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Home My WebLink AboutBIL 087 Draft 01 2024-2026COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. 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 PĀHOA, NORTH KOHALA, HAWAIʻI, 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: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. The applicant, its successors or assigns (“Applicant”) shall be responsible for complying with all stated conditions of approval. 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. 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, the Applicant 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. All roadways shall be constructed in compliance with roadway requirements and conditions of the variance (PL-VAR-2023-000040) issued on November 15, 2023. 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. 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. 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. 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 [$16,641.15] $17,921.82 per single family residential lot. The fair share contribution per single family residential lot shall be allocated as follows: 1. [$8,024.66] $8,642.22 per single family residential lot to the County to support park and recreational improvements and facilities; 2. [$387.11] $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. [$334.75] $360.51 per single family residential lot to the County to support solid waste facilities; and 5. [$7,130.04] $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 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 condition shall not apply to any ‘self help’ lots included in the executed affordable housing agreement referenced in Condition 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. [As represented by the Applicant, 32 of the 33 lots in the proposed subdivision shall be developed and sold as part of a self-help, affordable housing program, in accordance with mutually agreeable terms between the Applicant and the County Office of Housing and Community Development, using the provisions of Chapter 11, Article 1, Hawaiʻi County Code relating to Affordable Housing Policy. Said agreement shall be executed prior to receipt of Final Subdivision Approval of any portion of the project.] 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 by 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 fifty (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. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaiʻi County Code. N. [If the applicant fails to fulfill any conditions of the zone change within the specified time limitations, the Planning Director or County Council may initiate the process for enactment of an ordinance reverting the affected property back to its original zoning designation or a more appropriate zoning designation in accordance with Section 25-2-43 of the Hawaiʻi County Code.] 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI‘I , Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: