HomeMy WebLinkAboutBIL 057 Draft 03 2020-2022 cPJNZYf°`°•"•?N.
HAWAIICOUNTY OF STATE OF HAWAIII
8T•• M:M.••P
'OPE OF•NP�
BILL NO. 57
(DRAFT J)
ORDINANCE O.
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, HAWAI`l, COVERED BY TAN
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 [r'
(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;
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B. [The required watef eammitmepA paymet-A shall be sttbmitted to the Department
of Water S"ply in aeeefdanee with its n n
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within n fiety days ffe the eff efiy® date ofthis amendment The applicant, I
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;
G. Fina4 Subdivision Approval of the pfoposed s4division developffient shall be
secured within seven(7) yeaf s ffem the effeetive date of this ;]
[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, [S4eets and Sidewalks] Coup . 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 pians. All structural
setbacks shall be taken from this future road widening line;
[6-.]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 [approval] requirements of the
[ ] State Department of Health;
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All development-generated runoff shall be disposed of on site and shall not be I
directed toward any adjacent properties;
[ ]1 [ ,
shell eaneepAr-ations E)f human btifials be eneoufAefed, work in the
DLNR S14PD when it finds that suffieiei+t mitigation meastffes have been take
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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
[K-.IL [ shall make its fair-shafe eatAfibution to mifigffte the poletAial
solid waste disposal f4eilities and feads. The fair shafe eefAfibtAian shall be
initially based en the fepr-esentations eentained within the ehange of zone
shall be based on a maxim-um density for each lot as deteffflined by the zening
festilting from this change of zone. The faif shafe eenlfibtAion in a f0fM of ,
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081.99 pef single
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family r-esidential tinit. Based upon the t
units,s r-epfesentation of intent todevelop a total of nineteen(19) single family fesidential
the indieffted total9
557.81 faf the single family residential units.Howevef9
the total amotint shall be inefeased of fedueed in pfopoftioil with the
„;t .,hal be allaeated as fo lowst
$6,308.37. single faffi ly, s;,low,t;..l . .,;t f f the nineteen-"
single family fesidential naits far- an indieated total of$119,859.03
the County to � ai4,�..,f .,n , ea4i,na ,-,tom a �l
ui>... ti...v uiicy cv ouY"
faeiliti
0 $3 04.32 pef single family fesidential unit faf the nineteen(19) single
family fesi entcial tmis for--a n riic`liieate` total 5782.09-t8 the
0 $601.06 pef single family fesidential unit f6r-the nineteen(19)single
f:, ;ly, side ti l units for-a ifidieated t„t.,l of$11,42014 t„ tt,•
(`t.,u t ,to s .,«t fife fae l;t;on•
0 $263.15 pef single family fesidential uni4 fof the nineteen(19) single
fes, ily«o ;.lti l sa„ units f �l; .,
r . „ nte totalo $4,999.85 to the
f$4a
Getinty te seppai4 solid wasle faeililie ,
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$5,605.09 Y.,f 3mg-rc rmznzy fes'rccorm-urunit rvi—the—rr'rrsecccriT'-97
single family fesidetAial tmits fef an indieated total of$106,496.71 le
the Cvuiict«to suppeft a aft t,•affi tn.]
su
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 percentagechan_ge 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 payment provisions set forth in
this condition. The fair share contribution per single-family residential lot shall be
allocated as follows:
I. $7,261.03 per single-family residential lot to the County 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 Counly to support fire
facilities;
4. $302.89 per single-family residential lot to the County to support solid
waste facilities; and
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5. $6,451.55 per single-family residential lot to the Count to sLipport road
and traffic improvements.
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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;
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[ ]K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria j
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;
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 [Getffity Housing Agene , Administrator of 3
the Office of Housing and Community Development prior to final subdivision
approval;
[I ]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
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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"Zone "X"] by the Flood Insurance Rate
Maps (FIRM) [exceptt that subdivision ean bebuildin. "shaded" Zone
]. 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;
The applieai4, sueeessefs of assigas shall be responsible faf paying any addition
agrie uiiiu ui uoi. ,
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[R-.]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
ITL. if the applieaftt should Feqt4fe an addi4ieftal extensien ef time,
Difeetof shall submit the appheant's request to the County Gotmeil faf appfopfi
action.]
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.
S. Prior to the issuance of Final Subdivision Approval the applicant successors or
assignees shall construct roadway iMprovements within the 50-foot-wide
roadway easement located within TMR(3) 2-4-003:097 from the entrance at
Kawailani Street to the entrance of the proposed subdivision consisting of
approximately 20-foot pavement widening to accommodate paved parking
spaces and a three-foot-wide asphalt paved swale to accommodate pedestrian
access along the western side of the subject parcel. The applicant shall construct
these improvements to match with existing_pavement conditions.
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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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 BY:
COUNCIL MEMBER, COUNTY OF H WAI`I
Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 331.5
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KRISTILEE&HENRY CORREA JR.TRUST
Z 705 90-000044 Amendment to Ordinance
No. 05110 which amended Ordinance No.92 7)