HomeMy WebLinkAboutBIL 168 Draft 01 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 168
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -23 (MOUNTAIN VIEW ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), 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 `OLA`A, PUNA, HAWAII, COVERED BY TAX MAP
KEY: 1 -8- 002:064.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -23, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
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 `Ola`a, Puna, Hawai`i,
shall be Village Commercial — 10,000 square feet (CV -10):
Beginning at the northeast corner of this parcel of land and on the southwesterly
side of Old Volcano Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "OLAA ", being 18,195.43 feet South and
18,479.17 feet West, thence running by azimuths measured clockwise from true South:
1. Along Old Volcano Road on a curve to the left with a radius of 102.00 feet, the
chord azimuth and distance being:
309° 30' 12" 33.75 feet;
2. 1° 59' 30" 12.70 feet along the remainder of Grant 4053 to
W. Wolters;
3. 37° 11' 57.43 feet along same;
4. 51 ° 39' 18.48 feet along same;
5. 320° 35' 97.14 feet along same;
6. Thence along Volcano Road, F.A.P. No. F -2(4) on a curve to the right with a
radius of 1,869.86 feet, the chord
azimuth and distance being:
51° 49' 71.31 feet;
7. Thence along Nichols Road on
a curve to the right with a radius of 20.00 feet, the
chord azimuth and distance being:
99° 17' 17" 28.96 feet;
8. 145° 40' 124.59 feet
9. 275° 01' 30" 20.50 feet
10. 237° 42' 30"
11. 231° 39'
12. 217° 11'
13. 181° 59' 30"
14. 228° 56'
44.61 feet
35.71 feet
44.11 feet
20.76 feet
4.38 feet
along Nichols Road;
along the remainder of Grant 4053 to
W. Wolters;
along same;
along same;
along same;
along same;
along same to the point of beginning
and containing an area of 13,785
Square Feet.
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 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1)
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
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(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant(s), 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(s) 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 (180) days from the
effective date of this ordinance.
C. The applicant(s) shall install a reduced pressure type backflow prevention
assembly within five (5) feet of the water meter on private property, which shall
be inspected and approved by the Department of Water Supply prior to the
issuance of a Certificate of Occupancy for any commercial use of the building.
D. Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to construction, the
applicants, successors or assigns 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 /or proposed structures, paved driveway access and
parking stalls associated with the proposed development. Landscaping shall also
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), Chapter 25 (Zoning
Code), Hawai`i County Code. Parking associated with any activities located on
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the subject property shall be maintained on -site and not within nearby road rights -
of -way.
E. No direct access shall be allowed to the subject property from Highway 11.
The applicant shall provide proper written documentation from the owner(s) of
Nichols Road that improvements to Nichols Road required by this ordinance are
permitted. This authorization shall be secured prior to the submittal of plans for
Plan Approval Review.
F. Prior to the issuance of a Certificate of Occupancy for any commercial use on the
subject property, the applicant(s) shall improve Nichols Road up to and including
the driveway access to the subject property to a minimum commercial - standard
pavement width of 18 feet with shoulder and drainage improvements within a
proposed 50 -foot wide right -of -way, which the applicants shall provide by a road
widening within the subject property equal to half the distance between the
existing right -of -way and the proposed 50 -foot wide right -of -way. Incorporation
of the additional right -of -way and required roadway improvements as part of
Nichols Road shall be accomplished prior to the issuance of a certificate of
occupancy for any commercial use. Along that side of the Nichols Road right -of-
way directly adjacent to the subject property and commensurate with the required
pavement improvements, the applicant(s) shall also provide a 5 -foot wide paved
shoulder with a 7 -foot wide paved drainage swale. All improvements to Nichols
Road shall comply with Department of Public Works (DPW) Standard Detail
R -33 and be constructed in a manner meeting with the approval of the DPW.
Concurrent with road improvement required by this condition, the applicant(s)
shall also provide any improvements to Highway 11 as may be required by the
State Department of Transportation to accommodate these required improvements
to Nichols Road and its intersection with Highway 11.
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G. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works prior to the issuance
of Final Plan Approval. Any drainage improvements, if required, shall be
constructed, meeting the approval of the Department of Public Works prior to the
issuance of a Certificate of Occupancy.
H. The method of sewage disposal shall meet with the requirements of the
Department of Health.
L 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.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR -SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR -SHPD when it finds that sufficient mitigation measures have been taken.
K. Should the applicant(s), successors or assigns develop residential units on the
subject property, the applicant(s) 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
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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 combined
value of $7,903.35 per multiple family residential unit ($12,316.47 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. $3,898.50 per multiple family residential unit ($5,939.22 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $123.21 per multiple family residential unit ($286.51 per single family
residential unit) to the County to support police facilities;
3. $379.01 per multiple family residential unit ($565.89 per single family
residential unit) to the County to support fire facilities;
4. $168.93 per multiple family residential unit ($247.75 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,333.69 per multiple family residential unit ($5,277.10 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,
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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.
L. 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.
M. 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,
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.
N. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements.
O. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
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 would not be contrary to the General Plan
or Zoning Code.
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3. Granting of the time extension would not be contrary to the original
reasons 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 within
one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicants' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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.
SECTION 4. This ordinance shall take effect upon its approval.
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
$EfERENOE Comm. 526
INTRODUCED BY:
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Comm. 526/Bill 168
SINGLE- FAMILY RESIOENCIAL -
10,000 SQFT (RS -10)
TO VILLAGE COMMERCIAL -
10,000 SQFT (CV -10)
TOTAL AREA 13,785 SQFT
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -23 (MTN VIEW ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE- FAMILY RESIDENTIAL - 10,000 SQFT (RS -10) TO
VILLAGE COMMERCIAL - 10,000 SQFT (CV -10),
AT `OLA`A, PUNA, HAWAII
TMK: (3) 1.8- 002:064
EXHIBIT "A"
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE: JUL 19, 2011
Souza and Mutliken
Mao 1313