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Home My WebLink AboutBIL 087 Draft 01 2024-2026JNtY OF COUNTY OF HAWAPI ORDINANCE NO. STATE OF HAWAPI BILL NO. M AN ORDINANCE AMENDING ORDINANCE NO. 10-101, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS-7.5) TO SINGLE-FAMILY RESIDENTIAL — 15,000 SQUARE FEET (RS-15), SINGLE-FAMILY RESIDENTIAL—10,000 SQUARE FEET (RS-10), SINGLE-FAMILY RESIDENTIAL — 7,500 SQUARE FEET (RS-7.5), AND OPEN AT PAHOA, NORTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 5-5-019:025 AND 027 (PORTIONS). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 2 of Ordinance No. 10-101, as amended by Ordinance No. 24-37, is hereby amended to read as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (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. -1- A. The applicant, its successors or assigns ("Applicant") shall be responsible for complying with all stated conditions of approval. B. The Applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. Furthermore, the Applicant shall construct and dedicate necessary water system improvements as required by the Department of Water Supply. C. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within ten (10) years from the effective date of this amended ordinance. The time during which required plans, reports, studies, or relevant permit applications are under review for approvals by government agencies shall not count towards the deadline established in the ordinance. To justify this tolling, t�pplicant shall provide evidence of the excluded time period to the planning department for its review and approval, which shall consist of dates obtained from a government agency website permitting_ program, or office indicating when the required plans, reports, studies or permit applications were submitted, approved, denied, or returned by the government agency. D. All roadways shall be constructed in compliance with roadway requirements and conditions of the variance (PL-VAR-2023-000040) issued on November 15, 2023. E. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. F. A National Pollutant Discharge 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. G. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. -2- H. 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 Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) 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. I. The Applicant shall make its fair share contribution to mitigate the potential regional impacts of the property 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. The fair share contribution for each lot shall be based on the number of lots developed. 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 maximum combined value of $ 6,6T4451 $17,921.82 per single family residential lot. The fair share contribution per single family residential lot shall be allocated as follows: 1. [$84,034:66] $8,642.22 per single family residential lot to the County to support park and recreational improvements and facilities; 2. [838744] $416.90 per single family residential lot to the County to support police facilities; 3. [$764.59] $823.43 per single family residential lot to the County to support fire facilities; 4. [$3342.75] $360.51 per single family residential lot to the County to support solid waste facilities; and 5. [87, 34.04] $7,678.76 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 -3- 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. [This eendifien shall not apply to any 'self help' lot ineluded i the eywouted a ff- dable housing agreement. r-efer-eneed in Condition K-.] J. 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. K. [As represented by theAppl' '�t 32 f the 22 lots i the proposed UbdiY1s1V1shall VV !lam el, o.l and sold as aft of a elf help. .,f—housing.•.l , dable ��, LLLIV Li...�{�Sl.11 intitually agreeable terms between the Applieant and the County Offlee of Housing a Community Development, using the pr-evisiens ef Chapter- 11, AAiele 1, Hawai'i Gou Cede relating to Aff-ar-dable Housing PeRey. Said agr-eement shall be exeouted pr-ier- to pt of Final S..b iyisie Approval of.,.... per -tie of the ajvVL� t .] 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, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development as evidenced by an executed and recorded affordable housing agreement which shall be provided to the Planning Department b the Applicant prior to Final Subdivision Approval. Fair share requirements under Condition I shall be conditionally waived for affordable housing units or lots, if the Applicant executes an affordable housing agreement to provide fi (50) to one hundred (100) percent of the development as affordable housing units or lots. If the affordable housing units or lots are not produced and sold or rented in accordance with the affordable housing agreement, any fair share requirements under Condition I that were waived will become due and payable. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within this ordinance may In be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaii County Code. 1. N. [If the applieant fails t fulfill any „diti ns of the zone ehange within the 25 9 49 oftl,e G aufl �' Gede.] If any conditions have not been completed by the deadline or if a time extension request has not been submitted in accordance with section 25-2-44(c) the Planning_ Department shall inform the Applicant that the ordinance is null and void without further action by the County. In that event, the zoning designation of the property(s) affected by the ordinance shall automatically revert to its immediate prior zoning designation. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 508 INTRODUCED BY: 14t,t�kl 04 JCUNCIL MEMB R, COUNTY OF HAWAI`I I IN A-20a AREA 4 AGRICULTURAL -TWENTYACRES(A-20a), A-20a A-20a TO SINGLE-FAMILY RESIDENTIAL-10,000 SQ.Ft(RS-10) 6.191 ACRES 16,210.07-N 7.003.65'E A-20a U O NALE" AREA a A-20a AGRICULTURAL -TWENTYACRES (A-20a) TO OPEN �x -= Z943ACRES AREAS AGRICULTURAL-TWENTYACRES(A-20a), i ,;Kq yt ji xy'-s �. • ;• f,y4,•_. 15,03599 N TO SINGLE-FAMILY RESIDENTIAL -T,500 �r '�I7;`�:,'?,:5 �i�:^•`••i $rX %sx;: `•'-.�"`.;'%, 7.888.29'E A'20a SO.FT(RS-7.5) ya t:. : 2H a� gfdE i' 7 r.). ,4e1 .3-' ° z'^3 7WU0NALE• 1.905ACRES '.•.'. ,:..5�:�•cijs; �b�.9'0`N'] r 5�� Ti 53�:'„ y.":'y��..•: � 1�T ,l'• i' •; ••� K_ �°•'- ' qq��1! 'f �:1� * -ii '(y3•�_•^ .L Sµ�. IFp:•�u,W:; 6•�. aaiYM L5 t1 t�t�( *_s, » .]}C�+�y , I +. f,4 ♦ A-20a 14.= N .S •bN 'a °.t-,,.%J1; f.;,tji5r% r J..;3;�,.•w, -, ^To .,1,'.i,�. •r,,89ZWE �9'a ;��tra } Ay$� �':`a�>i,, 3,,0 3�'j£•`'j .'�`r Yam+ .t 'PU'U O NALE• A-20a r `' ;! a ll 1 AREAT �, },y o- ar., ,. YK.' iJ!• �,,lc,l-„Y"�".y� AGRICULTURAL •TWENTYACRES(A-ZOa), c' r •i 1Cl ry . J iux' �� !� TO SINGLE-FAMILYRESIDENTIAL • 15,000 AREA 1 h a:..� 9:`�1012F• L P`..�-,r t ' . 5 r.r};.• g � �1,jti+ SO-FT(RS-15) AGRICULTURAL -TWENTY ACRES ! • ?.�. 7, ifk",;"a 1 4t•,�{ °�,_ 4.741AC' (A-20a) TO OPEN 0.530ACRES 14 509.65 N a 3J vb 1 a F "L ��•j� "pU'poNALE j AREA Z SINGLE-FAMILY RESIDENTIAL yam" • : •r ; A-20a Y. -15 .7,690 SQ.FT IRS-7°5) TO OPEN t =• R5-15 0.397ACRES .5 AREA3 R5-7.5 SINGLE-FAMILY RESIOENTIAL-7,500 R - AREAS SQ.FT (RS-7.5), TO SINGLE-FAMILY SINGLE-FAMILY RESIDENTIAL -7,500 RESIDENTIAL-10,000 SOFT (RS-10) SQ.FT (RS 7.5), TO SINGLE-FAMILY 0.990 ACRES RESIDENTIAL-1S,000 SOFT (RS-15) 0.7153 ACRES ' R5-15 5 AKONI PULE N�GHW - A-ZOa A-20a El �J A-20a A-5a A-5a A-20a A-5a K5-15 Feet 0 500 1,000 1,500 .2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP) ARTICLES. CHAPTER 25 (ZONING CODE) OF THE HAWAVI COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL - 7,500 SQ.FT (RS-7.5), TO SINGLE-FAMILY RESIDENTIAL-15,000 SQUARE FEET (RS-15), SINGLE-FAMILY RESIDENTIAL-10,000 SQUARE FEET (RS-10), SINGLE-FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS-7.5), AND OPEN. AT PAHOA, NORTH KOHALA DISTRICT, HAWAI`I MAP PREPARED BY' COUNTY OF HAWAI`I, PLANNING DEPARTMENT DATE: Dec. 01.2009 6 0 5 a d orti 1 o-iewati Idanri Cnmmunity bevel. Corp. (H1CDC) EXH161T "A" FOR REFERENCE ONLY MaD 1283