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Home My WebLink AboutBIL 206 Draft 01 2014-2016 jo. COUNTY OF HAWAII -',.4)} STATE OF HAWAII BILL NO. 206 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 SINGLE—FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET(CV-10) AT NANAWALE HOMESTEADS, PAHOA, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-011:008 AND 1-5-011:009. 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 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 arca situated at Nanawale Homesteads, Pahoa, Puna, Hawai`i, shall be Village Commercial— 10,000 square feet(CV-10): Lot 7: Beginning at a point at the Southwest corner of this lot and on the North side of Government Main Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station "VILLAGE FLAG",being 1,253.21 feet South and 1,775.83 feet East, thence running by azimuths measured clockwise from True South: 1. 207° 56' 30" 181.04 feet along Lot 8; 2. 304° 58' 50.40 feet along Lot 35; 3. 28° 26' 30" 106.72 feet along Lot 6; 4. 114° 30' 3.50 feet along same; 5. 24° 35' 58.10 feet along same; -1- 6. 106° 27' 50.00 feet along the North side of Government Main Road to the point of beginning, containing an area of 8,439 square feet, more or less. Lot 8: Beginning at a point at the Southeast corner of this lot and on the North side of Government Main Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "VILLAGE FLAG", being 1,253.21 feet South and 1,775.83 feet East, thence running by azimuths measured clockwise from True South: 1. 109° 20' 51.00 feet along the North side of Government Main Road; 2. 207° 42' 30" 195.00 feet along Lot 9; 3. 304° 58' 51.60 feet along Lot 34 and Lot 35; 4. 27° 46' 30" 181.04 feet along Lot 7 to the point of beginning containing an area of 9,555 square feet, 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, flawai`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. -2- A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to submitting plans for Plan Approval, the applicants shall secure Final Consolidation Approval to consolidate Tax Map Key Nos. 1-5-011:008 and 009 into one lot. C. Plan Approval shall be required prior to the construction or installation of any new structure or development, or any addition to an existing structure or development according to Section 25-2-71(a)of the Zoning Code. All application(s) for plan approval and sign permit(s) shall be reviewed for consistency with the Pahoa Village Design Guidelines according to Section 25-7- 42 of the Zoning Code. D. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the applicant(s)shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicants are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. E. The applicants shall install a reduced pressure type backflow prevention assembly within five(5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. Installation of the backflow prevention assembly and relocation -3- and adjustment of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening strip along Pahoa Village Road. F. Should the applicants, successors or assigns develop a land use 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 prior to Final Plan Approval. The applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Pahoa Village Road that may be deemed necessary by the Department of Public Works. G. A fifteen (15) foot wide future road widening strip along the property's Pahoa Village Road frontage shall be subdivided and dedicated, at no cost to the County, prior to the issuance of a Certificate of Occupancy for any commercial use on the subject property. The applicants shall provide improvements to the property's frontage along Pahoa Village Road 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 and the approval of the Department of Public Works. The • improvements shall be located within the future road widening strip. These improvements shall be completed prior to issuance of a Certificate of Occupancy for any commercial use or when required by the Department of Public Works, whichever occurs first. H. Driveway connection(s) to the Pahoa Village Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. -4- The method of sewage disposal shall meet with the requirements of the Department of Health. 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 the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. If the applicants, successors, or assigns develop residential units on the subject property, the applicants, 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 deteiniined 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$8,667.10 per multiple family residential unit($13,506.70 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: 5- • $4,275.24 per multiple family residential unit($6,513.17 per single family residential unit)to the County to support park and recreational improvements and facilities; • $135.12 per multiple family residential unit($314.20 per single family residential unit)to the County to support police facilities; • $415.64 per multiple family residential unit ($620.58 per single family residential unit) to the County to support fire facilities; • $185.25 per multiple family residential unit($271.70 per single family residential unit) to the County to support solid waste facilities; and • $3,655.85 per multiple family residential unit($5,787.06 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants, 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. 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. The applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -6- N. An initial extension of time for the performance of conditions within the ordinance may be granted by the 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 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 applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. O. 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 arca 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. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C�� d CIL MEMBER, COUNTY r HAWAII , Hawai' Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 876 -8- R5-10 R5-10 115-10 R5-10 R5-10 RS-10 R5-10 LOT SINGLEFAMILYCOMRESIDENTIAL 110.000SSQUARE ET( V-10) TO RS-10 VILLAGE COMMERCIAL-10,000SS55QUARE FFEEi(CV-001 ASSS SQUARE FEET LOT SINGLE FAMILY EECLL 100000QUAREE FEET(CV-10) VILLAGE COMMERCIAL3,439 FEET FEET ALV-t0( 8,438 SQUARE FEET R5-10 R5-]0 CV-10 R5-10 RS-to CV-10 CV-10 V-10 CV-10 CV-I0 P� P as CV-10 P R5-15 CE Fuc CV-10 Pq EF 0 4,0R5-15 \ V N A-la 10 S CV-10 A a'225-11 Feet 0 250 500 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 SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10)TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV-10) AT NANAWALE HOMESTEADS, PAHOA, PUNA, HAWAII MAP PREPARED BY: TMR:(3)1-5.011000 AND COUNTY OF HAWAII, PLANNING DEPARTMENT (3)1-5-011:009 DATE January 28,2016 EXHIBIT"A" Ewing Mao 1371