HomeMy WebLinkAboutORD 2009-168 2008-2010
COUNTY OF HAWAII STATE OF IIAWAI`I
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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 NANAWALE HOMESTEADS,
PUNA, HAWAII COVERED BY TAX MAP KEY 1-5-014:007.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 92 70 is amended as follows:
"SECTION 1. Section [25-107] 25-8-26, Article [318 Chapter 25 (Zoning Code) of the
Hawaii 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 [Nanawa e] Nanawale
Homesteads, Puna Hawaii, shall be Village Commercial - 10,000 square feet (CV-10):
SECTION 2. [ This charge in distr et elass;fioation nditioned upon the fellowing:]
In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition) the
County Council finds the following conditions are:
Necessary to 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.
[A. the applieatit, its sueeessors of assigns
stated coiiclitions of appfoNa4-.
B. the applicant shall sectife Final Consolidation Approval of the subject pr-opefties within
one year of the effeetive dated of the zone change,
G. the applioant shall seoufe Final Plan Appfoval for- the pfoposed development within one
ye-af ffom the date of Receipt of Final Consolidation Appfoval. To assur-e adeqUate tiflie
for plan appFEWHI Fffi&V ;Ifld in aeeofdanee with Chapter- 25 244 (Zoning Code), plans
shall be submitted to the Planning Department a minimutm of fofty five daYs pfiof to the
date bywhich Final Plan Appfoval must be seetifed. Plans to be submitted shall indieate-
dfiveway eifeulation and landscaping. The applieant shall site the proposed eommefeia4
StRietur-es and pr-ovide landseaping fof the purpose of mitigating noise a d visual impact-s
to .,,a;.,^ent n eFt1eS
D. construction of the proposed development shall eommenee within one yeaf ffom the date-
of reeeipt of Final Plan Appfoval and be eompleted within one yeaf thefeaftef.
E. a6cess to the pFoposed development ffem the Keaau Pahoa Road shall meet with the
1 of the Den.,,-t,-.,e,-.t of'Dti1.1;e Wofk-s
F. should any unidentified sites of feinains, sueh as aftifaets, shell, bone, of ehaFeo-a4
deposits, human > >
in the affeeted afea shall eease and the -Planning Depai4ment immediately notified.
v v.w~„ "1'.,0"1"";"„1 i
Subsequent ~ shall v " v`v'v u-L "1"'11 Nnivvv eve'1u upon an ui,-vuuvviv~ivu "lo^,-.,n"o ffof the Planning
laws, Department when it finds that suffieient mitigative meastifes have been taken-.
G. all othef applicable , , and feqUiFements shall be eomplied with.
H. should the Gotineil adopt a Unified Impaet Fees Ofdinanee setting fefth efitefia fof the
at- the applioants' eleetion, be satisfied by peffofmanee in aecofd-a-nee with the
nts of the Unified impact Fees Ofdin„nee
i. an impfovement Distfiet be implemented fer- improvements to that poftion of the Keaau
Pahou Road within the D" hou iuvvu Town n Yivyvi, the the uYYi nlicuini~`tlsolJ, its
i uiivu,the u~,v
stiocessofs of
shall autom.,tic lly he afticin.,nt in the Improvement Dist,-;,.t
j. an annual progess fe-port shall be submitted to- the -Planning Difectof pfiof to t4e
eemplianee with the eonElitions of apf)FON,al. This condition shall femain in effeet until
of the vv~, ,-.rlu;tions „4'.,,-., uYY„i iiuv~. been -v,..,.,1vui have been vvuiY nl;ed with and the Pla n;ng Di,-eeto
v, the „ii.~ of u~
eL, owledges that f',,,-the,- oft" afe of requireE1.
K. an extension of time for- the per-f6finanee of eonditions within the ofdinance may-43,e
ragranted by the Planning Difeeto f upon the following "tanee
1) the non per-foFmanee is the result of eonditions that eould not have been foreseen
he beyond the control of the annlirant~ that not
or ....e .~..`J'.",...... the .J.~..u of ....t.r...~........,, v...vvv.,.,vi.~ of ..assigns, and d „iut c ur-~ ~ vvc
the restilt of the;,- fault of negligenee.
2) gFanting of the time extension would not be eontraFy to the Geriefal Plan o
Zoning ('ode
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granted granting of the time extejision would iiet be eontrar-y to tile OFigillai FeaSoilS for-
grantin of the Change of Zoiie.
4) the time extension gFanted shall be for a period not to exeeed the period origina4ly
a condition to be peFfoFmed Within one year May be
extended for up to one additional yeaf), and
5) if the applieant should Fequir-e an additional extension Of time, the Planning
Director shall submit the applicant's request to the County Counoil fOF
zact'cron.
SF n } be L11~
~~C'~L7Z~, should any of the eon]"Cditi[7_ 7a met of substantially ompli d with GC-in
timely fashion, the DiFeetof shall initiate rezoning of the area to its oFiginal
mappropriate 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 of this 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 adjoining a RS zone.
E. All driveway connections to Pahoa Village Road shall confonn to Chapter 22, County
Streets, of the Hawaii 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 subject 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 maybe adjusted annuall~beginnin 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 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 Count.. to support fire facilities;
4. $164.54 per multiple family residential unit ($241.32 per single family residential
unit) to the Count ty pport solid waste facilities; and
5. $3,247.12 per multiple family residential unit ($5,140.06 per single family
residential unit) to the Count ty pport road and traffic improvements.
In lieu of pang 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,
subject 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
-4-
t t, Article 1, Hawaii 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.
7. 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. If the 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:
P7-~
COUNCIL MEMBER, COUNTY OF HAWAII
Kona,,Hawai `i
Date of Introduction: December 2, 2009
Date of Ist Reading: December 2, 2009
Date of 2nd Reading: December 16, 2009
Effective Date: December 30, 2009
REEERENCEe C4nvW 621
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AMAENDMENT TO THE ZONING CODE
AMENDING SECTION -2.5-107 (PA140A ZONE MAP)
AIRTIML.L CHAI°TMIQ 2E3 (ZoN1Ns CoDle-w) of THC
HAWAII COUNTY CODE E50y CHAN4511443 THE
DISTRICT CLASll51?=ICA-T-1O I FIROM 91HOLM I=AMIILy
IReSIDeNTIAL (tee-I3' To VILLAGE C0MMEI4CIAL.
(CV-10) AT NAN^V4ALS HOMESTEADS, PUNA, HAWAII.
P)`ZGf~AteCCO ~gy a p1..AN?41Nt'3 0 PARTMENT
cour-+T7' or-
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EXHIBIT A' comrJ. 621; Bill 177 (NAUTUR ~
REZ 716 HARA LAND DEV.
FOR REFERENCE ONLY
OFFICE OF THE COUNTY CLERK
County of Hawaii F
Kona, Hawaii ' `(,"'P/
Introduced By: Donald Ikeda L AIfW E
Date Introduced: December 2, 2009 5' - NOES ABS EX
z ~ r- -
First Reading: December 2, 2009 Enriques
Published: December 12, 2009 Ford X
Greenwell X
REMARKS: Hoffmann X
Ikeda X
Naeole-Beason X
Onishi X
Yagong X
Yoshimoto X
Second Reading: December 16, 2009 8 1 0 0
To Mayor: December 24, 2009
Returned: December 30, 2009
ROLL CALL VOTE
Effective: December 30, 2009 AYES NOES ABS EX
Published: January 8, 2010
Enriques X
Ford X
REMARKS: X
Greenwell
Hoffinann X
Ikeda X
Naeole-Beason X
Onishi X
Yagong X
Yoshimoto x
7 1 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGAY:
LIT
COUNCIL CHAIRMAN
DEPUTY CORPORATION C NSEL
COUNT OF HAWAII V. ~
EC 2 S 2009 COUNTY CLERK
Date
Bill No.: 177
Reference: C-621/PC-56
App v /D' approved this day
Ord No.:
of 200LI
MAYOR, COUNTY OF HAWAI `I