The URL can be used to link to this page

Home My WebLink AboutORD 2026-018 2024-20267�•tiF.H'�i i f 119 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 HAWAI`I 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 [applieaf4, sueeessefs of 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. C. [Final Subdivision Appr-aval for the subdivision shall be seeiifed within five (5) Yeafs ffem the effeetive date of this efdinanee.] The I O-foot wide driveway easement, [10 feOt Wid no vehieular aeeess planti... ^ ent,] 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. D. [Restr-ietive eavenants iii the deeds of all the pfepesed letswithin the subjeet pfopel4y shall give notiee that the terms of the zoning or-dina-nee prohibit the eenstr-aetion of a seeend dwelling unit and eande i i . . et4y regimes Em eaeh let. A eepy ef the pfepesed e0lVeflaHt(s) to be feeefded with the Bureatt E)f Gonveyanees shall be submitted to the Planning Direetef f6f feyie,�N, and appfaval pfier- le the issuanee of Final Subdivisiefl Appr-eval. A eopy of the reeer-ded doetiment shall be filed with the Planning Pepaftfne upen its feeeipt f+efn the Bufeau of Genveyanees.] The construction of no more than one (1) additional single-family 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 hislerie sites, surah as reek walls, te"aees, platfofms, marine she!! eeneentfations of human btifials be eneetintefed, wefk ift the immediate area shall eease and the Pepaftment of Land and Natur-al Resettfees Histafie Presen,ation Division (OL44R NPD) shall be immedi4ely notified. Subsequent wofk shall preeeed open an afehaeolegioal eleafanee f+ofn the DLNR 14PP when it finds th-at Suf-4-e-,Jent mitigative measafes have been tak I 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. The applieant shall eemply with all applieable jaws, fules, r-egula4ians and �eqttifemefi of affeeted -.1 ...... , iii-luding the Department of Alatef Supply and the Depaftment a Wealth.] 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 increased or reduced proportionally if the dwelling counts are adjusted. The fair share contribution shall become due and payable prior to issuance of building pen -nit 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 Counjy 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-family dwelling to the Courtly 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 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. or are beyead the eentr-E)l of the applieant, its assigns, and that are -4- 5. if the applieant should requife an additional extension of time, the Pla i _ action.] The Applicant 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. 5772 SECTION 4. This ordinance shall take effect upon its approval. Kona _, Hawai'i Date of Introduction: February Date of I st Reading: February Date of 2nd Reading: February Effective Date: March 11, INTRODUCED BY: ACUNCIL Mb4kR/COUNTY OF HAWAI'l 41 2026 4, 2026 18, 2026 2026 m OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Heather L. Kimball (B/R) Date Introduced: February 4, 2026 First Reading: February 4, 2026 Published: February 13, 2026 REMARKS: Second Reading: To Mayor: Returned: Effective: Published: 01 ZYMPA M, February 18, 2026 March 4, 2026 March 11, 2026 March 11, 202 March 20. 2026 C 0" U N I Y C L E R K COUNTY OF 141AWA!; 29230 No'%Rl I I P'll 2* 52 ROLL CALL VOTE AYES NOES ABS EX Gatimba x Hustace x Inaba x Kagiwada x Kaneali'i-Kleinfelder x Kierkiewicz x Kimball x Onishi x Villegas x 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Galimba x Hustace x Inaba x Kagiwada X I K5neali'i-Kleinfelder x Kierkiewicz x Kimball x Onishi x Villegas x 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Approve isapproved this day of 0�t N 1 20 94 MAYOR, COUNTY OFHAWAI'I COUNCIL CHAIRPERSON `7 4- COUNTY CLERK [MI Reference: C-687/LAAC-27 Ord No.: