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Home My WebLink AboutBIL 119 Draft 01 2024-2026COUNTY OF HAWAI4I STATE OF HAWAII BILL NO. 119 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.02-93, WHICH AMENDED SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS 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 (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT `OULI, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY NO.6-2- 007:002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI: SECTION 1. Section 2 of Ordinance No. 02-93 is 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. -1- A. The applicant, its successors or assigns ]"Applicant") shall be responsible for complying with all of the stated conditions of approval. B. The [applicant sueeessers or assigns] Applicant shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. [FinalC. Subdivision Approval for the subdivision shall be seeured „dthin five_/S\ -.eafs frem .e eff etive date ,.f this e-a1n^n^^7] The 10-foot wide driveway easement, f1[10 fOE)t Wide no ehieular ^^^^^^ planting ^^Yves e^ eme,.L-] drainage easement reserve area and the. drainage easement that encumbers the area along Keanuiomano Stream shall be shown and identified on all plans for building permit. dwelling :t and eendeminium prepe«t. fegimes on 0._lt A ,.f the propose' e ee^YJ eavenant / \ te b-P reeRrded- .,.:th the Blire^., of l.Rnye„anee^ shall be ,;uh iged to the, Pl........ing Direeter fer review and .ppreyal prior «e_ the -issua....e of C:.....1 C'..0..1 Approval. A eepy of the reearded deeimient shall be filed with the Planning Department upen its _ ipt from the Bureau of n_ eyan^^^ ] The construction of no more than one (1) additional single-familv dwelling shall be allowed on each lot covered by this amended ordinance unless or until State Law allows the development of Accessory Dwelling Units (ADUs) in the State Land Use Rural district. E. Should any remains of histaris site. sueh as reel... ell. te,Faee. pl^tf ...,o ..,a.:np rhyll eeneentrations er human burials be eneauntered, wark in the ifnm-ediate area shall eease a the n fLand and Natural ResRiwees u:..t,..:,, Pre^e.-.^t:en Piyisien (nr N r1-lPD) shall be immediately notified. Subsequent afk shall preeeed upon an afe0. al ai ..learanee f e», the rlr NR 14P-P ivhen :t finds fliat suffieient mitigative measures "^-•e been taken.] In the event that surface or subsurface historic resources, -2- 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. F. [The rr 1 shall eeffiply ,ith all ` li ble laws, ndles, fegulatiens and nts L F FF .1 a 1 di o the Department of \I7..te Supply and the De aftm nt ..F Health..] The Applicant shall pay 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 be initially based on the representations contained within the change of zone amendment application and may be increased or reduced proportionally if the dwelling counts are adjusted. The fair share contribution shall become due and payable prior to issuance of building permit for any additional single-family dwellings. 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 $17,921.82 per additional dwelling The total amount shall be determined according to the calculation and payment provisions set forth in this condition. The fair share contribution per additional single-family dwelling shall be allocated as follows: 1. $8 642 22 per single-family dwelling to the County to support park and recreational improvements and facilities; 2. $416 90 per single-family dwelling to the County to support police facilities; -3- 3. $823 43 per single-family dwelling to the County to support fire facilities; 4. $360 51 per single-family dwelling to the County to support solid waste facilities; 5. $7 678 76 per single-familv dwelling to the County to support road and traffic improvements. In lieu of paving 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. G. Should the Hawaii County 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. - _ _ _ .. - eru TIVr- me aetien:] The Avolicant shall comply with all applicable County State and Federal laws rules, regulations and requirements. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REF 04CECG= 687 INTRODUCED BY: 4CIL ME1 • COUN 0