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Home My WebLink AboutBIL 057 Draft 01 2020-2022 V op.�4 COUNTY OF HAWAF1 STATE OF HAWAF1 BILL NO. 57 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 13 98 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-003:POR. 021. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII. SECTION 1. Section 2 of Ordinance No. 13 98 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 ff440-5 Edition)] (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- B. [ ..."Y --j o ..ofil+,..e e—eet. -ate of this afnendment] The ap2licant, 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; seeufe W.,...n seven k I� �'eafS fEE)M the e— live -ate of this ;] [D-.]C. Access to the proposed lots shall ineet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, [Stwee*ss aanddgide' 'alkg] County Streets, of the Hawaii County Code. Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Works; [£-]D. Underground utilities shall be constructed; [F—]E. A 10-foot wide road widening strip along the Kawailani Street frontage of the property shall be set aside and delineated on the subdivision plans. All structural setbacks shall be taken from this future road widening line; [&.]F. A drainage study of the property, if required, shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval; [H-.]G. The method of sewage disposal shall meet with the [a eval] requirements of the [ ] State Department of Health; -2- [L. H. All development-generated runoff shall be disposed of on site and shall not be directed toward. any adjacent properties; [ ]1 fQ11 ,,]A fl,;s+ r;n sites, t,na v,ni walls, +af ®s J L , 11 11 11 ufnan HF; te area shall el-H.1- ffln-d flfie -n-e-F-a.-Im Ient 0. -and and a Reseufees j; In [lie 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 DhNR-SHPD when it finds that sufficient mitigation measures have been taken. [ I L [The applieant shall make its faif share eontfibution to H14*gate+I,- .1. 9 , solid waste disposal ilities and foads. The fair shafe contfibution shal initially based on the fepfesentations eentained.-vit'hin the ehange of zone adjusted. The faif share eontfibution shall become due and payable pfief-to shall be based on a fnaximufn density tef e-aeh lot as detefafnined by the zoning land, f4eilifies of any eambination thereof shall be deteffained by the County Couneil. The faif share eontribution may be adjusted annually be-ginning three -3- fn,,-,;l„ sm ar— ilia! un". ikye n then nl;,.ant's representation „F;nt®nt t m 9 uni ',. As aeeording to the ealeulatr0fl. t 11 ll 1, 11 t l 11 9 ',,.. the County t support pa-.'-- an.l r oattional improver ntn an l xznaxf .;liitrrie:r '..- ---Per fes—entral unit for-the nineteen ..I. single family residential units fl f an n.l;nate total of$5,792.08 t, tl,� f`o nt.,to support,>„liee Fa,.,l,t,as• 7 per single family residential unit for the nineteen (I 9)single family fesidentrai Units for an indieated total Elf,. I r,o my ton ort f;,-n f e;l;t;os• 9 $263.15 per single family residential unit for the nineteen (19) single F' 1 „residential Stn for an indiea4ed total f$4,999.85 tv County to support sol.,a waste Facilities• 9 -4- �9� �� :r'rcr�a-c—rarra"rr' ��r��acrr�naixac,a...v,x y y 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 Subdivision Approval and shall be based on the actual number of additional residential 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 beginningthree hree years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$159057.57 per single-family residential lot. The total amount shall be detennined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential lot shall be allocated as follows: I. $79261.03 per single-family residential lot to the Count t�pport park and recreational improvements and facilities; 2. $350.27 per single-family residential lot to the County to support police facilities; 3. $691.83 per single-family residential lot to the Count t�pport fire facilities; 4. $302.89 per single-family residential lot to the County to support solid waste facilities; and 5 5. $6,451.55 per single-family residential 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; I—. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; L. 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 [r,,, my Hetisi fig Ageney] Administrator of the Office of Housing and Community Development prior to final subdivision approval; [N-.]M. Restrictive covenants in the deeds of all residential zoned lots shall prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to the -6- issuance of final subdivision approval. A copy of the recorded covenant shall be fled with the Planning Department upon its receipt from the Bureau of Conveyances; [0-.]N. There shall be no construction of single-family dwellings and related improvements, other substantial buildings, or subdivision roads within areas designated ["E-] "AHI or"sh. e��^��] by the Flood Insurance bate l7 ®-Maps (FIRM) [exec t tvt4 subdivision roca� c^nbe1uild; - - Xn]. Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; [P]- 0 Should any infrastructure improvements related to the Kawailani/Komohana Streets intersection be required of future developers, the applicants, successors or assigns of this project shall work with the Planning Department to pay for their pro rata share of improvements. The pro rata share determination and its implementation shall be approved by the Planning Department in consultation with the Department of Public Works or any County agency having jurisdiction over any future infrastructure improvements; [Q. The appheant, sueeessors or assigns shall be responsible -f-or paying any additional real property taxes owed as a r-esult of withdf awing the property ffem dedieated agfieultufal use to residential tise prior-to the sale of any ,] -7- [R—.]P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; [,S An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and [T7]R. 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. S. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED E COUNCIL MEMBER, COUNTY OF FIA PI Flawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effeclive Date: REFERENCE Co Rim. 331 -9- J Y y : s . a , f s AMMIZU., � mer 'O r ANI }is Lopt .. t 16 Pu rrt At rptt^ . � AM 00t A. OU , - , > OI etcKRISTILEE &HENRY CORREA JR.TRUST F 3R,IREFEIRENC-F REZ 705 (90-000044) (Amendment to Ordinance T_ No. 05 110 which amended Ordinance No. 92 7)