HomeMy WebLinkAboutCOM 0526.020 2010-2012 JN<V Os H1k,'.
BRITTANY SMART X01 '�. Phone: (808) 961-8263
�� %� Fax: (808) 961-8912
Councilmember •�i.,
�,,.,�:* bsmart @co.hawaii.hi.us
Hawai`i County Council -• nom_:
District 6 •�1 --=wF:•r�•
Upper Puna, Ka`u, South Kona 46°f,
Hawai`i County Council
County of Hawai`i
25 Aupuni Street
Hilo, Hawaii 96720
TO: Dominic Yagong, Chair
and Members of the Hawai`i County Council
FROM: !ABrittany Smart, Council Member
DATE: August 31, 2012
SUBJECT: Proposed Amendments to Bill No. 168; An Ordinance Changing the District
Classification from Single Family Residential (RS-10) to Village Commercial (CV-
10) at TMK 1-8-002:064
Please find attached proposed amendments to Bill No. 168. The proposed amendments are being
submitted at the request of some of the neighboring property owners.
The proposed amendments are illustrated below by Ramseyer format with respect to the contents of
Bill No. 168 (material to be deleted is bracketed and stricken, material to be added is underscored).
1. Condition of Approval Item D is amended to read:
"D. Construction of the proposed development shall be completed with 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. Any large bay door openings must face Highway
11. 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. In addition, a solid noise-buffering fence shall be erected around the subject
property. Parking associated with any activities located on the subject property shall be
maintained on-site and not within nearby road rights-of-way. The applicants shall restrict
customers from off-site parking and provide ample signage to deter off-site parking. The
triangular area of Nichols Road fronting Highway 11 shall include landscaping to prevent
parking in that area."
Comm.No 5"4.-w'
Ref.To: 41
Serving the Interests of the People of Our Island Ref.Date in
Hawai`i County is an Equal Opportunity Provider and Employer
Page 2 Councilmember Brittany Smart
2. Condition of Approval Item E is amended to read:
"E. No direct access shall be allowed to the subject property from Highway 11. The
applicant shall provide proper written documentation [ -- . ' • - ' :•:
authorization shall be secured] that the applicant owns Nichols Road and has obtained
business insurance to cover the commercial use of Nichols Road prior to the submittal of
plans for Plan Approval Review. All improvements to Nichols Road required by this
ordinance must be constructed and maintained by the applicant at the applicant's expense
and the applicant must maintain appropriate liability insurance to cover the commercial
use of Nichols Road."
3. Condition of Approval Item F is amended to read:
"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] adjacent 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 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."
4. A new Condition of Approval Item H is added to read as follows:
"H. Prior to the issuance of a Certificate of Occupancy for any commercial use on the subject
property, the applicant(s) shall provide documentation that any compressor used on the
property is the quietest compressor available and will not exceed allowable noise levels as
established by the State Department of Health. Such compressor(s) must be located in a
special insulated cinder block room located within a proposed structure."
Page 3 Councilmember Brittany Smart
5. A new Condition of Approval Item I is added to read as follows:
"I. Commercial activity on the subject property shall be restricted to the hours of 8:00 a.m. to
5:00 p.m., Monday through Saturday. Auto body repair and auto body painting shall not be
conducted on the subject property."
6. Current Condition of Approval Items H through 0 are re-lettered accordingly.
A draft copy of Bill No. 168, Draft 2, with these proposed amendments incorporated is attached.
Thank you.
BS:nh
Att.
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 `O1a`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 along Nichols Road;
9. 275° 01' 30" 20.50 feet along the remainder of Grant 4053 to
W. Wolters;
10. 237° 42' 30" 44.61 feet along same;
11. 231° 39' 35.71 feet along same;
12. 217° 11' 44.11 feet along same;
13. 181° 59' 30" 20.76 feet along same;
14. 228° 56' 4.38 feet 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
(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.
- 2 -
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 with 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. Any large bay door openings must face Highway
11. 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. In addition, a solid noise-
buffering fence shall be erected around the subject property. Parking associated
with any activities located on the subject property shall be maintained on-site and
not within nearby road rights-of-way. The applicants shall restrict customers
from off-site parking and provide ample signage to deter off-site parking. The
triangular area of Nichols Road fronting Highway 11 shall include landscaping to
prevent parking in that area.
E. No direct access shall be allowed to the subject property from Highway 11. The
applicant shall provide proper written documentation that the applicant owns
Nichols Road and has obtained business insurance to cover the commercial use of
Nichols Road prior to the submittal of plans for Plan Approval Review. All
improvements to Nichols Road required by this ordinance must be constructed
and maintained by the applicant at the applicant's expense and the applicant must
maintain appropriate liability insurance to cover the commercial use of Nichols
Road.
- 3 -
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 adjacent 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 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.
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. Prior to the issuance of a Certificate of Occupancy for any commercial use on the
subject property, the applicant(s) shall provide documentation that any
compressor used on the property is the quietest compressor available and will not
exceed allowable noise levels as established by the State Department of Health.
- 4 -
Such compressor(s) must be located in a special insulated cinder block room
located within a proposed structure.
I. Commercial activity on the subject property shall be restricted to the hours of
8:00 a.m. to 5:00 p.m., Monday through Saturday. Auto body repair and auto
body painting shall not be conducted on the subject property.
J. The method of sewage disposal shall meet with the requirements of the
Department of Health.
K. 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.
L. 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.
M. 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
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
- 5 -
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,
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.
- 6 -
N. 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.
O. 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.
P. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements.
Q. 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.
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).
- 7 -
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.
- 8 -