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Home My WebLink AboutBIL 123 Draft 01 2024-2026„tY os N COUNTY OF HAWAI`I ORDINANCE NO. STATE OF HAWAPI BILL NO. 123 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 5 ACRES (A-5a) TO RESIDENTIAL AGRICULTURAL — 2.5 ACRES (RA-2.5a) AT WAIMEA, SOUTH KOHALA, HAWAPI, COVERED BY TAX MAP KEY NO.6-2-009:018. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-7, 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 Waimea, South Kohala, Hawaii, shall be Residential Agricultural — 2.5 acres (RA-2.5a): Beginning at the Northwesterly corner of Lot 18, being also the Southwesterly corner Lot 17-A-1 and a point on the Easterly end of Kanehoa Place, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA” being 11,332.73 feet North and 12,579.32 feet West and running by azimuths measured clockwise from True South: 2740 01' 40" 2. 90 52' 00" 301.57 feet along Lot 17-A-1 and Lot 17-A- 2 ofNakahara at Kanehoa Subdivision 2 and Lot 15-A of Kanehoa Subdivision and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana I to James Young Kanehoa to a point; thence 839.65 feet along Lot 16 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-13, Apana I to James Young Kanehoa to a point; thence 3. Along Government (Crown) Land, Pasture Lease (Copy of Survey Furnished map 22,094) and following along the middle of Keanuiomano Stream in all its meanderings, the direct azimuth and distance being: 4. 790 28' 18" 320.07 feet to a point; thence 5. 1890 52' 00" 920.51 feet along Lot 20 of Kanehoa Subdivision (File Plan 1845) to the point of beginning; and containing an area of 6.063 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 Chapter 25, Article 2, Section 25-2-44, of the Hawaii County Code 1983 (2016 Edition, as amended), the County Council finds that 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. -2- A. The applicant, successors or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval all applicable County, State, and Federal Laws, codes, rules, regulations, and requirements. B. The 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. C. Final Subdivision Approval shall be secured within five (5) 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. D. The construction of no more than one (1) additional single-family dwelling shall be allowed on each lot covered by this ordinance unless or until State Law allows the development of Accessory Dwelling Units (ADU's) in the State Land Use Rural district. E. The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. F. 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. Any recommended drainage -3- improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval. G. The Applicant shall comply with the Department of Health's Hawaii Administrative Rules (HAR) Chapter 11-55, regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. H. All earthwork and grading activity shall conform to the Hawaii County Code Chapter 10, Erosion and Sedimentation Control. I. All development shall comply with Chapter 27, Flood Control, of the Hawaii County Code. J. 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. 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 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 an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 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 M to receipt of Final Subdivision Approval for any additional lots created and prior to issuance of a'Building Permit for any additional dwelling unit. The fair share contribution for each newly created lot and additional dwelling unit shall be based on the actual number of residential lots and additional dwelling units 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 single family residential lot/unit. The total amount shall be determined by the actual number of newly created lots and additional dwelling units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential lot/ unit shall be allocated as follows: 1. $8,642.22 per single family residential lot/unit to the County to support park and recreational improvements and facilities; 2. $416.90 per single family residential lot/unit to the County to support police facilities; 3. $823.43 per single family residential lot/unit to the County to support fire facilities; 4. $360.51 per single family residential lot/unit to the County to support solid waste facilities; and 5. $7,678.76 per single family residential lot/unit 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 -5- 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. 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 shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements for the proposed development. 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. P. If the applicant fails to fulfill any conditions of the zone change within the specified time limitations, the Planning Director or County Council may initiate the process for enactment of an ordinance reverting the affected property back to its original zoning designation or a more appropriate zoning designation in accordance with Section 25-2-43 of the Hawaii County Code. 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. MIM SECTION 4. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Co 6mn 94 6 _ INTRODUCED BY: UNCIL MEM�COUNTY OF HAWAI`I -7- A-40a A-3a RA-2a A-5a A-5a Q RA-2a RA-2a w A-5a RA-2a A-5a RA 2a A-5a A-5a 11,332.73'N 12,579.32' W RA-2a RA-2a RA-2a KANEHOA PLACE RA-2a A-2a R RA-2a RA-2a A-5a RA-2.5a A-5a A-5a A-5a RA-2a RA-2a RA-2a RA-2a AGRICULTURAL - 5 ACRES (A-5a) TO RESIDENTIAL -AGRICULTURAL - 2.5 ACRES (RA-2.5a) REZONE AREA: A-5a 6.063 ACRES Feet 0 500 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A-5a) TO RESIDENTIAL AGRICULTURAL- 2.5ACRES (RA-2.5a) AT WAIMEA, SOUTH KOHALA, HAWAI'I MAP PREPARED BY: TMK: 3 6-2-009.01a COUNTY OF HAWAH, PLANNING DEPARTMENT DATE. November 3, 2025 EXHIBIT "A" Joseph Gagiioi