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HomeMy WebLinkAboutBIL 137 Draft 01 2024-2026AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 20 ACRES (A-20a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT ʻŌLAʻA, PUNA, HAWAIʻI, COVERED BY TAX MAP KEY NO. 1-7-016:010. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Chapter 25, Article 8, Section 25-8-22, of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by changing the district classification of the land situated at ʻŌlaʻa, Puna, Hawai‘i, as more particularly depicted on Exhibit A and described in Exhibit B, both of which are attached hereto and made a part hereof, from Agricultural – 20 acres (A-20a) to Family Agricultural – 1 acre (FA-1a). SECTION 2. In accordance with Chapter 25, Article 2, Section 25-2-44, of the Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds that the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or 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(s), its successor(s), or assign(s) (“Applicant”) shall be responsible for complying with all the stated conditions of approval. The Applicant shall be responsible for complying with all requirements of Chapter 205, Hawaiʻi Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. Final Subdivision Approval shall be secured within ten (10) 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. The Applicant shall remit the required water commitment payment for the additional lots to the Department of Water Supply in accordance with its “Water Commitment Guidelines Policy” within one hundred and eighty (180) days from the effective date of this ordinance. The Applicant is responsible for maintaining valid water commitments to support the proposed development until such time that required water facilities charges are paid in full. Prior to issuance of Final Subdivision Approval, the Applicant shall construct necessary water system improvements meeting with the approval of the Department of Water Supply. Access to the proposed lots shall be from Kuaʻāina Road via a private subdivision roadway meeting with the requirements of Hawaiʻi County Code Chapter 23 (Subdivisions), including but not limited to a minimum 16-foot-wide pavement within a 20-foot-wide right-of-way and with any applicable Department of Public Works roadway standards. All driveway connections to Kuaʻāina Road shall conform to Chapter 22, County Streets, of the Hawai‘i County Code. Prior to Final Subdivision Approval, the Applicant shall delineate the existing nonexclusive access and utility easement associated with North Road on the subdivision map and all applicable subdivision exhibits, consistent with the Correction Grant of Easement recorded in Bureau of Conveyance Document 86-45263, Exhibit “A.” No structures, walls, fences, or other improvements shall be constructed within the easement area. Structural setbacks shall be measured from the easement boundary. 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 professional civil engineer licensed in the State of Hawaiʻi and submitted to the Department of Public Works. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. All earthwork and grading activity shall conform to Hawai‘i County Code Chapter 10, Erosion and Sedimentary Control, and Chapter 27 Flood Control. The method of sewage disposal shall meet the requirements of the State Department of Health. 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. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the Applicant shall comply with the requirements of Chapter 11, Article 1, Hawai‘i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development as evidenced by an executed and recorded affordable housing agreement which shall be provided to the Planning Department by the Applicant prior to Final Subdivision Approval. Fair share requirements under Condition N shall be conditionally waived for affordable housing units or lots, if the Applicant executes an affordable housing agreement to provide fifty (50) to one hundred (100) percent of the development as affordable housing units or lots. If the affordable housing units or lots are not produced and sold or rented in accordance with the affordable housing agreement, any fair share requirements under Condition M that were waived will become due and payable. The Applicant(s) shall make their 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 and shall be based on the actual number of additional lots created. 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 maximum combined value of $17,921.82 per single family residential unit. The fair share contribution per single family residential unit shall be allocated as follows: $8,642.22 per single family residential unit to the County to support park and recreational improvements and facilities; $416.90 per single family residential unit to the County to support police facilities; $823.43 per single family residential unit to the County to support fire facilities; $360.51 per single family residential unit to the County to support solid waste facilities; and $7,678.76 per single family residential 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 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. 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. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements. 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. 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 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: