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Home My WebLink AboutORD 2021-040 2020-2022COUNTY OF HAWAII STATE OF HAWAII BILL NO.. J2 ORDINANCE NO. 21 40 (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NO. 04 149 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 5 ACRES (A -5a) TO SINGLE FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) AT KALAOA 11T AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-011:068. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 04 149 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code (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. A, The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. -1- NNIalef Supply in meefdanee with its "Alater- Commitment Guidelines PeNey" wi ninety (90) days ffem the effeetive date of this ] The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges_ are paid in full. C. Final subdivision approval shall be secured within five (5) years from the effective date of this amended ordinance. D. [Aeeess to the proposed lots (B 1 afid B 2) shall be ftem Mahilani Drive. Aeeess to shall meet with the - , uir-effiei4s of the Depa . meat „fn„t lie Wer-ks.] Access to the nronosed lots shall be from Mahilani Drive. Access shall meet therequirementsof the Department of Public Works. The existing driveway onto Mamalahoa Highway shall be removed prior to issuance of Final Subdivision Approval. E. A 10 -foot wide "no vehicular access planting screen" easement shall be delineated along all lots fronting [Malahaa] Mamalahoa Highway. F. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. G. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit and condominium property regimes and any further subdivision of each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed -2- covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. I. All earthwork and grading shall conform to Chapter 10, Erosion and [Sediment] Sedimentation Control of the Hawaii County Code. J. A National Pollutant Discharye Elimination System (NPDES) permit and an Underground Injection Control (UIC) permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. FJIK. [ > immediate area shall eease and the DepaftmeRl of Land and Natffai Resetir-ees 8 Hister-ie -reser-vat Division (DLNR S14PD) shall bimmediately notified. S14PD h it finds that .,,,ff;eient mitigation mo s have been take f ] 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. -3- [K—.]L. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval [within f icy years from the e ffee v e date of thisehnage of zone or-dinan e, whiehever- ,,,.,.,,,.s first]. The fair share contribution for each additional lot shall be based on [ density for- eEteh additional lot as dete .,.nine,l by tb r-esulting ftam this eha- ge of zone] the actual number of residential lots developed. The fair share contribution in a form of cash, land, facilities, or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a [mom] combined value of [$9�-671.44] $15,030.92 per additional single family residential [enifl lot. [Based single fffinily r-esidefAial units, the indieated total of fair- sha-re eentr-ibtAien is $19,342.88 347 88 f the .- d t' 1 single residential , .,;+r However, the +..+.,1 � gx"' i, �i�vrc[r tr of ] The total amount shall be determined with the actual number of lots accordingto o the calculation and payment provisions set forth in this condition. The fair share contribution shall be [alleeatec ] as CoupSy Council deems reasonable, which may be less when considering the merits of the application, or as follows: 1. $[4;-63.74]7,248.17 per single family residential [tet] lot [ total of $9,348] to the County to support park and recreational improvements and facilities; CE 2. $[224.18]349.65 per single family residential lot [f r an indieated total o $449.96] to the County to support police facilities; $[444.361690.61 per single family residential [mit] lot [f r a- :„a;^„toa total of Qm $888.7z] to the County to support fire facilities; 4. $[194.55]302.36 per single family residential [uit] lot [f r an indieated tot„ of Qo�o] to the County to support solid waste facilities; 5. $[4,'-. 43.8=16,440.12 per single family residential [unit] lot [f r an indie�+�a total of $8,287.62 to the [State --of] County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police, and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and the approval of the Hawaii County Council. [1J.]M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified.Impact Fees Ordinance. [M -.]N. The applicant shall compy with all applicable County, State and Federal laws, rules, regulations and requirements. -5- .] If the applicants successors, or assigns should require an additional extension of time, the Planning Director shall submit the applicants request to the County Council for appropriate action. [0-.]P. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. 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. I mo SECTION 4. This ordinance shall take effect upon its approval. Hilo , Hawai`i Date of Introduction: May 19, 2021 Date of 1st Reading: May 19, 2021 Date of 2nd Reading: June 2, 2021 Effective Date: June 21, 2021 REFERENCE Comm. 218._3_____ INTRODUCED BY: a,/ V, � 9/�-- COUNCIL MEMBER, COUNTY OF HAWAII -7- A -20a t A-20a A -3a it A -20a W ` I A -1a A -1a A -20a III 1 ; AGRIC L?IAL (A -5a) TO`•; SIN LE•FAM Y RE&1DEt�T L R -20 1 i I 8fi28 AC i A -20a ----- ti f A -1a A•20a 614.00 S A -3a -._ 759.10 w a� A -20a y Ma alaho H , A -1a A -20a .5a A 5a A•fa I; OANUTAHEA' Maw l J i I i I A 2oa A -20a Ma ala as Hw . A2 I I y N - r l A -5a A �a t"n I A Sa A -5a A -I a cc m q.$a I �a m a I-- I ( A-5acc r cc RS -7.5 i Y -•r - If. _I _ I N- i RS -J0. — - I — — I—�� ?.1 1 - " cc Kulanu( Rd. 'lJ — — A -5a ' ; _L — —_ -- a-��- �— n 1'. IRS 20 RS 7.5a.0 a— —1 A- -5a'" — ? — Klek a St. i e L ea PI. I _ FA 1a I I RS -20 K'm a PI. A -1a A -1a A- A A -1a A -1a 5 �'� f= —A 5a -- — -- • A Sam 1A, 680 340 0 Bw 1.3m ID40 2,720 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO SINGLE-FAMILY RESIDENTIAL (RS -20) AT KALAOA 9 st and 2nd, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII L TMK: 7-3-011:068 — EXHIBIT "A" FOR REFERENCE -ONLY Date: June 1, 20041 (Lilian E. Mahi:1137) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Ashley Kierkiewicz Date Introduced: May 19, 2021 First Reading: May 19, 2021 Published: May 28, 2021 REMARKS.- Second EMARKS: (B/R) (T),. -Ft ii O Li t .i r. . e.�i 1t - '`a ROLL CALL VOTE AYES NOES ABS EX Chung X David Second Reading: To Mayor: Returned: Effective: Published: REMARKS: June June June June July 2, 10, 21, 21, 9, 2021 2021 2021 2021 2021 Inaba X Kaneali'i-Kleinfelder X Kierkiewicz X (T),. -Ft ii O Li t .i r. . e.�i 1t - '`a ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COU HAIRPERSON prove Disapproved this 4p—day . Of— J � 20 9 Co Bill No.: /�J /� 32 (Draft 2) MAYOR, CO UNTY OF HA WAFI Reference: C-218.3/PC-16 Ord No.: 21 40