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Home My WebLink AboutBIL 057 Draft 04 2020-2022 1 i 40.a44. 9P �llllll�• COUNTY OF HAWAIII +_ ;* STATE OF HAWA.I`I •:•.:�=Mow.*. ILL NO. 57 IST . (DRAFT 4) ORDINANCE k 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 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 [(240-5 E ion)] (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; i B. [11.e require., water- eemmitfnepA payffle.-A S..ft e submitted to the Depaftffien 01 VT"Mef S"ply in aeeordanee with its I "Water I h ., r „n+<, a .>s ftem the rrn +s.,n date of this aer+] The applicant, 3 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; 3 [ ' --,] I [D-:]C. Access to the proposed lots shall meet with the approval of the Department of Public Works. All dfivnw ay eonfieetions to Kawailani Street shall of,,.,, to ..apter 22, Streets and Sidewalks of the Hawaii CourAy .] Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Warks[;]. Subdivision access and driveway connections to and from Kawailani Street shall not be allowed, [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; [&.]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; [1+]G. The method of sewage disposal shall meet with the [approval] 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; [�j I [Should walls, , 9 'umce3vicerccs- State Historie Preservation Division(_D T 'KTD_QT_TDn� ],,]I 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 [SIL [The applieaut shall make its faif share contribution to mitigate the pote solid waste disposal faeilities and foads. The '14-if S..afe een+If.I_I._.. ..hall be initial!),based an the representations eofttainedd w-Altin the ehange of _01116_1.011 shall beeeme —Ul shall be based an a trra-xinnnn density for-eaeh lot as determined i fesulting ffem this ehange of zone. 'Rhe I_.f share eontfibutioft in a-116nn of" , Couneil. The faif shafe eanIfibution may be adjusted annually beginning -3- I years after the ell- Wve Iate (), I.- L.x BaBee, based o eoRtfibution shall ha-,,,e a mw6mum eem'ned value of S.1321— I of f; :share � + ;1.,,+: ;� CIIAQ CC'7 431 -C--+1,® � to f�;7<> n; a� +: 1 ;+n v 9 • of n total amount shall. Ifie'� Y, ; a l ro 1„ten l i�z7: 'Wa. single-f—ily fes-e-... tHins .-f an indieated total of I 959.03 to ...e Count-to suppe-.1 park and reefeational improvements a xaR�rri-ci-c�; Q'I A A.2 ) per single family residential unit for the-nineteen (19) family , side tt;ICI��nd-' atel +.+.,1 01 IV�Q'G 7Q7 (14 +6_ he I to s"po sI per single family residential Rmt f'-f+ (rye „+<> to sHppo<t f to f ;1;+;a i per single family residential um+ family , sidet;.,1 units for . indieated+..+„1 —4�(VA 000 QS +E) +b f`.,, nt—+ support solid waste F e;1;+;ate• S -4- i 3 I single ."--M r�v v�®+vfv n� r,vfr+ ry 11n4o 5 3 - iffiPr-6y"e ents I I 3 i 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 j 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 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 payment 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 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 County to support fire facilities; 4. $302.89 per single-family residential lot to the Counly 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; [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 [Geunty44ousiug�; Administrator of the Office of Housing and Community Development prior to final subdivision approval; [I,�T]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 "AFI"[o de " oiie "I by the Flood Insurance Rate Maps (FIRM) [ rcub�bl�i �� "gid " zee i%n]. 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; [g]O. Should any infrastructure improvements related to the KawailanilKomohana 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 apphearill-, sueeessafs of assigns sh—a". be fesponsible for-paying any addition a] -7- i i [R-.]P. The applicant shall comply with all applicable County, State and Federal laws, i 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 [ 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 TMK(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. -8- i i i SECTION 3. Severability. If any provision of this ordinance, or the application thereof I 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 HAW I` Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 331.14 f -9- . :... ... . .:... ....•.....:: n ? " , , 1 : } : � I i t li"f�' erhra . e a . +/ �j� I tcD ... ;:;, 4 .... ...'r :. ,}`yj �.��i1�1{(� .j�,�yr. ♦zjy�'j,,, ��jj y��j �'+,},.::.:G.:r..Ypi.wr'.;.�.:'_.?'::•.jj''IR ...,:,��..+�. ...;i.:.':�•:.�.:..i::','..<�:y..�:..:...>:•.}•'. .. � ... rt. Tttv f 'yy—may ��;..'+•� .��y`+, �. .. ...�'-:•: ::.fY^'� ry. " i.�T .::Y�:p�y�J: a..ai ��ji�jy - '. ..:..,; •'.is•.:iia'..:`:,�%•.i.•....:.,;. ': ... ., -.,. '-:..i ..:" ..:' F f` .. :'.: ..�M!•.:,A . .1MR'.�.,.J.) •. .,:Tl'^ Y ,�:,, 1. �( �•:r�.�j\j.,'�::j�:-'? ...�. is 3 t : �� .�"�. : ��} "'. . . '. � •' IMSTILEE&HENRY cORuEA ate.TRUST WEi�d N REZ 705 (90-000044)(Amendment to Ordinance T No.05 110 which amended Ordinance No. 92 7) u a