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Home My WebLink AboutBIL 057 Draft 02 2020-2022 gY•OF N. COUNTY OF HAWAF1 STATE OF HAWAIII BILL NO. 57 ORDINANCE NO. DRAFT 2)7 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 [(2005 E44i*] (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. [ of Wfttef Supply in aeeer-danee with its rr rr within tninety days fromfromrthe e ff e date thisd +] The ap lip cant, ZlZiZ 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; ;] [D-. C. Access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, [Stfeets and Sidewalks] CopDty 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; [E-.]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; [G-.]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 [appfe-,�d] 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; [,]I• [ , Sta4e Histefie Pr-esefvafien Division(DI NR S14PD) shall be immediately DLNR S14PD when it finds that stiffieient mifigafieii ffieastifes have ]; In the event that surface or subsurface historic resources, includinghuman 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. [K—.]J. [The applieafft shall make its faif shafe eentr4bution to mitigate the Pete adjusted. The fair-share eerAr-ibttfien shall beeeffie due end payable prior-te r-eeeipt ef Final Subdivision Appfoval. The fair-shafe eefAfibutiefl for-eaeh let shall be based an a maxifftwn density fef eaeh lot as detefffiined by the zoning , Getineil. The fair-share eon4ibt4ion ffiay be adjusted annually beginning fli.-e_e -3- -years aftef the eff-eetive date of the amendment to the based en the J V o fftfibt+ie1Jha4l have i ma*iffitffn . binea value of$13'08 •nn p single family fesiderAial tmit. Based upon the 1 s fepfesentation of intent todevelop a total ef nineteen(19) single family fesidei4ial J the indieated totalof fair-share eepAfibt4ion is $248,557.81 fef the single ftH:nily fesidential Uflits. Howevef3 0 $63n4 `2'7 0 single family,•vs:l1 + 1 •4 F t Wv,✓VV•✓t �lVa �i i�.1V 1VJi4{Valili4l LLllli 1V1 L11V nineteen-"� the County to Ji,it,pvr�pai-svand ieeicucmzzczcci i7rrPivvcnzcn-csm=a fel.'+;o =acct 0 $304.32 pef single family fesidefAial unit faf the nineteen(19) single- Samily tW tal $5,782.08 UViuliy LV au" liee , $601.06 per- rsNo family 1Vside 1+1G1 U11+fVl the nineteen f1 n\ l 420.14 to th-e J VVIA.tliy LV suppoft fife faeilities; 0 $263.15 pef single fariffily fesidepAial unit fof the ftineteen(19) single- $4,999.85 County to Stippeft solid waste J -4- yf✓,VV✓.V/ 1JVM ilg1V family 1VJ1UV11l.1Gii unit faf the nineteeft+1-9) single -F„-,;1 K. '� t' l , it fef aft d t .1 4 + 1 f$106,4 1 06 4 96 '71 4 single LLGLL311�1V�J1UeliGiui = � s] 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 pa able 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 beginning three 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$15,057.57 per single-family residential lot. The total amount shall be determined with the actual number of residential lots according to the calculation and,past provisions set forth in this condition. The fair share contribution per single-family residential lot shall be allocated as follows: 1. $7,261.03 per single-family residential lot to the Coun to support 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 CopiLty to sup ort fire facilities; 4. $302.89 per single-family residential lot to the Co1mly to su port 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; [L-.]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; [M-.]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 [County Hetising Agen 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 filed with the Planning Department upon its receipt from the Bureau of Conveyances; There shall be no construction of single-family dwellings and related improvements, other substantial buildings, or subdivision roads within areas designated "AH"[of"shaded" Zene "X"] by the Flood Insurance Rate Maps (FIRM) [exec, that subdivisien roads ean be btiilding in"shaded"Zon 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; [PL.]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; The applieant, sueeesser-s of assigns shall be responsible for Paying any addition feal pr-epefty tfflies owed as a fesiift ef Mthdfawing the pr-epefty ffem dedieate agfietthufal use to fesidefAial use pfief te the sale of any 4—ofq -7- [ ]P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; [ ]Q 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 [T-. if the applieant should fequife an addifienal e�aeiisien of fififfe, the PI ae ion:] R. 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. -8- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: OT(j V,--,?,/, COUNCIL MEMBER, COUNTY OF HA AI`I Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 331.3 -9- Ir An �77M#.GSW � .... M'-:.".. ?fit•.}- . VX •:#gad. .rs•' > .:.:,fr;•`•'•>.;��:.,f'::ff��`:f' ,r �'. :. .:�bt 2i5 cG3!^1� �:�:i'. : '�,� .f.;: (�.}.a"�..�i:'::�-.:�� .• a' ... ....... . .. ....... i .. ,i�'L°s� t0� �'':-�'."• trt�«r Ftfi 1°�`.a!F�-�:l.�"5ff,,. ,'Sr? ,..� '•:��i?�:R'�:°• •:�:�''.�',.'r",::�may:`':"'"!.',•: }�,�? ;:.. .� '..�.:,.,.,..:....:�� .::;::•::::< ..::::::.,':.;: '> ' :#�;�° ;�.'..` ;. • ;"..,;�':.:...-.::'.• �. . . �.:•`��:'<��.: :..:KRISTILEE &HENRY CORREA JR.TRUST ± CFEl1� REZ 705(90-000044) (Amendment to Ordinance No.05110 which amended Ordinance No.92 7)