The URL can be used to link to this page

Home My WebLink AboutBIL 120 Draft 01 2024-2026COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 04-149, AS AMENDED, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – FIVE ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL – 20,000 SQUARE FEET (RS-20) AT KALAOA 1ST AND 2ND, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY NO. 7-3-011:068. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 2 of Ordinance No. 04-149, as amended by Ordinance No. 21-40, 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, successors, or assigns (“Applicant”) shall be responsible for complying with all of the stated conditions of approval. The [applicant, successors, or assigns are] 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. Final subdivision approval shall be secured 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. D. Access to the proposed lots shall be from Mahilani Drive. Access shall meet the requirements of the Department of Public Works. The existing driveway onto Māmalahoa Highway shall be removed prior to issuance of Final Subdivision Approval. E. A 10-foot wide “no vehicular access planting screen” easement shall be delineated along all lots fronting Māmalahoa Highway. F. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. G. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. [H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit and condominium property regimes and any further subdivision of each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances.] H. The Applicant shall comply with all requirements of Section 25-6-30 through 25-6-39 of the County of Hawaiʻi Zoning Code, as amended, relating to Accessory Dwelling Units. I. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaiʻi County Code. J. 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. K. 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] 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. L. [The applicant shall pay its fair share contribution to address the potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each additional lot shall be based on the actual number of residential lots 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 $15,030.92 per additional single family residential lot. The total amount shall be determined with the actual number of lots according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be as County Council deems reasonable which may be less when considering the merits of the application, or as follows: $7,248.17 per single family residential lot to the County to support park and recreational improvements and facilities; $349.65 per single family residential lot to the County to support police facilities; $690.61 per single family residential lot to the County to support fire facilities; $302.36 per single family residential lot to the County to support solid waste facilities; $6,440.12 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 construct such facilities related to park, fire, police, and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and the approval of the Hawaiʻi County Council] 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. 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 Hawai‘i County Code. M. 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. N. The [applicant] Applicant shall compy with all applicable County, State and Federal laws, rules, regulations and requirements. O. [If the applicants, successors, or assigns should require an additional extension of time, the Planning Director shall submit the applicants 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. P. [Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation.] 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: