HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2021-000008) RAguinaldoREZ.crk.12.20.2021
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
AGUINALDO 4, LLC
CHANE OF ZONE APPLICATION (PL-REZ-2021-000008)
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 request 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
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a change of zone from a Single-Family Residential
(RS-10) zoning district to a Village Commercial-20,000 square feet(CV-20) zoning
district for the subject, 1.545-acre property. Although not proposed by the applicant, the
maximum number of lots that could be created by subdivision of the property should the
change of zone be approved is three (3) and the total number of multiple-family
dwellings that could be permitted on the property is 53.
The applicant secured a Use Permit in 2013 to allow the construction of a 13,520
square foot medical facility and related improvements on the subject property. However,
while the applicant has taken steps to comply with the conditions of the Use Permit, they
have not constructed the permitted medical clinic due to lava flows affecting Pahoa and
lower Puna in 2014 and 2018,where the subject property was used as a community hub
during the 2018 flow and was subsequently developed as the Pahoa Cultural Center,
including the construction of four(4) community buildings under an emergency
proclamation.
With the lava flow subsiding and timeframes for completion of the medical clinic
imminent, the applicant determined that limiting the site for only a medical facility has
made its development less financially feasible and therefore more difficult to construct.
Having the ability to entertain non-medical uses increases the financial viability of the
proj ect.
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If the subject change of zone application is approved, the applicant requests
revocation of the existing Use Permit and conceptually plans to develop the property in
two (2)phases, the first of which will include the adaptive re-use of three (3) existing
structures on the property for commercial purposes in the near term. The second phase
would include the removal of the existing structures on the property and the development
of a new,mixed-use medical, retail, and office complex consisting of a single-story,
13,520 square foot structure, 46 parking stalls (including two ADA stalls) and related
improvements. The applicant envisions the projected uses to be approximately 70% of
the structure for medical and office uses with 30%targeted for retail uses.
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-10 to a CV-20 zoning district
conforms to applicable goals, policies and standards of the General Plan and the
Puna Community Development Plan (CDP). 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-20 district conforms to the LUPAG Map, which
designates the property and the surrounding area encompassing the Pahoa Town area to
the northwest as Medium Density Urban,which allows single-family and multiple-family
residential and related functions (overall residential density may be up to 35 units per
acre), and village and neighborhood commercial uses. In addition to being consistent with
the LUPAG Map, the request would also support the following goals, policies, and
courses of action 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.
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■ Provide for commercial developments that maximize convenience to its users.
■ 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.
■ Centralization of commercial activities in Pdhoa Town, rather than along the
Pdhoa By-Pass, to serve the residents of Lower Puna shall be encouraged.
Additionally, the subject property is located within the boundaries of the Pahoa
Regional Town Center in the Puna Community Development Plan (PCDP). The PCDP
further states that commercial development that serves regional uses should be limited to
the "regional town center"boundaries. Commercial development that serves community
village or neighborhood village uses may be located adjacent to a regional town center.
Finally, the PCDP recommended the development of Village Design Guidelines for
Pahoa Town, which were developed and cover the subject property. The existing
community buildings on the property were reviewed against those guidelines and
approved by the Pahoa Village Design Review Committee. A condition of approval will
require any new buildings to be similarly reviewed and approved.
Based on the preceding, the proposed change of zone is consistent with the
General Plan and the Puna Community Development Plan.
The change of zone from RS-10 to a CV-20 zoning district will not result in a
substantial adverse impact upon the surrounding area, community, or region. The
subject, 1.545-acre property is triangular in shape and located southeast corner at the
intersection of Highway 130 and Highway 132. The property has been fully graded and
has been improved with four(4) community buildings related to the Pahoa Community
Center permitted by the County. The applicant proposes to re-purpose some/all of the
existing structures for commercial uses during the first phase of the development. As the
structures have been permitted as community buildings, the Director is recommending a
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condition of approval to require the applicant to secure a change of use permit, if
necessary to accommodate the new commercial uses.
Surrounding lands are zoned A-la and A-5a on the east side of Highway 130 and
RS-10, A-la, CV-10 and CN-20 on the west side of Highway 130. The east side of the
highway consists mainly of residential dwellings, agricultural uses, and vacant land.
There is a church north of and across Highway 132 near the subject property. Tangerine
Acres Subdivision is east of the subject property. The west side of the highway is the part
of Pdhoa Village and includes the Pdhoa High School Complex, Pdhoa Sacred Heart
Church and preschool, and several commercially zoned properties.
The construction of the proposed near-term commercial uses and ultimate
medical/retail/office facility development, driveway and parking lot improvements will
create temporary construction impacts such as an increase in noise, dust, and truck traffic.
These impacts will be temporary in nature and minor in scope and therefore are not
anticipated to have a substantial adverse impact on the surrounding properties,
particularly since some surrounding properties are already developed with commercial
and community uses that serve a regional population.
A condition of approval will require landscaping to be installed to visually screen
the village commercial uses from surrounding properties and adjacent roadways to reduce
the noise and visual impacts associated with the development. Additionally, as referenced
above, any new structures on the property will require approval from the Pdhoa Village
Design Committee. With implementation of these conditions, it is not likely that the
proposed developments will have a substantial adverse impact to the community's
character or to surrounding properties and will not be detrimental to the public welfare.
The proposed use will not unreasonably burden public agencies to provide
roads and streets, sewers,water, drainage, schools, police and fire protection and
other related infrastructure. Access to the property is from Pdhoa-Kapoho Road
(Highway 132),which is a County-owned and maintained roadway with a pavement
width of approximately 22 feet within a 60-foot-wide right-of-way (ROW) and
designated by the General Plan as a major collector road. There is a 6-foot paved
shoulder along the property boundary as well. Paved parking for the project will be
provided on-site. Conditions of approval will require the driveway connection and work
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within the County ROW to conform with Chapter 22 and access to the roadway,
including the provision of adequate sight distances, shall meet with the approval of DPW.
Additionally, the applicant will be required to install streetlights and/or traffic control
devices as may be required by DPW for the use. Finally, as Highway 130 is a State
owned, limited access highway, a condition of approval will prohibit access onto that
roadway.
The applicant estimates that at full buildout,the proposed medical/office/retail
facility will only generate 42 peak hour vehicle trips, which will not exceed the 50 peak
hour vehicle trips necessary to require a Traffic Impact Analysis Report(TIAR). Despite
the preceding, the requested change of zone does not limit the applicant to developing the
property as represented in the application, thus the Director recommends adding a
condition that requires the applicant to develop a TIAR for review and approval by the
State DOT and DPW-Traffic Division and implement any transportation system
improvements to the roadways fronting the subject property as may be deemed necessary
prior to securing a Certificate of Occupancy for the new use, if it exceeds 50 peak hour
vehicle trips.
Based on the proposed commercial zoning, DPW recommends that the applicant
provide improvements to the property's Pahoa-Kapoho Road (Highway 132) frontage
consisting of, but not limited to, pavement widening with concrete curb, gutter and
sidewalk, drainage improvements, signs and markings, streetlights, and any relocation of
utilities, meeting the requirements of the Americans with Disabilities Act and the
approval of the Department of Public Works. In response, the applicant has requested
relief from the requirement to provide curb, gutter, and sidewalk improvements citing
incompatibility of these "urban type"infrastructure improvements with the rural
character of the community and the lack of similar facilities in the immediate vicinity of
the property. Instead, the applicant is proposing to construct or delineate a new, 8-foot
wide, paved pedestrian path within the subject property that would be available to the
public during normal business hours, but closed to the public after hours to discourage
loitering.
The Director is recommending a condition requiring the installation of the
roadway improvements as recommended by DPW for the following reasons: 1) the
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subject property is situated in the State Land Use Urban District, situated in the LUPAG
Medium Density Urban designation, is situated within the boundaries of the PCDP Pahoa
Regional Town Center, and is situated within proximity to the Pahoa Town commercial
core which has been developed with curb, gutter, and sidewalks. Based on the preceding,
the director disagrees with the applicant's statement that the area is rural in character and
believes that the recommended roadway improvements are appropriate for this
commercial zoning; 2)the applicant is currently required to install the same
improvements as a condition of approval of the existing Use Permit for the Medical
Facility. The applicant agreed with this condition on the record and has confirmed that
they would comply with this condition in writing as recently as 2019. If successful, the
change to commercial zoning will allow for uses that will draw more pedestrian users of
the property (e.g.,retail or food truck uses that could draw students from Pahoa High
School),thus even more so, this condition remains appropriate to ensure pedestrian
access to the property; 3)the sidewalks required under this condition will be dedicated to
the County and will be open to the public at all hours, as opposed to the proposed private
walking path that will be closed after business hours that have yet to be defined.
County water is available to the property from an existing 8-inch waterline within
the Pahoa-Kapoho Road fronting the subject parcel, or an existing 12-inch waterline
within the Pahoa-Kalapana Road via two (2), 5/8-inch meters are limited to an average
total of 800 gallons per day. DWS will determine the appropriate water commitment
deposit, prevailing facilities charge, appropriate service lateral and meter size required
once the applicant provides estimated maximum daily water usage calculations, prepared
by a licensed engineer, for each phase of the project. The DWS also requires a reduced
pressure type backflow prevention assembly be installed. Additionally, while the 12-inch
waterline provides adequate flow for fire suppression, the 8-inch line does not, thus any
improvements required by the Fire Department and/or Department of Water Supply to
ensure that fire protection requirements are met shall be implemented. The preceding will
be added as conditions of approval.
The applicant will install an approved individual wastewater system designed by
an engineer, conforming to the State of Hawai`i, Department of Health requirements. All
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other essential utilities and services are available to the site. Thus,the proposed use will
not unreasonably burden public agencies to provide infrastructure.
The project has no severe geological or topographical problem which cannot be
properly rectified, or which would render the land unusable. The property is situated in
Flood Zone"X", which is an area determined by FEMA to be outside of the 500-year
flood plain. There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at an approved refuse
collection facility. Electric and telephone services are available to the property. Police,
fire, and medical services are available nearby in Pahoa.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management. The project site is located more than six (6)
miles from the nearest shoreline and thus is situated outside of the Special Management
Area and will not be impacted by coastal hazard and beach erosion. There is no record of
a designated public access to the shoreline or mountain areas that traverses the properties.
Through the previous Use Permit process for a medical clinic on the property, the
Department of Land and Natural Resources-State Historic Preservation Division issued a
"no-effect" determination by letter dated September 9, 2013, due to previous
grubbing/grading of the property. The standard inadvertent archaeological find condition
will be added to this approval recommendation.
As the property has been extensively grubbed and graded, no floral or faunal
surveys have been prepared for this application. According to the applicant, vegetation,
birds, and animals are introduced and common to urban areas of the island, thus none of
the present plant or animal species are considered endangered.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
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 permit, 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 recommendaiton;
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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 preceding findings,the request to rezone the property from a Single-
Family Residential (RS-10)zoning district to a Village Commercial-20,000 square feet (CV-
20) zoning district for would result in an appropriate land use pattern that would further
benefit the general public.
The accompanying draft bill to amend Section 25-8-26 (Pahoa Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, As Amended), is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
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4�M�V`OF h{`�pi
COUNTY OF HAWAII +_ STATE OF HAWAII
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. Planning Dept.
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA 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— 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL
DISTRICT—20,000 SQUARE FEET (CV-20)AT WAIAKAHIULA, PUNA, HAWAII,
COVERED BY TAX MAP KEY: 1-5-003:037.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 25-8-26,Article 8, Chapter 25 (Zoning Code) 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 Waiakahiula, Puna,
Hawaii, shall be Village Commercial District—20,000 square feet(CV-20):
Beginning at a 2"pipe found at the east corner of this parcel of land, being also
the north corner of Lot 1, Land Court Application 1,479, Map 2 and on the southerly side
of PAHOA-KAPOHO ROAD,the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PAHOA"being 3,931.19 feet South and
5,827.95 feet East and running by azimuths measured clockwise from True South:
1. 38° 19' 548.29 feet along Lot 1, Land Court
Application 1,479, Map 2 to a 1"
pipe found;
2. 189° 30' 467.63 feet along the easterly side of the
KEA`AU-PAHOA ROAD, F.A.S.P.
NO. RS-0130 (18)to a '/2"pipe
found; thence along the southerly
side of the KEA`AU-PAHOA
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ROAD, F.A.S.P. NO. RS-0130 (18),
along a curve to the right having a
radius of 40.00 feet, the chord
azimuths and distance being:
3. 238° 00' 59.92 feet to a 1/z"pipe found;
4. 286° 30' 221.05 feet along the southerly side of the
KEA`AU-PAHOA ROAD, F.A.S.P.
NO. RS-0130 (18) and the southerly
side of the PAHOA-KAPOHO
ROAD to the point of beginning and
containing an area of 1.545 Acres
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, 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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BAguinaldoREZ.crk.12.20.2021
AGUINALDO 4, LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000008)
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 submit estimated maximum daily water usage calculations, prepared
by a professional engineer licensed in the State of Hawaii to the Department of Water
Supply (DWS). The water usage calculations should include the estimated peak flow in
gallons per minute and the total estimated maximum daily water usage in gallons per day,
including all irrigation use. 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 applicant is responsible for
installing a larger or additional water meter, if required, and maintaining valid water
commitments to support the proposed use until such time that required water facilities
charges are paid in full. This condition shall be implemented prior to the issuance of a
certificate of occupancy for any new use on the property.
C. The Applicant shall install a reduced pressure type backflow prevention assembly by a
licensed contractor, within five (5)feet of the meter on private property. If a larger or
additional meter is required, a backflow prevention assembly will also be required for the
larger or additional meter. The installation of the backflow prevention assembly(s) must
be inspected and approved by the Department of Water Supply before the
commencement of water service.
D. Site layout and building design of the proposed development shall adhere to the
established Pahoa Village Design Guidelines and are subject to review and approval by
the Pahoa Village Design Review Committee prior to securing Final Plan Approval.
E. 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 commencing 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
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access and paved parking stalls associated with the proposed development. Landscaping
shall be indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Planning
Department's Rule No. 17 (Landscaping Requirements) bufferyard requirements for the
Village Commercial (CV) zone adjoining a Single-Family Residential (RS) zone.
F. Prior to commencement of any commercial use within the existing community building
structures on the property, the Applicant shall secure and finalize all required building
permits from the Department of Public Works-Building Division, including change of use
building permits if necessary.
G. 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 Village Commercial zoning.
H. Access to the subject property shall be prohibited from the Pahoa-Kalapana Road
(Highway 130).
I. Access to the subject property shall be limited to Pahoa-Kapoho Road (Highway 132)
and conform to the requirements of Chapter 22, County Streets, of the Hawaii County
Code and access improvements, including the provision of adequate site distances, shall
meet with the approval of the Department of Public Works.
J. Streetlights and traffic control devices at the project's driveway along Highway 132, as
may be required by the Traffic Division, Department of Public Works, shall be installed
by the Applicant at no cost to the County, prior to the issuance of certificate of occupancy
for any portion of the project.
K. The Applicant shall provide improvements to the subject property's entire Pahoa-Kapoho
Road (Highway 132)frontage 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) prior to
the receipt of certificate of occupancy for any portion of the project.
L. Should the Applicant develop a land use which the Planning Department, in consultation
with the Department of Public Works and the State Department of Transportation,
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
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and the State Department of Transportation prior to Final Plan Approval. The Applicant
shall implement any transportation system improvements to Pahoa-Kapoho Road
(Highway 132) and Pahoa-Kalapana Road (Highway 130) that may be deemed necessary
by the Department of Public Works and State Department of Transportation prior to
securing a Certificate of Occupancy for the land use.
M. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawaii County Code.
N. 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.
O. Prior to receipt of a Certificate of Occupancy, an individual wastewater system shall be
installed meeting with the requirements of the Department of Health.
P. 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
an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
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
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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;
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
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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:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the Applicant, successors or assigns, and that are not
the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension 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.
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AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-26 (PAHOA 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-10) TO
VILLAGE COMMERCIAL (CV-20)
AT WAIAKAHIULA, PUNA, HAWAI'I
MAP PREPARED BY:
TMK:(3)1-5-003:037 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:September 7,2021
EXHIBIT"A" Aguinaldo 4,LLC.
Map: 1432