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Home My WebLink AboutBIL 111 Draft 01 2024-2026Sivas COUNTY OF HAWAI`I ORDINANCE NO. STATE OF HAWAPI BILL NO. 111 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAPI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 3 ACRES (A-3a) TO SINGLE-FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY NO.2-4-080:014. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single -Family Residential—10,000 Square Feet (RS-10): Beginning at the south corner of this parcel of land, being the northwest corner of Lot 2-B and being also the southeast comer of Lot 11 of Haihai Estates, Unit 1, File Plan 1758, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 15,086.97 feet South and 99.77 feet West, thence running by azimuths measured clockwise from True South: 1. 1750 40' 00" 2. 2650 40' 00" 624.24 feet along Haihai Estates, Unit 1, File Plan 1758 and Unit 2, File Plan 1796; thence; 120.71 feet along Lot 8 of Kikaha Heights, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; 3. 3550 40' 00" 92.07 feet along Lot 9 of Kikaha Heights, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; 4. 2650 40' 00" 120.00 feet along Lot 9 of Kikaha Heights, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; 5. Along Lot 9 of Kikaha Heights, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, along a curve to the left with a radius of 10.00 feet, the chord azimuth and distance being 220°40' and 14.14 feet, respectively, thence; 6. 1750 40' 00" 54.37 feet along Lot 9 of Kikaha Heights, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; 7. 2650 40' 00" 176.85 feet across Kikaha Street and along Lot 3-13 of Kikaha Heights, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; 8. 3550 40' 00" 157.68 feet along Lots 3-16, 3-17 and 3-18, being also portions of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; 9. 850 40' 00" 126.85 feet along Lot 3-19, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; 10. 3550 40' 00" 408.86 feet along Lots 3-19, 3-21, 3-22, 3- 25 and 3-26, being also portions of Grant 11,636 to Yoshitaka and Shizuko Kudo, thence; -2- 11. Along Lot 3-26, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo, along a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being 310'40' and 42.43 feet, respectively, thence; 12. 850 40' 001, 330.71 feet along Lot 2-B, being also a portion of Grant 11,636 to Yoshitaka and Shizuko Kudo to the point of beginning; and containing an area of 4.4669 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Article 8, Chapter 25 (Zoning Code), of the Hawaii 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. A. The applicant, successors or assigns ("Applicant") shall be responsible for complying with all the stated conditions of approval and all applicable County, State, and Federal Laws, codes, rules, regulations, and requirements. -3- B. Final Subdivision Approval shall be secured within seven (7) years from the effective date of this 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. C. A water commitment deposit shall be paid to the Department of Water Supply (DWS) within 180 days from the effective date of this ordinance in accordance with Rule 5 of DWS's Rules and Regulations. 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. D. Prior to issuance of Final Subdivision Approval, the Applicant shall construct, or cause to be constructed, necessary water improvements meeting with the approval of the Department of Water Supply. E. The proposed Kikaha Street Extension shall match the alignment and design of the existing Kikaha Street within a 50-foot-wide right-of-way. The extension shall be constructed from the existing roadway to the southern property boundary, and shall be constructed to County-dedicable standards, including, but not limited to 30-foot-wide pavement, curbs, gutters, and sidewalks, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act. The roadway and improvements shall be dedicated to the County at no cost upon Final Subdivision Approval. M F. Construction within the County right-of-way shall conform to Chapter 22, County Streets, of the Hawaii County Code. G. 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, Engineering Division. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval. H. The Applicant shall comply with the State Department of Health's Hawaii Administrative Rules (HAR) Chapter 11-55, rules regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. All earthwork and grading activity shall conform to the Hawaii County Code Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. J. 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 archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. Individual wastewater system(s), meeting with the approval of the Department of Health, shall be provided by each respective landowner in conjunction with the construction of a dwelling. -5- L. 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 for any additional lots created and prior to issuance of a Building Permit for any accessory dwelling units (ADU). The fair share contribution for each newly created lot and/or ADU shall be based on the actual number of residential lots/ADUs developed. The fair share contribution in the 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 $17,921.82 per lot/ADU. The total amount shall be determined according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential lot/ADU shall be allocated as follows: 1. $8,642.22 per single family residential lot/ADU to the County to support park and recreational improvements and facilities; 2. $416.90 per single family residential lot/ADU to the County to support police facilities; 3. $823.43 per single family residential lot/ADU to the County to support fire facilities; 4. $360.51 per single family residential lot/ADU to the County to support solid waste facilities; and 5. $7,678.76 per single family residential lot/ADU to the County to support road and traffic improvements. M 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 pursuant to Section 2- 162.1(a) of Hawaii County Code. 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, Hawaii 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 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. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. 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 Hawaii County Code. -7- P. 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 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: OUNCIL MEMBEA, COUNTY OF HA AI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 638