HomeMy WebLinkAboutBIL 088 Draft 01 2024-2026COUNTY OF HAWAIII
ORDINANCE NO.
STATE OF HAWAIII
BILL NO. 88
AN ORDINANCE AMENDING ORDINANCE NO.10-32, AS AMENDED, WHICH
RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL — 7,500 SQUARE
FEET (RS-7.5) AND MULTIPLE -FAMILY RESIDENTIAL —1,000 SQUARE FEET
(RM-1) TO MULTIPLE-FAMH.Y RESIDENTIAL —1,500 SQUARE FEET (RM-1.5)
AT KUKUAU 1ST, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY NOS.
2-4-025:048, 053, AND 080.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 2 of Ordinance No. 10-32, as amended by Ordinance No. 21-17, 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.
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A. The applicant(s), its successors or assigns ("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
B. [
DWS. A wateF eemmitment deposit shall be paid te the DIAIS within 190 days 40M the
effiefive-dateof this ardinanee in ..eor-danee with Rule 5 of the To.,.,,+m + Weter-
Supply's .] The [a]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.
C. The [.a]Applicant shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the water meter on private property, which must be inspected and
approved by the Department of Water Supply prior to the issuance of a Certificate of
Occupancy.
D. Construction of the proposed development_, or other development/use permitted by the
zoning district classification, shall be completed within five (5) 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 iustify 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. Prior to construction, the [-appli a fft, s]
Applicant shall secure Final Plan Approval for the proposed development from the
Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code),
Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved
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driveway accesses and parking stalls associated with the proposed development. The
[a]Applicant shall develop parking spaces associated with the proposed development in
accordance with the required parking spaces pursuant to Sections 25-4-51 and 25-4-52,
Chapter 25 (Zoning Code), Hawaii County Code. In addition, the [R]Applicant shall
develop additional parking spaces up to a maximum of 60% of the required spaces for the
total residential units to be built within the proposed development. Should the property be
developed as an affordable rental housing project as represented by the [a]Applicant, this
additional parking requirement shall be 1.8 parking spaces per multiple family residential
unit developed. Landscaping shall also be indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in accordance with
the requirements of Planning Department's Rule No. 17 (Landscaping Requirements).
The [a]Apphcant shall comply with landscaping requirements for RM zoning.
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MR.
[F-] E. Access at Kapi`olani Street shall be limited to right -turn in and right -tarn out movements
only.
[C-] F. All driveway connections to Kukuau Street and Kapi`olani Street shall conform to
Chapter 22, County Streets, of the Hawaii County Code.
[ ] G. All development -generated runoff shall be disposed of onsite and shall not be directed
toward any adjacent properties. A drainage study shall be prepared and submitted to the
Department of Public Works prior to the issuance of Final Plan Approval. Any drainage
improvements, if required, shall be constructed, meeting the approval of the Department
of Public Works prior to the issuance of a Certificate of Occupancy.
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[-I-. ] H. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawaii County Code.
[J--] I. The project shall connect to the existing County sewer line prior to the issuance of a
Certificate of Occupancy. As required by the Director of the Department of
Environmental Management ("DEM"), the [a]Applicant shall conduct a sewer study in
accordance with the then applicable wastewater system design standards prior to approval
to connect to the County sewer system. The [.a]Applicant shall provide such sewer line or
other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
[K7] J. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Plan Approval.
[ ] K. In the [un4kely] 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, 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.
PA-d L. [Should
applk-aiA]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 Plan Approval or Final Subdivision Approval. The fair
MI
share contribution for each lot or unit shall be based on the actual number of residential
units developed. 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 [ 9� 6 ter]
$11,500.24 per multiple family residential unit ([Q' 5�] $17,921.82 per single
family residential unit). The total amount shall be determined with the actual number of
units according to the calculation and payment provisions set forth in this condition.
The fair share contribution per multiple family residential unit (single family residential
unit) shall be allocated as follows:
1. [Q"�--,757-.69] $5,672.74 per multiple family residential unit ([Q7,-248i7] $8,642.22 per
single family residential unit) to the County to support park and recreational
improvements and facilities;
2. [&50=37] $179.29 per multiple family residential unit ([ 5] $416.90 per single
family residential unit) to the County to support police facilities;
3. [846334] $551.51 per multiple family residential unit ([8690."] $823.43 per single
family residential unit) to the County to support fire facilities;
4. [$20646] $245.81 per multiple family residential unit ([8383.36] $360.51 per single
family residential unit) to the County to support solid waste facilities; and
5. [84,868.44] $4,850.89 per multiple family residential unit ([Q6,"�4.-2] $7,678.76 per
single family residential unit) to the County to support road and traffic improvements.
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In lieu of paying the fair share contribution, the [a]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 pursuant to Section 2-
162.1(a) of Hawaii County Code. [This
!esrr�e
. �� _
[N-. M. [T-e enswe that the goals and pelieies of the Heiasing Element of the Gener-al Plan are
Chapter- 11 shall be approved by the Adn3inistfater- of the Offlee ef Housing and
Subdivision ] 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 Polio
requirement shall be approved by the Administrator of the Office of Housing and
CoTMum
& Development as evidenced by an executed affordable housing agreement
which shall be provided to the Planning Department by the Applicant prior to Final Plan
Approval or Final Subdivision Approval. Fair share requirements under Condition L 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 -roduced and sold or rented in accordance with the affordable housing agreement,
any fair share requirements under Condition L that were waived will become due and
payable.
no
[S-] N. Should the property be developed as an affordable rental housing project as represented
by the applicant, the Unified Impact Fees Ordinance, if adopted shall not be required.
Should the Project not be developed as an affordable rental housing project as
represented by the [a]Applicant and should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition of exactions or the assessment of
impact fees, conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
[P ] O. The [-a]Applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
[Q-] P. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of this amended ordinance. The report shall include, but
not be limited to, the status of the development and to what extent the conditions of
approval are being complied with. 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.
] Q [ifthe appheant should r-equke an additional ex4ension of time, the Planning Dir-e
submit the ., plioa t's request to the County (`o, nei for- a .,to � .t:e .] An
initial extension of time for the performance of conditions within this ordinance may be
requested in accordance with Section 25-244, subsections (c) and (d), of the Hawaii
Co]qM Code.
R. If anv 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 prop=(s) affected by the
ordinance shall automatically revert to its immediate prior zoning designation.
tion.
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ith
ly
[Should anyof the eendifiens not be met of s4stantiallyeemplieduoauvu the
designafiea4"
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.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm,. 513
INTRODUCED BY:
OUNCIL MEMBIfR, COUNTY OF HAWAI`I
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