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HomeMy WebLinkAboutORD 2025-008 2024-2026COUNTY OF HAWAPI ORDINANCE NO. STATE OF HAWAF1 25 8 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. -1- B. Site layout and building design for any new structure within the proposed commercial development shall adhere to any design guidelines established for Pahoa 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), Hawai `i 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 Hawaii, 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 chargepaid, 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.[c'—i'd the estifflated wElAe~ eineluding, but not lifnited te additional e storage and booster pump -2- 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]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 fteffl the effeefive date ef this wee] . 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 -3- 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 Pahoa 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[ , noticed]. 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 [$8-,394.57] 11018.76 per multiple family residential unit ([$ 4, )8r°°] 17171.48 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; -5- • [$43047] 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; [$1!79 43] 235.52 per multiple family residential unit ([$2"] 345.41 per single family residential unit) to the Countyto support solid waste facilities; and [$3—,540:90] 4 647.80 per multiple family residential unit ([$5,605.01] 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) of 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, M 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 be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaii County Code. An initial extension of *�-r� for- the per-fer-manee of eenditions within the oFdinane, with the 0 epti .., f Condition H, may be granted by the Planning Direeter- upon the fell *-g er-iginally granted for- per-for-manee (i.e., a condition to be per-fafffied -7- V. If the applicant fails to fulfill anv conditions of the zone chance 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 Planning Dir-eeter- may initiate rezoning of the subjeet area to its original or- more eenditions not be met or- substantially eemplied with in a tiRiely fashion, the 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. in SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Z2& ��< --- � COUNCIL MEMBER, COUNTY OF HAWAI`I Hilo , Hawaii Date of Introduction: December 18, 2024 Date of 1st Reading: December 18, 2024 Date of 2nd Reading: January 8, 2025 Effective Date: January 27, 2025 REFERENCE Comm. 1148 In OFFICE OF THE COUNTY CLERK t 1; j f; r VId County of Hawaii Hilo, Hawaii 1�17� ,r 7 Introduced By: Dr. Holeka Goro Inaba (B/R) Date Introduced: December 18, 2024 First Reading: December 18, 2024 Published: December 27, 2024 REMARKS: Second Reading: January 8, 2025 To Mayor: January 23, 2025 Returned: January 27, 2025 Effective: January 27, 2025 Published: February 7, 2025 REMARKS: ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Iagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. A prove 'Disapproved this day of VAywlxyy , 20 c�S MAYOR, O T OF HA WAI `I COUNCIL CHAIRPERSON C TY CLERK 225 Reference: C-1148/LAAC-79 Ord No.: 25i 8