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HomeMy WebLinkAboutREZ 20-241 PD RecRJulkowskiREZ UNFAV 6/22/2020 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DANNY JULKOWSKI CHANGE OF ZONE APPLICATION (REZ 20-000241) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that an unfavorable recommendation for a Change of Zone request from an Open (0) and Residential and Agriculture 1-acre (RA-la) to a Village Commercial(CV-10)zoning district be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Open (0) and Residential and Agriculture 1-acre (RA-1a) to a Village Commercial (CV-10) zoning district for the entire 11.707-acre parcel. If the requested land use entitlement changes are approved, the applicant's current proposed project includes plans to subdivide the 11.707-acre parcel into nine (9) buildable lots and one(1) road lot, including: One (1) 4.299-acre lot situated on the western side of the subject parcel for a proposed affordable housing development to include 36 "units" in seven (7) quad- plex and four (4) duplex buildings. According to the applicant, 60% to 80% of the units will be affordable to households with incomes at or below 140% of the median income. Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres which are slated for commercial development, including the possible future development of a hardware store. Five (5) commercial lots situated on the southern side of the subject property, each with a minimum land area of approximately 12,840 square feet (total 1.437 acres) to be sold to various commercial developers; and 1- One(1)road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac, and access road to the largest(residential) lot. Tentative plans call for securing subdivision approval by the end of 2020. Thereafter, the applicant will construct the necessary improvements within the subdivision. The estimated timeframe to complete the infrastructure improvements and obtain final subdivision approval is approximately 24 months. The estimated cost of improvements for this proposed project is 4,000,000. In considering a zoning amendment initiated by a property owner or other person which proposes to change the district classification of any property,the Planning Director shall consider the purposes of the existing and proposed district and the purposes of the Zoning Code (Chapter 25 of the Hawai`i County Code) and shall recommend a change in a district boundary only where it will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals,policies and standards of the General Plan. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan, Community Development Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. Based on these criterion, the primary factors for this unfavorable recommendation are: 1) the proposed request for Village Commercial (CV) zoning is not consistent with the goals, policies, and actions of the General Plan (GP), and 2) the proposed request is not consistent with the goals, objectives and actions of and South Kohala Community Development Plan (SKCDP), nor would it further the public necessity or result in an appropriate land use pattern in this region; therefore, the existing Open (0) and Residential and Agricultural (RA-1a) zoning district should be retained. The Change of Zone Request from an Open (0) and Residential and Agriculture 1-acre (RA-la) to a Village Commercial (CV-10) zoning district does not conform the 2- General Plan Land Use Pattern Allocation Guide (LUPAG) map for this area, which is designated as Open and Rural. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan GP) is a representation of the document's goals and policies to guide the coordinated growth and development of the County. The LUPAG map reflects a graphic depiction of the physical relationship among the various land uses and establishes the basic urban and non-urban form for areas within the County. This proposed request to change the zoning of the subject parcel to CV-10 does not conform with the General Plan LUPAG map, which designates most of the property as open (o) and a smaller portion as rural (rur). While the open designation is typically reserved for parks and other recreational areas, historic sites, and open shoreline areas, the rural designation includes existing subdivisions that have a significant residential component. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within the rural zoning district may include commercial facilities that serve the residential and agricultural uses in the area, along with community and public facilities. The rural zoning designation does not necessarily mean that these areas should be further subdivided into smaller lots as most lack the basic infrastructure (i.e., water, sewer) necessary to allow further subdivision. The proposed request to change the parcel to a CV-10 zoning district would allow for numerous permitted uses that are inconsistent with uses commonly associated with the open and rural LUPAG designations. It is also evident that the LUPAG designations for the previous Waikoloa Highlands project indicate there is a cogent relationship between the rural and open zoning designations with that of the current Residential and Agricultural 1-acre (RA-1a) and Open (0) County zoning of the subject parcels where a clear consistent intent in land use design is represented. The applicant has claimed that given the broad-brush nature of the General Plan LUPAG map designations, the subject parcel should be considered consistent with the medium density urban(mdu) zoning designation, which is located across Pua Melia Street approximately 360 feet west of the of the most western tip of the subject parcel. The Planning Department provided a determination on the GP LUPAG designation for the proposed property by letter dated June 3, 2019, stating the General Plan LUPAG map specifically identifies the subject property as 3- being within the open(ope) and rural (rur) designations, which follows the County zoning for the property. The adjoining property to the west and the area north of the property across Waikoloa Road are situated within the extensive agriculture (ea) GP LUPAG map designation. The nearest area within the medium density urban(mdu) GP LUPAG Map designation is located further west across Pua Malia Street, which is over one thousand (1,000) feet away along Waikoloa Road, where access from the proposed subdivision would occur. Even though the GP LUPAG map boundaries are broad brush, the property cannot be interpreted to be within the medium density urban designation given its distant location. The Change of Zone Request from an Open (0) and Residential and Agriculture 1-acre (RA-la) to a Village Commercial (CV-10) zoning district does not conform to the following goals, policies, and standards of the Land Use-General and Land Use- Commercial Elements of the General Plan. In addition to assessing the proposed project's consistency with the LUPAG map designation for the area, the proposed request is also assessed in relationship to its consistency with the goals, policies, and standards of the General Plan. The GP is the policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and infrastructure systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. The following outlines how the proposed request to change the zoning to CV-10 is not consistent with the listed goals, policies, and actions of the Land Use— General and Land Use— Commercial elements of the General Plan: Land Use—General Element Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. 4- As discussed previously, the proposed change to CV-10 zoning does not comply with the General Plan LUPAG map designations of the property, which are open and rural. As discussed below, the proposed change of zone request is also inconsistent with the General Plan districts goals, the regional plan for this area (the South Kohala CDP), and it is not compatible with the adjacent zoned areas, which are zoned Open, RA-1a, and A-5a. Additionally, the availability of public services, utilities (infrastructure) and access to this property are currently lacking to support this project. Lastly, the public need for this project is minimal as there is a large commercial area currently being constructed to the west, which is proposing a hardware store to provide support for this area. District Goals: For the South Kohala district, one of the Courses of Action in the General Plan Land Use- Commercial Element states the following: Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village, and in the resort areas. Do not allow strip or spot commercial development on highways outside of these primary commercial areas. The proposed project is inconsistent with this Course of Action as it is not located with the concentrated commercial area of Waikoloa Village and is creating a spot commercial development along Waikoloa Road outside of the primary commercial area. There are several commercial developments within the Waikoloa area. For a number of years, the main commercial area for Waikoloa Village has been the Waikoloa Highlands Center, which consists of a large market, restaurants, offices, personal service uses, gas station and other related establishments. This is located at the northwestern corner of the Paniolo Avenue/Pua Melia intersection. There is a new large commercial area called Waikoloa Plaza that is currently under construction, which is located southwest of the Paniolo Avenue/Pua Melia intersection and south of Waikoloa Village. Access by motor vehicles to the plaza will include two major entrances, one on Waikoloa Road and another on Pua Melia Street. The 130,000-square foot shopping center will encompass 19 acres, with 35 retail stores filling spaces from 800 to 35,000 square feet. The retail stores of Waikoloa Plaza will include a gas station, hardware store, food, health and fitness, and other retail establishments to serve the region. Additionally, this project is proposed to provide several hundred affordable rental units (the Lofts)upon completed. 5- Infrastructure: The subject property is not served with the required infrastructure, utilities, and transportation facilities to support the proposed CV-10 zoning and will require significant infrastructure improvements to establish the proposed commercial and residential uses. Public Need: The public need for this project has been greatly diminished with the development of the Waikoloa Plaza, which is currently under construction. Waikoloa Plaza has a lease for a hardware store and is proposing to build several hundred affordable housing units. Land Use—Commercial Element Commercial facilities shall be developed in areas adequately served by necessary services, such as water,utilities, sewers, and transportation systems. As mentioned previously, the subject property proposing the commercial development is not served with the required infrastructure, utilities, and transportation facilities to support the proposed CV-10 zoning and will require significant infrastructure improvements to establish the proposed commercial and residential uses. The following discussion highlights these issues: Water: Water services for Waikoloa Village are supplied by the West Hawaii Water Company (WHWC), a privately-owned and managed utility certified by the Public Utilities Commission of the State of Hawai`i (PUC). According to WHWC, the subject parcel is within the existing service territory and water is available subject to the issuance of a"will serve" letter and in accordance with WHWC's rules and regulations and associated infrastructure improvements. Despite the initial availability determination, water service for the project is not secured until such time as an Extension Agreement is executed and Contribution in Aid of Construction is paid. Any connections to WHWC systems are the responsibility of the developer/landowner. To date, the applicant has not provided evidence that they have taken any of the steps outlined above to secure water service for the proposed project. Wastewater: Sewer connection is proposed to be provided by the West Hawaii Sewer Company (WHSC), a privately-owned and managed utility certified by the Public Utilities Commission of the State of Hawaii, however, wastewater infrastructure is not currently available to the project area. Prior to the proposed subdivision connecting to wastewater utility lines, the WHWC will be required to obtain PUC approval to expand their service area as the proposed subdivision is not currently within the WHWC service area. If PUC approval is granted 6- the applicant or other entity will be required to construct the appropriate utility connection along Waikoloa Road meeting design standards approved by other State and County agencies. Staff notes the construction of a private utility within the County ROW may trigger the need for an Environmental Assessment (EA) prior to development. The applicant has not provided any indication the PUC is willing to approve the increase in distribution area for wastewater service nor has the applicant provided any alternative wastewater treatment plan should the PUC fail to support expanding the WHWC service area to this proposed project site. Transportation Systems: This application presents a proposal to create one (1) egress/ingress into the proposed mixed-use development located on the subject parcel. To date, no Traffic Impact Analysis Report (TIAR) was submitted as part of the application, and the applicant merely states that the proposed development of 36 residential units and nine (9) commercial lots will not generate the trips necessary to trigger a TIAR. The transportation facilities within Waikoloa Road, especially in the vicinity of the Paniolo Drive intersection are becoming increasingly inadequate to support the current and expected traffic conditions. Despite the applicant's proposed nine (9)-lot subdivision, the requested CV-10 zoning designation (with a minimum lot size of 10,000 square feet) would permit a maximum density of fifty (50) lots excluding land area to be set aside for roads, sidewalks, etc.) and would allow high intensity commercial uses beyond what is currently proposed. For this reason, the Planning Department indicated in writing to the applicant that, "...the proposed uses trigger the need for a Traffic Impact Analysis Report (TIAR) per Section 25-2-46 (d) of Hawai`i County Code (Zoning Code)." If the change of zone were approved, the permitted level of development of the CV-10 zoning designation would necessitate the need for a TIAR. Additionally, the applicant has provided limited details on the specific type/style of commercial development and therefore requires that the maximum zoning use of the subject parcel be considered during regulatory review. The requirement of the TIAR is not triggered by the construction of the housing units exclusively,but by the change of zone application itself. Pursuant to Hawaii County Code(HCC) 25-2-46(d(1), when the number of trips depends upon the exact future uses of the site, and those uses are unknown at the time of zoning amendment (e.g., types of commercial uses), the determination shall be based upon a typical mix of uses found in that zoning type in the community. Furthermore, the Department of Public Works (DPW) — Engineering Division 7- commented that a TIAR may be required and DPW-Traffic Division commented that the applicant, "shall construct the roundabout improvements to the intersection of Waikoloa Road and Paniolo Avenue, meeting with the approval of the DPW. The roundabout improvements shall be completed prior to the issuance of any Certificate of Occupancy for the subject property." Additionally, this proposal does not incorporate any traffic, intersection, pedestrian, or bicycling improvements to connect this development to the nearby Waikoloa Village and future Waikoloa Plaza. Community strategies focus on implementing traffic safety improvements along Waikoloa Road as portions of the two-lane Waikoloa Road is considered hazardous. Several community driven recommended traffic safety improvements for Waikoloa Road have been presented, more specifically, to construct paved shoulders for safe access, and to construct separated bicycle and walking paths along the roadway(i.e.,Waikoloa Road). Lastly, the applicant's request brings to light an issue that was highlighted by the South Kohala Community Development Plan Action Committee (AC) in a report titled "Paniolo Avenue-Waikoloa Road Intersection". In that report the AC states that the intersection of Waikoloa Road, Paniolo Avenue and Pua Melia Street at Waikoloa Village has become increasingly dangerous and needs safety improvements. The intersection is also steadily becoming busier, and certain routes necessitate a comprehensive review of the acceptable level of service (LOS) for this type of intersection when planning for future growth. The AC report further states that allowing development density to increase without proper traffic studies and built solutions would be a negligible permitting practice unless proper conditions or assurances are in place, and "...the requirement of the TIAR is not triggered by the construction of the housing units exclusively, but by the change of zone application itself." Options for developing improvements to the intersection have been considered in the past and added as developer obligations, but those have not resulted in producing the needed safety improvements. The AC believes that the project will certainly increase the amount of traffic on Waikoloa Road and congestion at the intersection. It heightens the urgency to address safety issues at the intersection via a traffic light or roundabout and provide another access road to the village. Therefore, the applicant's proposed project of nine (9) commercial lots with no specific tenants or commercial types, which is sited across the aforementioned busy intersection, appears to not have taken the 8- Waikoloa Plaza development into account when submitting this proposed change of zone. Despite the preceding, the applicant has deferred the pursuit of the TIAR and implementation of required traffic mitigation to the future if/when the commercial uses are developed. The proposed change of zone from an Open (0) and Residential and Agriculture 1-acre (RA-la) to a Village Commercial (CV-10) zoning district does not conform to the Waikoloa Village Conceptual Plan nor does it conform to the policies and strategies for Waikoloa Village in the South Kohala Community Development Plan. Regional and/or Community Development Plans are intended to implement the broad goals within the General Plan on a regional basis. They serve to designate and coordinate detailed development patterns and infrastructure needs throughout the County. The plans detail land use policies and infrastructure priorities, transportation, recreation, and other major land use policies within each area and must be developed with participation by the affected communities and adopted by ordinance by the County Council. The proposed change of zone request is not consistent with the policies and strategies of the South Kohala Community Development Plan (SKCDP), which was adopted by the Hawaii County Council, Ordinance 08 159 on November 20, 2008. The SKCDP was divided up into four (4) different "plans" addressing each of the four areas with the South Kohala District. These four (4) plans were the Waimea Town Plan, the Waikoloa Village Plan, the Kawaihae Plan, and the Puako Community Plan. The Waikoloa Plan included a Waikoloa Village Conceptual Plan that presents in graphic and narrative form general policies and strategies for the long-range — 20+ year look-ahead — future of Waikoloa Village. The Waikoloa Village Conceptual Plan identifies detailed development patterns and infrastructure needs for this specific area The proposed development does not conform with the Waikoloa Village Conceptual Plan, which identifies the subject property and immediate area as the No. 1 alternative for a community center and park. The location of the proposed development is not identified for commercial uses for the future of this area in the plan. Additionally, the Waikoloa Village Plan has four (4) main policies, which each policy has a number of strategies for implementation of these policies. These four(4) main policies are with an emphasis on 1) Provide Needed Infrastructure and Community Facilities for a Growing Community, 2) Environmental Stewardship, Sense of Place, Open Space, 3) Provide Transportation and Circulation Improvements in a Timely manner, and 4) Encourage Affordable 9- Housing and Smart Growth. The proposed development does not conform to the following policies and strategies of the SKCDP: Policy 1. Provide Needed Infrastructure and Community Facilities for a Growing Community. Strategy 1.1 Plan, Fund, and Construct a Community Center and Community Park. There has been considerable discussion within the Waikoloa community regarding the need for a Community Center and a Community Park. In January 2007, a "Community Center Planning Committee" was formed, consisting of a number of Waikoloa Village residents. Through a series of meetings and discussions, including extensive input from the Waikoloa community, the committee identified five alternative sites for a community center. As mentioned previously, the Waikoloa Village Conceptual Plan identifies the subject property and immediate area as the No. 1 alternative site for a community center and park. The location of the proposed development is not identified for commercial uses for the future of this area in the plan. The proposed development does not align with Strategy 1.1. Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops, stores, and small business opportunities. The SKCDP expounded in detail regarding the construction of the commercially zoned 45-acre parcel, which is the location of the proposed Waikoloa Plaza. The plan concluded that given the proposed square footage of the retail commercial space, it appears that the 45-acre commercial center at Waikoloa Village can provide for the population's local retail commercial needs for the next 15 to 20 years. Given that this proposed major commercial center will provide the commercial needs of the community for a given period of time upon its completion, the request to rezone another property to commercial, which is located outside of the identified commercial area for Waikoloa Village,would be untimely and inconsistent with Strategy 1.4. Policy 3. Provide Transportation and Circulation Improvements in a Timely manner. Strategy 3.6 Implement traffic safety improvements along Waikoloa Road. Portions of the two-lane Waikoloa Road are very hazardous. There are parts of the road that are curvy and steep. Furthermore, there are stretches of roadway with little or no paved shoulders, let alone any room on the roadway for bicyclists or pedestrians. Several suggested traffic safety improvements for Waikoloa Road include: 1) Construct paved shoulders that are of 10- a safe width, 2) Construct separated bicycle and walking paths along the roadway, and 3) Construct truck runaway ramps in appropriate locations along the roadway. As mentioned previously, this proposal does not incorporate any traffic, intersection, pedestrian, or bicycling improvements to connect this development to the nearby Waikoloa Village and future Waikoloa Plaza. In summary, when reviewing the overall direction of the SKCDP, we observed a clear direction of the plan to discourage further development of commercial lots east of Paniolo Road and Pua Melia Road as those lands provide a buffer between the Waikoloa Village (one of the fastest growing communities in the County) and the more rural/agricultural lands to the east. It should be noted that outreach during the formation of the SKCDP found that parks and outdoor recreation were one of the highest community needs as well as the inclusion of smaller playgrounds and community parks in the region. Adjacent to the future commercial center Waikoloa Plaza) there is an established U.S. Post Office and County Fire Station— it is in this area the community desires to concentrate the commercial and more "urban" uses and zoning. The applicant's proposal to construct housing in the rear of the subject parcel would necessitate an approximately 3,500-foot walk from the proposed residences to the Post Office; the walk to Waikoloa Plaza would be even further and would require crossing the busy Pua Melia/Waikoloa Road intersection. As discussed above, the proposed request to change the zoning district of the subject parcel from Open (0) and Residential and Agriculture 1-acre (RA-1a) to a Village Commercial CV-10) zoning district 1) is not consistent with the General Plan LUPAG map for this area, 2)is not consistent with the General Plan goals, policies and standards of the Land Use-General and Land Use-Commercial Elements of the General Plan, which includes not meeting the minimum concurrency standards for traffic, water, and wastewater for this commercial and residential development, and lastly, 3) does not conform to the Waikoloa Village Conceptual Plan nor does it conform to the policies and strategies for Waikoloa Village in the South Kohala Community Development Plan. Based on the preceding discussion, the Planning Director is recommending that the Leeward Planning Commission send an unfavorable recommendation for the proposed change of zone request to the Hawai`i County Council. 11- N• COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. OPIA*4044 Derr) AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) AND RESIDENTIAL & AGRICULTURAL—ONE ACRE (RA-la) TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET (CV-10) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-8-002:057. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waikoloa, South Kohala, Hawai`i, shall be Village Commercial— 10,000 square feet(CV-10): PARCEL A Beginning at the Southeasterly corner of this parcel of land, being also a point on the Southerly boundary of Lot 2-B-2-B and a point on the Northerly boundary of Lot 2- B-2-C, the coordinates of said point ofbeginning referred to Government Survey Triangulation Station "PUU HINAI" being 7,972.66 feet North and 2,326.87 feet West and running by azimuths measured clockwise from True South: Thence, for the next five (5) courses following along the remainder of Royal Patent 5671, Land Commission Award 8521-B. Apana 1 to G. D. Hueu: 1.111° 44' 07" 688.57 feet along Lot 2-B-2-C to a point; 2.259° 46' 854.64 feet along Lot 2-B-1 to a point; 3. 21° 44' 07" 244.00 feet along Lot 2-B-2-A to a point; 4.291° 44' 07" 259.09 feet along Lot 2-B-2-A to a point; 1- 5.76° 32' 361.68 feet along the remainder of Lot 2-B- 2-B to the point of beginning and containing an area of 4.299 Acres. PARCEL B Beginning at the therlrnthrof lane on the Southerly boundarySouof Lotwest2-B-2-B ycoander oaf pointispaon the Northd, erbly boundaryingalsoapoint of Lot 2-B-2-C, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 7,972.66 feet North and 2,326.87 feet West and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the reminder of Royal Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu: 1.256° 32' 361.68 feet along the remainder of Lot 2-B-2-B to a point; 2.291° 44' 07" 145.84 feet along Lot 2-B-2-A to a point; 3. 18° 03' 09" 208.92 feet along the remainder of Lot 2-B-2-B to a point; 4.111° 44' 07" 454.80 feet along Lot 2-B-2-A to the point of beginning and containing an area of 1.437 Acres. PARCEL C Beginning at the Northwesterly corner of this parcel of land,being also the Northeasterly corner of Lot 2-B-2-A and being a point on the Southerly side of Waikoloa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8,326.80 feet North and 1,688.99 feet West and running by azimuths measured clockwise from True South; 1.291° 44' 07" 455.27 feet along the Southerly side of Waikoloa Road to a point; Thence, for the next six (6) courses following along the remainder of Royal Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu: 2. 21° 44' 07" 565.00 feet along Lot 2-B-2-C to a point; 3.111° 44' 07" 461.92 feet along Lot 2-B-2-C to a point; 2- 4.198° 03' 09" 208.92 feet along the remainder of Lot 2-B-2-B to a point; 5. 291° 44' 07" 0.07 feet along Lot 2-B-2-A to a point; Thence, from a tangent azimuth of 291° 44' 07" following along Lot 2-B-2-A on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 6. 246° 44' 07" 28.28 feet to a point; 7. 201° 44' 07" 336.51 feet along Lot 2-B-2-A to the point of beginning and containing an area of 5.971 Acres. 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 (2016 Edition, as amended), 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 ofthe need for public service demands created by the -3 proposed use. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 4- RM-3 5 A-5a OPEN OPEN A-5a CV-10 A-5a CV-10 4/ A-5a O PARCEL B 4C. 34 RESIDENTIAL 8 AGRICULTURAL-ONE ACRE(RA-14)TO VILLAGE COMMERCIAL-10,000 SQUARE FEET(CV-10) Q 1.437 ACRES CV-20 CV-10 A-5a INA" 1040 Rp A 5a PARCEL A CV-10 O OPEN(0)TO VILLAGE COMMERCIAL- 10,000 SQUARE FEET(CV-10) 111* Q 4.299 ACRES A-50 41,*8,326 80'N 1,688.99'Wii PUyU HINAy!" I Z A-5acr CV-lo •• NIOPEN CV-la \ 1 I RM1.5 r ` I I i I I RA-la i PARCEL C OPEN(0)TO VILLAGE COMMERCIAL- RA-la OPEN 10,000 SQUARE FEET(CV-10) 5.971 ACRES RA-la 1/ 1 1/ OPEN // N Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP)ARTICLE 8, i''''''''' CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) AND RESIDENTIAL &AGRICULTURAL- ONE ACRE (RA-1 a) TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV-10) AT WAIKOLOA, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK:(3)6-5-002:057 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:May 6,2020 EXHIBIT"A" Pua Melia LLC Map: 1415