HomeMy WebLinkAboutBIL 177 Draft 01 2008-2010
COUNTY OF HAWAI'I
STATE OF HAWAI'I
BILL NO. 177
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 92 70 WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL-15,000 SQUARE FEET (RS-15) TO VILLAGE
COMMERCIAL - 10,000 SQUARE FEET (CV -10) AT NANA WALE HOMESTEADS,
PUNA, HAW AI'I COVERED BY TAX MAP KEY 1-5-014:007.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW An:
SECTION 1. Ordinance No. 92 70 is amended as follows:
"SECTION 1. Section [25 107] 25-8-26, Article [J.3- ~ Chapter 25 (Zoning Code) of the
Hawai) County Code 1983 (2005 Edition), is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at [Nanawale] Nanawale
Homesteads, Puna Hawai~i, shall be Village Commercial- 10,000 square feet (CV -10):
SECTION 2. [ This chango in district classification is conditioned upon the follo'.ving:]
In accordance with Section 25-2-44, Hawai' i County Code 1983 (2005 Edition) the
County Council finds the following conditions are:
ill Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
ill Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A.l Protection of the public from the potentially deleterious effects of
the proposed use, or
ill.} Fulfillment of the need for public service demands created by the
proposed use.
[/~. the applicant, its succesc;ors or assigns shall be responsible for complying ,vith all of the
stated conditions of approval.
B. the applicant shall secure Final Consolidation Approval of the subject properties 'Nithin
one year of the effective dated of the zone change.
C. the applicant shall secure Final Plan Approval for the proposed development within one
year from the date of Receipt of Final Consolidation Approval. To assme adequate time
for plan approval review and in accordance 'vVith Chapter 25 244 (Zoning Code), plans
shall be submitted to the Planning Department a minimum of forty five days prior to the
date by 'shich Final Plan Approval must be secured. Plans to be submitted shall indicate
existing and proposed structures, parking associated 'sith the proposed commercial uses,
drive"vay circulation and landscaping. The applicant shall site the proposed commercial
structures and provide landscaping for the purpose of mitigating noise and visual impacts
to adjacent properties.
D. construction of the proposed development shall commence ',vi thin one year from the date
ofreceipt of Final Plan Approval and be completed "vithin one year thereafter.
E. access to the proposed development from the Keaau Pahoa Road shall meet with the
appro'/al of the Department of Public Works.
F. should any unidentified sites or remains, such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pa'/ings or walls be encountered, work
in the affected area shall cease and the Planning Department immediately notified.
Subsequent "vode shall proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigati'/e measures have been taken.
G. all other applicable laws, rules, regulations, and requirements shall be complied '.'lith.
H. should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein may,
at the applicants' election, be satisfied by performance in accordance \vith the
requirements of the Unified Impact Fees Ordinance.
1. an Improvement District be implemented for improvements to that portion of the Keaau
Pahoa Road within the Pahoa Tovm proper, the applicant(s), its successors or assigns
shall automatically be a participant in the Improvement District.
J. an annual progress report shall be submitted to the Planning Director prior to the
anni versary date of enactment of the Change of Zone. The report address the status of the
compliance "vith the conditions of approval. This condition shall remain in effect until all
of the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
K. an extension of time for the performance of conditions "vithin the ordinance may be
granted by the Planning Director upon the follo'.ving circumstances:
1) the non performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicants, successors or assigns, and that are not
the result of their fault or negligence.
2) granting of the time extension "vould not be contrary to the General Plan or
Zoning Code.
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3) granting of the time exten8ion ',Vot.dd not be contrary to the original rea80ns for the
granting of the Change of Zone.
4) the time extension granted shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed 'vvithin one year may be
extended for up to one additional year), and
5) if the applicant should require an additional extension onimo, the Planning
Director shall submit the applicant's request to the County Council for appropriate
action.
Further, should any of the conditions not be met or substantially complied \vith in a
timely fashion, the Director shall initiate rezoning of the area to its original or more
appropriate designation.]
A. The applicant, its successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply, the
applicant shall submit the anticipated maximum daily water usage calculations as
recommended by a registered engineer, and a water commitment deposit in accordance
with the "Water Commitment Guidelines Policy" to the Department of Water Supply
within one hundred and eighty days from the effective date onhis ordinance.
C. The applicant shall install a reduced pressure tyPe backflow prevention assembly within
five (5) feet of the water meter on private property, which must be inspected and
approved by the Department of Water Supply prior to the issuance of a Certificate of
Occupancy.
D. Construction of the proposed improvements and related improvements shall be completed
within five (5) years from the effective date of this amendment. This time period shall
include securing Final Plan Approval from the Planning Director for the commercial
development. Plans shall identify structures, fire protection measures, landscaping and
maintenance plan, paved and striped parking stalls and driveway and other improvements
associated with the proposed uses. Plans shall include landscaping along property
boundaries for the purpose of mitigating any potential adverse noise or visual impacts to
surrounding properties. Landscaping shall be provided in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping Requirements)
standards for CV zones adioining a RS zone.
E. All driveway connections to Pahoa Village Road shall conform to Chapter 22, County
Streets, of the Hawai'i County Code.
F. A drainage study, if required, shall be prepared by a licensed civil engineer and submitted
to the Department of Public Works prior to receipt of Final Plan Approval. Any
recommended drainage improvements, if required, shall be constructed meeting with the
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approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy.
G. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Plan Approval.
H. The applicant, successors, or assigns develop residential units on the subiect property, the
applicant shall make its fair share contribution to mitigate the potential regional impacts
of the property 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 adiusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPr). The fair share contribution shall have a combined value
of$7.698.11 per multiple family residential unit ($11.996.63) per single family
residential unit). The total amount shall be determined with 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
unit) shall be allocated as follows:
1. $3.797.26 per multiple family residential unit ($5.784.99 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $120.01 per multiple family residential unit ($279.07 per single family residential
unit) to the County to support police facilities;
3. $369.17 per multiple family residential unit ($551.20 per single family residential
unit) to the County to support fire facilities;
4. $164.54 per multiple family residential unit ($241.32 per single family residential
unit) to the County to support solid waste facilities; and
~ $3.247.12 per multiple family residential unit ($5.140.06 per single family
residential unit) 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,
subiect to the review and recommendation of the Planning Director, upon consultation
with the appropriate agencies and approval of the County Council.
1. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, if applicable, the applicant shall comply with the requirements of Chapter
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11, Article 1, Hawai'i 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.
1. 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
K. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
L. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not be
limited to, the status of the development and to what extent the conditions of approval are
being complied with. This condition shall remain in effect until all of the conditions of
approval have been complied with and the Planning Director acknowledges that further
reports are not required.
M. lithe applicant should require an additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for appropriate action.
N. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more appropriate
designation. "
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
.,&.~ ~~~
COUNCIL MEMBER, COUNTY OF HAW ArI
Hilo, Hawai'i
Date ofIntroduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
,REfERENce. CcmIp. 621
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RS 15
AMENDMENT TO THE ZONING CODE
AMEN01NCS SECTION "25-t07 (PAHOA "ZONe MAP)
ARTICLe! ~, eHAPT~~ '215 (ZON'NEiI eoce, OF THe
HAII'lAII COUNTY eoce soy eHANS'Ne THE
OI9TRJCT CL..ASerPICATIOt-f PJlIltOM SINCSl...e FAMIL..."
~e510eNT!AL (R~-J!5' TO VILLAGE COMMERCIAL..
(CV-IO) AT NANA~AL.e HOMe5TeAO~, PYNA, HAI"IAJI.
PRePA~t!!D BY ~ pLANNIN<!r oepARTMENT
COUNT.,.. OF- HAV'lAlI
TMt< = 1- 5- 14 :. "7, e ANO "23 (pOR..'
Fee - .'S, }"l!)E)"2
EXH 'BIT IIAII
Camm. 621; Bill 177
(~At..TER -r: YAMASUCHJ)
REZ 716 HARA LAND DEV.
FOR REFERENCE ONLY