot accommodate the additional estimated demand, a larger or
additional meter shall be installed and remittance of the prevailing facilities
charge, which is subject to change, will be required. [Should the estifnatedv�,atef
usage exeeed the euffentwatef availability, extensive impr-evement will be
. . i, ineluding, but not fifi-iited to additional soufee, storage and booster- pump
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E. The applicant shall install a reduced pressure type backflow prevention assembly
on private property within five (5) feet of any water meter(s) serving the proposed
development, which must be inspected and approved by the Department of Water
Supply before water service can be activated.
F. The applicant shall be responsible for the relocation and adjustment of the
Department of Water Supply's affected water system facilities, including the
installation of a fire hydrant fronting the subject property, should they be
necessary.
G. A five (5) foot wide future road widening strip along the property's frontage on
Kahakai Boulevard shall be subdivided, improved and dedicated, at no cost to the
County, to facilitate the widening and improvement of Kahakai Boulevard along
the subject property's frontage as detailed in Condition H.
H. Prior to issuance of a certificate of occupancy, []the applicant shall provide
improvements to the property's frontage along Kahakai Boulevard consisting of,
but not limited to, pavement widening with concrete curb, gutter and sidewalk,
drainage improvements and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and the approval of the
Department of Public Works[, within five (5) years f,-.,,,, the effeetive date r,f this
erdee] .
I. Should the applicant submit plans to develop a land use beyond that proposed in
the application, and 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 and Department of Transportation
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prior to Final Plan Approval. When required by the Department of Public Works,
the applicants shall implement, at no cost to the County, any transportation
improvements deemed necessary by the Department of Public Works.
J. The driveway connection to Kahakai Boulevard shall conform to Chapter 22,
County Streets, of the Hawaii County Code.
K. Install street lights and traffic control devices as may be required by the Traffic
Division, Department of Public Works. The applicant shall be responsible for the
design, purchase, and installation of such devices.
L. Any new construction, exterior renovation of existing structures and signage shall
conform to any design guidelines established by the Pdhoa Village Design
Guidelines.
M. All development -generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties.
N. All earthwork activity, including grading and grubbing, shall conform to Chapter
10, Erosion and Sedimentation Control, of the Hawaii County Code.
O. The method of sewage disposal shall meet 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-
M
7651 [Should any Femains of historic sites, such as r-eek walls, ter-r-aees, platfeffns,
she!! coneentrations or- human bur-ials be eneounter-ed, wor-k i
immediate area shall eease and the Depai4ment of hand and Natufal Reseur-ees
Stae ffister-ie Preservation Division (DLNR S14PD) shall be immediately
netified]. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
Q. If residential units are developed on the subject property, the applicant, successors
or assigns 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. The fair share contribution
for each lot shall be based on the actual number of residential units developed.
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 maximum combined value of
[$8,394.57]$11,018.76 per multiple family residential unit
([$13,081.99]$17,171.48 per single family residential unit). The total amount
shall be determined by the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit (single family residential units) shall be allocated
as follows:
[$4,140.80]$5,435.24 per multiple family residential unit
([$6,308.37]$8,280.39 per single family residential unit) to the County to
support park and recreational improvements and facilities;
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[$130.87]$171.78 per multiple family residential unit ([$304.32]$399.45
per single family residential unit) to the County to support police facilities;
[$402.57]$528.42 per multiple family residential unit ([$601.06]$788.96
per single family residential unit) to the County to support fire facilities;
• [$179.43]$235.52 per multiple family residential unit ([$263.15]$345.41
per single family residential unit) to the County to support solid waste
facilities; and
[$3340.90]$4,647.80 per multiple family residential unit
([$5,605.09]$7,357.27 per single family residential unit) to the County to
support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant, successors or assigns
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-. pursuant to Section 2-162. 1 (a) o
Hawaii County Code.
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,
W
Article 1, Hawai`i County Code relating to the 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, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements, including the
Department of Health.
U. An initial extension of time for the performance of conditions within this
amended ordinance may b�quested in accordance with Section 25-2-44,
subsections (c) and (d), of the Hawaii County Code. [An initialextension of ti
for- the per-feffnanee of conditions within the ofdinanee, with the exeeption of
Condition 14, may be gf anted by the Planning Director- upon the folio
eir-eumstanees:
N
......... . ........ ABLOMULLIM .. ...............
IRMIN
V. If the applicant fails to fulfill anv conditions of the zone change within the
specified time limitations, the Planning Director or County Council may initiate
the process for enactment of an ordinance reverting the affected property back to
its original zoning designation or a more appropriate zoning designation in
accordance with Section 25-2-43 of the Hawaii County Code. [Should any of the
conditions not be met or- substantially eampliedv6th in a tifnely fashion, the
Planning Dir-eetef may iflitiate rezoning of the subjeet afea to its or-iginal of mor-e
appropriate designation.]
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
, Hawai'i
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1148
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAPI
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