HomeMy WebLinkAboutBIL 088 Draft 01 2024-2026COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
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-FAMILY RESIDENTIAL – 1,500 SQUARE FEET (RM-1.5)
AT KŪKŪAU 1ST, SOUTH HILO, HAWAIʻI, 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:
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(s), its successors or assigns (“Applicant”) shall be responsible for complying with all of the stated conditions of approval.
[Prior to the issuance of a water commitment by the Department of Water Supply (“DWS”), the applicant shall submit the anticipated maximum daily water usage calculations as prepared
by a professional engineer licensed in the State of Hawai‘i to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance
in accordance with Rule 5 of the Department of Water Supply’s Rules and Regulations.] 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.
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 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. Prior to construction, the [applicant, successors or assigns] 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), Hawai‘i County Code. Plans shall identify all existing and/or proposed
structures, paved
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), Hawai‘i County Code. In addition, the [a]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]Applicant shall comply with landscaping requirements for RM zoning.
[E. The applicant shall subdivide and dedicate to the County a ten (10)-foot wide future road widening strip along the entire Kapi‘olani Street frontage of Parcel 53, within twelve (12)
months from the effective date of this amended ordinance.]
[F.] E. Access at Kapi‘olani Street shall be limited to right-turn in and right-turn out movements only.
[G.] F. All driveway connections to Kūkūau Street and Kapi‘olani Street shall conform to Chapter 22, County Streets, of the Hawai‘i County Code.
[H.] 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.
[I.] H. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai‘i 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.
[K.] 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.
[L.] K. In the [unlikely] 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.
[M.] L. [Should the property be developed as an affordable rental housing project as represented by the applicant, no fair share contribution shall be required. Should the project not
be developed as an affordable rental housing project as represented by the applicant, the applicant]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
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 [$9,645.17] $11,500.24 per multiple family residential unit
([$15,030.92] $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:
[$4,757.69] $5,672.74 per multiple family residential unit ([$7,248.17] $8,642.22 per single family residential unit) to the County to support park and recreational improvements and
facilities;
[$150.37] $179.29 per multiple family residential unit ([$349.65] $416.90 per single family residential unit) to the County to support police facilities;
[$462.54] $551.51 per multiple family residential unit ([$690.61] $823.43 per single family residential unit) to the County to support fire facilities;
[$206.16] $245.81 per multiple family residential unit ([$302.36] $360.51 per single family residential unit) to the County to support solid waste facilities; and
[$4,068.41] $4,850.89 per multiple family residential unit ([$6,440.12] $7,678.76 per single family residential unit) to the County to support road and traffic improvements.
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 Hawai‘i County Code. [This condition shall not apply to any housing units constructed within the subject
properties to meet the affordable housing requirement in Chapter 11 (Housing), Section 11-4(b), Hawaiʻi County Code, and so certified by the County Office of Housing and Community Development,
excluding any units constructed for excess housing credits.]
[N.] M. [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 the Affordable Housing Policy. Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Community Development prior
to receipt of Final Plan Approval and/or Final Subdivision Approval.] 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 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 produced 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.
[O.] 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.
[R.] Q. [If the applicant should require an additional extension of time, the Planning Director shall submit the applicant’s request to the County Council for appropriate action.] 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.
R. 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.
[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.]”
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: