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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (REZ-21-249_PL-REZ-2021-007) MaggulaREZ.EC.10.1921 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION RAJA DAGGULA CHANGE OF ZONE APPLICATION (REZ 21-000249/PL-REZ-2021-000007) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone from Single-Family Residential—20,000 square feet(RS-20) to Village Commercial— 10,000 square feet (CV-10)zoning district for .835 acres of land 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 favorable recommendation is based on the following findings: The applicant is requesting to change the zoning district from a Single-Family Residential —20,000 square feet(RS-20)to a Village Commercial— 10,000 square feet (CV-10) zoning district for .835 acres of land, in order to establish a 3-unit short term vacation rental (STVR) complex that will consist of three (3) one-story single-family dwellings. The applicant originally proposed one (1) one-bedroom dwelling (approx. 900 sq. ft.), one (1)two-bedroom dwelling (approx. 1,500 sq. ft.), and one (1)three-bedroom dwelling (approx. 3,060 sq. ft.), for a total of six (6)bedrooms within the complex. In response to public testimony the applicant has refined their project concept to reduce the overall square footage of each proposed STVR unit in order to reduce its overall footprint on the land and reduce the amount of clearing that will be required to construct the rental units. The revised proposal includes one (1) one-bedroom dwelling (approx. 1,077 sq. ft.), one (1)two-bedroom dwelling (approx. 1,077 sq. ft.), and one (1) three-bedroom dwelling (approx. 2,209 sq. ft.). The applicant has also revised their plan to operate a Short Term Vacation Rental (STVR) and have opted to operate as a hosted rental. In the revised proposal the lower level of the three-bedroom dwelling will be used as the living quarters for the vacation rental host/manager. -1- The applicant also proposes to construct a 6-stall on-site paved parking area with one (1)paved stall designated for accessible van parking. The applicant state that there will be a minimum of two (2) septic systems installed to service the three (3) STVR units and accommodate for the proposed six (6)bedrooms as well as an on-site potable water holding tank and separate rain catchment system for fire suppression requirements. Please note that should the change of zone to CV-10 be approved,the 36,373 square foot lot could be subdivided into a maximum of three (3) lots and any use permitted in the CV zoning district could be established on the property. 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 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. The change of zone request from an RS-20 to a CV-10 zoning district conforms to applicable goals,policies and standards of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The request to change the zoning to a CV-10 district conforms to the LUPAG Map,which designates the property and the surrounding area as Medium Density Urban. Such designation allows village and neighborhood commercial and single family and multiple family residential and related functions. In addition to being consistent with the LUPAG Map, the request would also support the following goals and policies of the General Plan Land Use and Economic elements: ■ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. ■ Provide for commercial developments that maximize convenience to its users. -2- ■ Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. ■ Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. ■ Preference shall be given to commercial lands with a reasonably level topography. ■ Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. ■ Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. ■ Provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural,natural and social environment. In addition, the proposed change of zone is consistent with the Puna Community Development Plan (PCDP), as the subject property is situated within the Volcano Community Village Center located along Old Volcano Highway between Haunani Road and Wright Road as designated by the PCDP. Volcano Village is designated as a "Community Village Center"in the Puna CDP. Per the CDP, the typical components that exist within a Community Village Center are as follows: "Between 20 and 40 small tenant spaces for retail and personal services,repair shops, community park, elementary or middle school, community center and outdoor events area,bed-and-breakfast homes and small inns, elderly or other special needs housing,transit stop,medical clinic, walking and bicycling paths." Finally,the proposed change of zone is in alignment with the Draft Volcano Long Range Plan as Old Volcano Road is in the proposed business district in the draft plan. However, the Volcano Community Association (VCA) expressed their opposition to the project as well as their opposition to the establishment of a Short-Term Vacation Rental (STVR) operation in Volcano Village. Finally, the VCA expressed a desire for the retention of as many `Ohi`a trees and other native trees and plants on site as possible. The applicant has stated that they intend to preserve as -3- much of the existing `Ohi`a tree canopy as possible, and have altered their project proposal in response to public comments to further reduce the size of the dwelling footprints on the forest floor. Additionally, a condition of approval has been added to require the applicant to construct the proposed project, or any future project,in a manner that is consistent with the character and style of the surrounding neighborhood in order to maintain the historic and rural character of Volcano Village. The change of zone from RS-20 to a CV-10 zoning district will not result in a substantial adverse impact upon the surrounding area, community or region. The property is rectangular in shape with approximately 134 feet of frontage along Old Volcano Road and the topography is fairly level. The entire property is heavily vegetated with a canopy of`Ohi`a trees and the understory of hapu`u ferns,uluhe ferns,various shrubs and grasses as well as other native and introduced vegetation. The eastern boundary of the parcel is bordered by a private roadway owned by Robert and Pi`ilani Mason. There is a mixture of residential,village commercial and agricultural zoning and uses in the area. Several properties directly adjacent to the west are zoned Village Commercial (CV-10) and consist of the existing Kilauea Lodge facilities. Properties adjacent to the north and east are zoned Single-Family Residential (RS-20) and consist of residential dwellings; the property to the directly to the south (across Old Volcano Road) is zoned agricultural (A-20a). The subject property is located approximately one (1) mile from the Volcano School of Arts and Sciences and approximately 0.3 miles from the Cooper Center, and proximate to commercial areas, a hardware store and post office. The Volcano Community Association (VCA) as well as ten (10) other community members have submitted written testimony in opposition to the proposed project associated with the Change of Zone application. The two main issues that were presented in these testimonies is opposition to the establishment of an STVR operation in Volcano Village, as well as opposition to the clearing and removal of the native ohi'a forest on the subject property. In response to the public testimony received concerning the operation of the proposed STVR the applicant has elected to operate the vacation rentals as hosted rentals in hopes to address the concerns of the community surrounding the previously -4- proposed un-hosted STVR operation. In response to the opposition to cutting and clearing the native forest on the subject property the applicant elected to reduce the ground level square footage of the three (3)vacation rental units in order to reduce the size of the building footprints on the forest floor. Additionally, the applicant has stated that construction of the proposed vacation rental operation will be executed in a manner that will preserve as much of the existing native forest as possible. A condition of approval could be added to limit the uses on the property to only a hosted vacation rental or exclude STVR's; however,the legality of this is uncertain since zoning allows a full range of permitted uses. All essential utilities and services are available to the site. The subject parcel is currently undeveloped and has no existing driveway connection. Proposed access to the project site is via Old Volcano Road, a two (2) lane, County owned and maintained roadway with approximately 38 feet of pavement within an existing 50-foot right-of-way with no curb, gutter, or sidewalk improvements. The applicant proposes to include on-site paved parking for six (6)vehicles, one of which will be handicap van-accessible. Standards for commercial zoning include requirements for paved driveways and parking, therefore, the applicant will be required to pave the driveway(s) for the subject development. The preceding will be added as a condition of approval. Based on the proposed zoning, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's entire Old Volcano Road frontage 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. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department. Currently there are no functional classifications for the roads in the Volcano Village area. However, Old Volcano Road fits the description of a Minor Street,which requires a minimum right-of-way of 50 feet. Since the existing right-of-way is 50 feet,the Planning Department will not require a future road widening setback. DPW recommends that all driveway connections meet the requirements of Hawaii County Code and that the -5- applicant install any required street lights or traffic control devices that may be necessary, with design purchase and installation being the responsibility of the applicant. The applicant is requesting relief from the roadway shoulder improvements consisting of but not limited to, pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and any required utility relocation along the property's Old Volcano Road street frontage, given lack of similar improvements fronting other properties along the same roadway as well as to maintain the rural character of Volcano Village. The Planning Department recommends forgoing the standard requirements at this time for roadway improvements for commercial zoning which include pavement widening, and curb, gutter, sidewalk improvements at full cost to the applicant. Instead, the Planning Department recommends a condition be added that requires the applicant to provide their pro-rata share for the construction of full improvements to the entire property frontage along Old Volcano Road at such time a program for the installation of curb, gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road is enacted. This is similar to the condition included in the adjacent rezone, TMK: 1-9-004:004, to village commercial granted in 2020, and therefore the preceding will be added as conditions of approval. According to the applicant, the proposed development is anticipated to generate three (3)vehicle trips during the PM peak hour and should not have a significant adverse impact to traffic along the Old Volcano Road. Given the small scale and scope of the project, a TIAR was not performed as the project conforms to the County's concurrency requirements. Should the Applicant develop a land use which will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be submitted prior to Final Plan Approval. The preceding will be added as a condition of approval. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The property is located in flood zone"X"which is an area determined by FEMA to be outside the 500-year flood plain. According to the Department of Water Supply (DWS),the subject property is not within the service limits of their existing water system facilities. Section 25-2-46 (n) -6- Hawaii County Code, related to concurrency states, "to facilitate the development of village centers in rural areas that are not currently served by a public water system, the council may waive the water supply requirements for rezonings for commercial or light industrial uses in areas that do not currently have a public water system, and where the department of water supply has no plans to build a public water system, and which are (1) designated as an "urban or rural center"or "industrial are"on Table 14-5 ofthe General Plan and(2) designated for urban use on the Land Use Pattern Allocation Guide Map of the General Plan;provided that conditions ofzoning shall require water supply consistent with public health and safety needs such as sanitation and firefighting." Volcano Village is listed as an Urban/Rural Center on Table 14-5 of the General Plan; therefore,this section of the Zoning Code applies. The proposed project will include a stand-alone rainwater catchment tank for Fire Department use, and a separate water holding tank for potable water. The applicant will be required to comply with Fire Department requirements for fire suppression water availability. The preceding will be added as a condition of approval. There is no County sewer in the area so the applicant will be required to install an individual wastewater system meeting with the requirements of the State Department of Health. The applicant states that a minimum of two (2) septic systems will be installed to service the three (3) single-family dwellings. The preceding will be added as a condition of approval. There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers, or the STVR operator, who will dispose of the refuse at authorized landfill sites. Electrical, telephone and internet services are available to the property. Police services are available in Kea`au, fire services are available in Volcano and medical services are available in Hilo. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately twelve (12)-miles from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. -7- There is no record of a designated public access that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The State Historic Preservation Division (SHPD) stated they have no objections to the proposed development. However, SHPD requests an opportunity to review any future permits involving ground disturbing activities related to proposed development of the subject parcel. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: ■ Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. ■ The valued cultural, historical, and natural resources found in the rezoning area: No professional archaeological and cultural study was conducted of the property. According to the applicant,no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. SHPD reported that the subject property is located within the boundaries of the Historic Volcano Residential District(State Inventory of Historic Places [SIHP] 50-10-53-07414). According to SHPD this district does not have any official design guidelines or restrictions associated with it. No professional floral or faunal survey was conducted of the property. The applicant reports that the property is currently heavily vegetated with an extensive canopy of`Ohi'a trees and a dense understory of both native and introduced plant species such as Hapu'u fern, uluhe (false staghorn fern), waiwi (strawberry guava), and various weeds and grasses. The property and surrounding areas are known habitats for several native plants,birds and invertebrates. In addition, introduced bird species such as dove, Japanese White-eye, house finch, myna -8- birds are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also present. These animals are all common and not endangered. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW)the Hawaiian Hawk or 'Io (Buteo solitarius) is known to occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or'Ope'ape'a(Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1St through September 15th. Finally DOFAW reported that the Hawaiian Goose or Nene (Branta sandvicensis)may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species. The Department of the Interior: Fish and Wildlife Service was unable to provide an in depth review of the project due to significant workload constraints, however they provided a list of species most likely to occur within the vicinity of the project area. The following species may occur within the vicinity of the project area: Hawaiian Hoary Bat, Hawaiian Goose or Nene, `i`wi, Band-rumped storm-petrel, Hawaiian petrel,Newell's shearwater, Hawaiian Hawk, Blackburn's sphinx moth, `akd, and the ha`iwale. The USFWS provided guidance on measures to avoid and minimize project impacts to the listed species. ■ Possible adverse effect or impairment of valued resources: Native plants and/or endangered species may be impacted by proposed ground alteration and development. Conditions of approval will be added to mitigate these impacts. ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore,no action is necessary to protect these rights. Lastly,this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements -9- in connection with the proposed use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings,the request to rezone the property from a Single- Family Residential- 10,000 square feet(RS-10) zoned district to a Village Commercial - 10,000 square feet (CV-10)zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-23 (Volcano-Mountain View), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code (2016 Editions,As Amended), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -io- 4�M�V`OF h{`�pi COUNTY OF HAWAII +_ STATE OF HAWAII ri�•oF•rr.M� BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (VOLCANO -MT. VIEW ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL, 10,000 SQUARE FEET (CV-10)AT `OLA`A SUMMER LOTS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-9-004:051 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3,Article 8, Chapter 25 (Zoning) of the Hawaii 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 `Ola`a Summer Lots, Puna, Hawaii, shall be Village Commercial, 10,000 square feet(CV-10): Beginning at the east corner of this parcel of land, and on the west side of Volcano Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station "KULANI"being 32,457.47 feet South and 23,782.01 feet East and running by azimuths measured clockwise from True South: 1. 530 54' 134.80 feet along the west side of Volcano Road; 2. 1490 31' 278.73 feet along Lot 11; 3. 2390 31' 134.15 feet along Lot A; 4. 3290 3 P 265.54 feet along Lot K to the point of beginning and containing an area of 0.838 acre. -1- 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, Hawaii 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 of the need for public service demands created by the proposed use. INSERT CONDITIONS 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. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- Mag W IaREZ.EC.10.13.21 RAJA DAGGULA CHANGE OF ZONE APPLICATION (REZ 21-000249 /PL-REZ-2021-000007) CONDITIONS OF APPROVAL A. The applicant, successors or assigns (Applicant) shall be responsible for complying with all of the stated conditions of approval. B. The Applicant shall meet all requirements of the Department of Health for a Public Water System for potable and sanitation water and shall comply with Fire Department requirements for firefighting water purposes for the proposed development. The on-site water system improvements, including the development of sufficient water storage capacity, shall be completed prior to Certificate of Occupancy and storage tanks shall remain filled with sufficient water to meet all applicable Department of Health and Fire Department requirements. C. Construction of the proposed development, or any other development on the subject parcel permitted within the Village Commercial (CV) zoning district classification, shall be built in a manner that is consistent with the character and style of the surrounding neighborhood in order to maintain the historic and rural character of Volcano Village. D. Construction of the proposed development, as substantially represented by the applicant, or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction,the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all proposed structure(s),paved driveway access and 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's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. E. The Applicant shall provide their pro-rata share for the construction of full improvements to the entire property frontage along Old Volcano Road consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation meeting with the approval of the Department of Public Works (DPW). This pro-rata share for roadway improvements specified in this condition shall be determined by the DPW and shall become due and payable to the County of Hawaii within six (6)months from the date that formal notice is served upon the Applicant by the DPW regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road. F. Driveway connection(s)to Old Volcano Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. G. The applicant shall be responsible for the design, purchase, and installation of streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. H. Should the Applicant 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 Old Volcano Road that may be deemed necessary by the Department of Public Works. I. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Planning Department prior to Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. J. The method of sewage disposal shall meet with the requirements of the Department of Health. K. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls,terraces,platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933-7651. Subsequent work shall proceed upon -2- an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. To protect any Hawaiian hoary bats in the vicinity of the property,barbed wire fencing shall not be used in the permit area and woody vegetation over 15 feet in height shall not be removed during bat breeding season of June 1st to September 15th without first conducting surveys for bat nests and coordinating with US Fish and Wildlife Service if nests are found. Surveys shall be conducted by a qualified biologist. M. To protect any Hawaiian hawk in the vicinity of the property, clearing, grubbing and construction activities shall not occur in the permit area during hawk breeding season of March 1 to September 30 without first having qualified biologist conduct surveys for hawk nests in the project footprint and surrounding areas and coordinating with US Fish and Wildlife Service if nests are found. Additionally,no clearing or construction activities shall occur within 1,600 feet of any active Hawaiian hawk nest during the breeding season until the young have fledged. Finally,regardless of the time of year, no trimming or cutting trees containing a hawk nest shall occur, as nests may be re-used during consecutive breeding seasons. N. To protect any seabirds (Hawaiian petrels and Newell's shearwaters) in the vicinity of the property, the Applicant shall install shielded outdoor lights to direct light downwards. Additionally, the Applicant shall install automatic motion sensor switches and controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. Finally, the Applicant shall avoid nighttime construction during the seabird fledging period, September 15 through December 15. O. To avoid and minimize potential project impacts to the endangered Hawaiian goose (Nene)the Applicant shall implement the following applicable measures: Do not approach, feed, or disturb Nene. If this species is present during construction activities, all activities within 100 feet should cease, and the bird should not be approached. Have a biologist familiar with the nesting behavior of Nene survey for nests in and around the project area prior to the resumption of any work. Repeat surveys after any subsequent delay of work of three or more days (during which the birds may attempt to nest). Cease all work immediately and contact the US Fish and Wildlife Service for further guidance if a nest is discovered within a radius of 150 feet of proposed work, or a previously -3- undiscovered nest is found within said radius after work begins. In areas where Nene are known to be present,post and implement reduced speed limits, and inform project personnel and contractors about the presence of endangered species on-site. P. To protect the `I`iwi,the Applicant shall avoid conducting activities within the forest bird habitat that: 1) Promote the spread or survival of invasive species; 2) Increase mosquito populations or stagnant water habitat; 3) Increase wildfire threat to montane forest habitats; and 4) Remove tree cover during the peak breeding season between January 1 and June 30. Q. Should the Applicant develop residential units on the subject property, the Applicant 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 or Final Subdivision Approval, whichever is applicable, and shall be based on the actual number of additional residential units or lots created. 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 (HOPI). The fair share contribution shall have a combined value of$9,662.28 per multiple family residential unit or lot($15,057.57 per single family residential unit or lot). The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit or lot(single family residential unit or lot) shall be allocated as follows: 1. $4,766.13 per multiple family residential unit or lot($7,261.03 per single family residential unit or lot)to the County to support park and recreational improvements and facilities; 2. $150.63 per multiple family residential unit or lot($350.27 per single family residential unit or lot)to the County to support police facilities; -4- 3. $463.37 per multiple family residential unit or lot($691.83 per single family residential unit or lot)to the County to support fire facilities; 4. $206.52 per multiple family residential unit or lot($302.89 per single family residential unit or lot)to the County to support solid waste facilities; and 5. $4,075.63 per multiple family residential unit or lot($6,451.55 per single family residential unit or lot)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. 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. 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, Hawaii 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. T. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. U. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: L 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. -5- 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. V. 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. -6- 5-20 OPEN A- a - 0 'Po �O R -20 A-la CV-10 RS-20 RS- 0 Bopp 0 32,457 47'S CjQ� 23,782.01'E Joh "KULANI" �p RS- 0 CV-10 RS-20 RS- CV-10p `9 RS-20 �oP V-10 A-20a GP�o �yG O SINGLE-FAMILY RESIDENTIAL(RS-20)TO VILLAGE COMMERCIAL(CV-10) 0.838 ACRE CO �Ga J° O A-20a A- a RS 0 Feet 0 250 500 750 1,000 1,250 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-23 (VOLCANO-MTVIEW ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-20) TO VILLAGE COMMERCIAL (CV-10) AT OLAA SUMMER LOTS, PUNA, HAWAI'I MAP PREPARED BY: TMK:(3)1-9-004:051 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:July23,2021 EXHIBIT"A" Raja Daggula Map: 1425