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COUNTY OF HAWAII •_' % •- STATE OF HAWAII
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BILL NO. 257
ORDINANCE NO. (DRAFT 2)
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 WAIAKAHIULA, PUNA, HAWAII, COVERED BY TAX MAP
KEY: 1-5-002:027 AND 1-5-114:020 (PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
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 Waiakahiula, Puna,
Hawai`i, shall be Village Commercial — 10,000 square feet (CV-10):
PARCEL "A"
Beginning at the west corner of this parcel of land, being also the southwest
corner of Lot 8-A, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PAHOA", being 3,255.90 feet South and 4,214.60 feet
East, thence running by azimuths measured clockwise from true South:
1. 212° 28' 197.04 feet along the remainder of R.P.
8095, L.C. Aw. 11,216, Ap. 40, Part
2 to Kekauonohi (Lot 3);
2. 302° 28' 82.08 feet along the remainder of R.P.
8095, L.C. Aw. 11,216, Ap. 40, Part
2 to Kekauonohi (Lot 8-A);
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3. 55° 05' 213.45 feet along same to the point of
beginning and containing an area of
8,087 Square Feet.
PARCEL "B"
Beginning at the east corner of this parcel of land and on the southwesterly side of
Puna Road, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PAHOA", being 3,091.19 feet South and 4,563.52 feet East, thence
running by azimuths measured clockwise from true South:
1. 58° 00' 152.00 feet along the remainder of R.P.
8095, L.C. Aw. 11,216, Ap. 40, Part
2 to Kekauonohi (remainder of Lot
8-A);
2. 54° 00' 224.92 feet along same;
3. 141° 37' 61.29 feet along the remainder of R.P.
8095, L.C. Aw. 11,219, Ap. 40, Part
2 to Kekauonohi;
4. 235° 05' 353.45 feet along the remainder of R.P.
8095, L.C. Aw. 11,219, Ap. 40, Part
2 to Kekauonohi;
5. 302° 28' 70.05 feet along Puna Road to the point of
beginning and containing an area of
21,750 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:
(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:
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(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. Prior to submitting plans for Plan Approval, the applicant shall secure Final
Consolidation Approval to consolidate Tax Map Key Nos. 1-5-002:027 and 1-5-
114:020 into one parcel.
C. Construction of the proposed development, as substantially represented by the
Applicant, or as permitted by its zoning district classification, shall be completed
within five (5)years from the effective date of this ordinance. 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. The future road
widening strip described in Condition H shall be delineated on the plan submitted
for Plan Approval, which shall be prepared by a professional surveyor licensed in
the State of Hawai`i.
D. Prior to submitting plans for Plan Approval, the applicant shall submit for all uses
on the property, the anticipated maximum daily water usage calculations as
prepared by a professional engineer licensed in the State of Hawai`i to the
Department of Water Supply (DWS). A water commitment deposit shall be paid
to the DWS prior to issuance of Final Plan Approval in accordance with Rule 5 of
-3-
the Department of Water Supply's Rules and Regulations. The applicant shall
construct necessary water system improvements as required by the DWS, which
may include, but not be limited to, installing an additional or larger water meter.
E. The applicant 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
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. The applicant shall implement any improvements required by the Fire Department
and/or Department of Water Supply to ensure that fire protection requirements can
be met for commercial zoning.
G. Should the applicant, 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 applicant 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.
H. A future road widening strip along the property's Pahoa Village Road frontage
shall be subdivided and dedicated, at no cost to the County, when required by the
Department of Public Works. The future road widening strip shall be measured 25
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feet from the existing centerline of the road and shall be delineated on the plan
submitted for Plan Approval, which shall be prepared by a professional surveyor
licensed in the State of Hawai`i.
The applicant shall provide their pro-rata share for the construction of full
improvements to the properties' 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 approval
of the Department of Public Works (DPW). The pro-rata share for roadway
improvements specified in this condition shall be determined by the DPW and
shall payable to the County of Hawai`i within six (6) months from the date that
formal notice is served upon the applicant, its successors or assigns by the DPW
regarding a program for the installation of curb, gutter and sidewalk
improvements along the frontage of Pahoa Village Road in proximity to the
subject property.
J. Driveway connection(s) to Pahoa Village Road shall conform to Chapter 22,
County Streets, of the Hawai`i County Code.
K. The method of sewage disposal shall meet with the requirements of the
Department of Health.
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
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
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M. If the applicant, successors, or assigns develop residential units 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 unit 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$8,754.58 per multiple family residential unit
($13,672.20 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:
• $4,318.39 per multiple family residential unit ($6,608.08 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
• $136.48 per multiple family residential unit ($317.37 per single family
residential unit) to the County to support police facilities;
• $419.84 per multiple family residential unit($626.84 per single family
residential unit) to the County to support fire facilities;
• $187.12 per multiple family residential unit ($274.44 per single family
residential unit) to the County to support solid waste facilities; and
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• $3,692.75 per multiple family residential unit ($5,845.47 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.
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. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
P. 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 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.
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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 applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
Q. 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 M MBER, CO Y OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1153.2
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/ PARCEL B
CV 0 SINGLE FAMILY l 011181WAL-10,0008aSARE FEET IRS-10)TO .
VILLAGE COMMERCIAL-10,000 SQUARE FEET(CV-10)
PARCEL A 21,750 SQUARE FEET
/ SOLE FAIRLY RESIDENTIAL-10,000 SQUARE FEET(R3-10)TO
VILLAGE COMMERCIAL-1'0,000 SQUARE FEET(CV-111) \ CV-10
8,087 SQUARE FEET CV-10
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3,255.90'5
4,214.60'E 3.091.19'5
"P SHOh 4,563-52 E
PAHOA"
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RM-2
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0 125 250 375 500
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 WAIAKAHIULA, PUNA, HAWAII
MAP PREPARED BY:
TMK:(3)1-5-002:027 and COUNTY OF HAWAII PLANNING DEPARTMENT
1-5-114:020(portion) DATE:June 29,2016
EXHIBIT "A" Ogasawara