HomeMy WebLinkAboutBIL 212 Draft 01 2012-2014 -JNSYOSN�,_•,,
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 212
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 1 ACRE
(A-1 a) TO VILLAGE COMMERCIAL—20,000 SQUARE FEET (CV-20)AT KEONEPOKO
HOMESTEAD LOTS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-007:061.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-26, 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 Keonepoko Homestead
Lots, Puna, Hawai`i, shall be Village Commercial—20,000 square feet(CV-20):
Beginning at the west corner of this lot,being also the north corner of Lot 8-C-2 of the
subdivision of Lot 8-C and on the southeast side of Kahakai Road, the coordinates of said
point of beginning referred to Government Survey Triangulation Station"PAHOA"being
756.35 feet north and 976.51 feet east, and thence running by azimuths measured
clockwise from true South:
1. 250° 34' 198.12 feet along the southeast side of Kahakai
road;
2. 340° 34' 219.87 feet along Government Land;
3. 70° 34' 198.12 feet along Lot 8-B of the subdivision of
Lot 8 of Keonepoko Homestead Lots;
4. 160° 34' 219.87 feet along Lot 8-C-2 of the subdivision of
Lot 8-C to the point of beginning and
containing an area of 1.00 acre, more or
less.
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:
(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.
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) years from the effective date of this 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), Hawai`i County Code.
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D. The applicant shall submit estimated maximum daily water usage calculations
prepared by a professional engineer licensed in the State of Hawai`i, and a water
commitment deposit in accordance with the"Water Commitment Guidelines
Policy" to the Department of Water Supply within 180 days from the effective
date of this 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. Should the estimated water usage exceed the current
water availability, extensive improvement will be required, including, but not
limited to additional source, storage and booster pump facilities.
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. 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
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and the approval of the Department of Public Works, within five(5)years from
the effective date of this ordinance.
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 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 Hawai`i 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 Hawai`i County Code.
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0. The method of sewage disposal shall meet with the requirements of the
Department of Health.
P. 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
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 per multiple family residential unit($13,081.99 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:
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• $4,140.80 per multiple family residential unit($6,308.37 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
• $130.87 per multiple family residential unit($304.32 per single family
residential unit) to the County to support police facilities;
• $402.57 per multiple family residential unit($601.06 per single family
residential unit) to the County to support fire facilities;
• $179.43 per multiple family residential unit($263.15 per single family
residential unit)to the County to support solid waste facilities; and
• $3,540.90 per multiple family residential unit ($5,605.09 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.
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.
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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,
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 the
ordinance, with the exception of Condition H, 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 applicant, 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).
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5. 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.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject 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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 716
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-26 (PAHOA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - 1 ACRES (A-1a) TO VILLAGE COMMERCIAL - 20,000 SQFT (CV-20)
AT KEONEPOKO HOMESTEAD LOTS, PUNA, HAWAII
MAP PREPARED BY:
TMK:(3)1-5-007:061 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:Nov.6,2013
EXHIBIT"A" Jerry and Erlinda Souza
Map:1342