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Home My WebLink AboutORD 2026-019 2024-2026COUNTY OF HAWAI'l BILL NO. ORDINANCE NO. ZG 19 11M 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 IST AND 2 ND, NORTH KONA, HAWAIJ, COVERED BY TAX MAP KEY NO. 7-3-011:068. 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: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (13) 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 of the stated conditions of approval. B. The [applieafA, sueeessofs, E)f 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 qpplications 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 M5malahoa 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 Mdmalahoa 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. -2- I M ........... M . M I ... .............. .... ...... . ...... .. .. .. ... .... W. Mill I �11 I V. • MMI - H. The Applicant shall comply with all requirements of Section 25-6-30 through 25-6-39 of the County of Hawaii Zoning Code, as amended, relating to Accessory Dwelling Units. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. 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 [ate 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 M taken. M-7~4- Nm 0111 NMI- .... . ..... R p rmll .......... . . .... . ...... RNME1111.1rar. - ----------- ... M * 's-m-M MIEW �11 WMI.S.-M-P. ' �P.CWNNAIWM. W-M . RWERPMRIAMi 2. $3 4 9.65 per- single fami ly fosidential lot to the County to sl pE)Ft pe 1 i ee fall i lilies; 3. $690.61 per single family residential lot to the County to suppet4 Are f4eilities; 4. $302.36 pef single family residential lot to the Countyle Suppoft solid waste fall, -4- 5. $6,440.12 pef single family fesidefitial lot to the County to suppeft road and tfaffie impr-oveffiefits, ■ I "=r 1 01 raggrugum. amug--mmomm.—S.—M. 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 adiusted 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 par and recreational improvements and facilities; 2. $416.90 per single family residential lot/ADU to the County to support police facilities-, -5- 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 Hawaii County Cod&. 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 [app4iea+A] Applicant shall compy with all applicable County, State and Federal laws, rules, regulations and requirements. the Planning Pitveter- shall submit the applioants tvquest to the County Goulleil fe appr-apria4e aetion. 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. in P. Should any of the eonditions not be met of substan4ially eemplied with in a timel-Y fashion, the Difeetef fflay initiate fezoning of the subjeet area tO its efigiflal Of fnE)fe appfopfiate designation.] If any conditions have not been completed by the deadline, or i 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. -7- SECTION 4. This ordinance shall take effect upon its approval. 01K (':-i��6ITNCII , MEMBE, COUNTY OF HAWAI'l Kona _, Hawai'i Date of Introduction: February 4, 2026 Date of I st Reading: February 4, 2026 Date of 2nd Reading: February 18, 2026 Effective Date: March 11, 2026 REFERENCE ComflL±88 In OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Heather L. Kimball Date Introduced: February 4, 2026 First Reading: February 4, 2026 Published: February 13, 2026 MOMM Second Reading: February 18, 2026 M To Mayor: March 4, 2026 Returned: March 11, 2026 Effective: March 11, 2026 Published: March 20, 2026 r,17AREW, M, COU , NT Y C L j� COUNTY OF IHAMV�' 202 6 6 , 11 02' !1 " " I I it 23 5 2 ROLL CALL VOTE AYES NOES ABS EX Galimba 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 Kaneali'i-Kleinfelder x Kierkiewicz x Kimball x Onishi x Villegas x 0 2 0 IDO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Al" (Approv Disapproved this day !PProv . g—y of 120 MAYOR, COUNTY OFHAWAI'l COUNCIL CHAIRPERSON COUNTY CLERK 120 ro-M Reference: C-688/LAAC-28 Ord No.: 26 19