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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (REZ-21-246)RW ardTrvs[REZ.c&5.5 21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TIMOTHY JOSEPH WARD & KAY LYNN WARD CHANGE OF ZONE APPLICATION (REZ 21-000246) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone requests be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting Change of Zone from an Agricultural -5 -acre (A -5a) and Agricultural -1 acre (A-1 a) to a Single -Family Residential -22,000 square feet (RS -22) zoning district for the 3.985 acres and 332 square feet, respectively. If the requested land use entitlement changes are approved, the applicants propose to subdivide the property into six (6) buildable lots with a minimum of 22,000 square feet each and a road lot. The applicants hope to secure the entitlements as soon as possible and the subdivision process would begin immediately thereafter. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an A -5a and A -la to an RS -22 zoning district conforms to applicable goals, policies and standards of the General Plan and the Kona Community Development Plan (CDP). The subject, 3.992 -acre property is roughly rectangular in shape, slopes slightly to moderately to the west between the 1,510 foot and 1,640 -foot elevation and is currently vacant of any structures or improvements. The parcels directly adjacent to the north are part of the Kona Palisade Subdivision and similarly zoned A-5a, however, they consist of non-conforming lots sizes between 10,000 and 15,000 square feet and consist of single -family residences. Nearby subdivisions along Kaiminani Drive are zoned RS-l0 and RS-15 and lands directly to the south and west of the subject property are zoned A-1 a and similarly consist of residences. There is a Neighborhood Commercial (CN-20) property situated across Mamalahoa Highway to the east (mauka) of subject property, which is the site of the Matsuyama Food Mart. • The RS (Single -Family Residential) zoning district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having adequate facilities to carry out the above stated purpose. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed RS-22 zoning conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the subject property as Low Density Urban (LDU) According to the General Plan, the LDU designation allows for residential (with ancillary community and public uses), and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Based on the preceding, proposed RS-22 zoning would effectuate an increase in single -family residential density that would be consistent with the LDU LUPAG designations. Although bhana dwellings are permitted in the County's RS zoned district, a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit bhana dwellings on the lots to ensure that the infrastructure of the area is not overwhelmed by the additional residential density. In addition, the proposed RS-22 zoning is consistent with the following Land Use goals, policies, and standards of the General Plan: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability ofpublic services and utilities, access, and public need Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. The subject property falls within the Kona CDP Kona Urban Area, within which the CDP directs the majority of future growth of the region. However, the subject property is not located within a designated Transit Oriented Development (TOD) area. The proposed change of zone is consistent with Policy LU -2.8 of the Kona CDP, which provides guidance on conventional rezoning of lands situated within the Kona Urban Area, but outside of Transit -Oriented Development (TOD) areas. In those areas, the CDP encourages Infill Rezoning, which are defined as rezonings that, "...connect two or more pre-existing developments. Infill is usually associated with small scale developments of20 acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable." The parcels directly adjacent to the north are part of the Kona Palisades Subdivision and similarly zoned A -5a, however, they consist of non -conforming lots sizes between 10,000 and 15,000 square feet and consist of single-family residences. Additionally, there are several nearby subdivisions along Kaiminani Drive that were rezoned from unplanned and agricultural zoning district to RS -10 and RS -15. A private roadway lot will connect the subdivision to Ihumoe Street on the west (makai) side, however connectivity through the eastern (mauka) portion of the property is not possible as the Mamalahoa Highway frontage of the property is encumbered with a ten (10) -foot wide "No Access Planting Screen" that prohibits direct access to the highway. All essential utilities and services are available to the site. Access to the subject property is from Ihumoe Street, a County owned and maintained roadway with a 20-foot- wide pavement within a 50 -foot right-of-way (ROW). The six (6) lot subdivision will be served by a private road conforming with the Department of Public Works (DPW) Standard Detail R-39 for a non-dedicable private dead-end street with a minimum 16 -foot -wide pavement withing a minimum 20 -foot right-of-way. The property's Mamalahoa Highway/Hawai`i Belt Road frontage is encumbered with a 10 -foot -wide No Vehicular Access & Planting Screen", thus direct access to the highway is prohibited. According to DPW — Engineering Division, connection to Ihumoe Street will require a County ROW permit in conformance with Hawaii County Code, Chapter 22, County Streets. Additionally, the applicants shall install streetlights and traffic control devices as may be required by the Department of Public Works -Traffic Division. The applicant will be responsible for the design, purchase, and installation of such devices. The preceding will be required as conditions of approval. County water can be made available from an existing 8 -inch waterline along Ihumoe Street which fronts the subject property. As a condition of approval, the applicants will be required to construct and dedicate necessary water system improvements as required by the Department of Water Supply (DWS) prior to securing Final Subdivision Approval. As there is no municipal sewer system in the area, wastewater will be disposed of through individual wastewater system(s) meeting with requirements of the State Department of Health. Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. All essential utilities such as telephone, cable, and electrical services are available to the site. Police, fire, and medical services are available nearby in Kona. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), 4- the property is located in Zone "X" or "Area of Minimal Flood Hazard" and it is not known to be prone to flooding. The topography of the project slopes slightly to moderately from east to west between the 1,640 foot and 1,510 -foot elevation (roughly 10 to 15%). DPW requires that all development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The preceding will be added as condtions of approval. According to DPW, there is an open grubbing permit (#9-2708) that was issued to resolve a grubbing complaint. However, the permit was never completed/closed. DPW recommends that the permit be resolved before the change of zone application is approved. A condition of approval will be added to require the applicants to close the open grubbing permit prior to securing any further land alteration permits. The request is not contrary to Chapter 205A, Hawai`i Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over four 4) miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. As the subject property was previous cleared, and given the suburban, developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa 'akai 0 Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: In February 2013, a complaint was filed for the grubbing of the property without permits. The complaint alleged that there was a possible disturbance of archaeological sites on the property. An enforcement action ensued before the State Historic Preservation Division (SHPD) and it was determined that a number of archaeological sites within the property had been disturbed. An Archaeological Inventory Survey (AIS) was subsequently completed by Haun and Associates in June 2013 The valued cultural, historical, and natural resources found in the rezoning area. The AIS identified seven (7) sites with 36 total features on the subject property. In a letter dated January 25, 2016, SHPD accepted the AIS, and the recommendations contained therein, including proposed data recovery for Sites 29789 (lava tube) and 29794 (terrace). Instead of data recovery, the previous landowner agreed to preserve the sites in place, thus a Preservation Plan was prepared and accepted by SHPD by letter dated October 26, 2016. Pursuant to the approved Preservation Plan, the sites will be conserved within a proposed 0.12 -acre archaeological preserve situated within Lot 5 of the proposed subdivision. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity and retained in place until completion of all development on the property. The Preservation Plan also requires a 10 -foot -wide permanent preservation buffer to be set by a metes and bounds survey and recorded on a plat map and submitted to the Bureau of Conveyances and recorded as a restrictive covenant in the property deed for Lot 5. By letter dated April 19, 2017, SHPD verified the completion of temporary preservation, however, the other requirements of the Preservation Plan have yet to be completed. Please note, based on the approximate location of the preserve area, the applicants may have to adjust their proposed subdivision layout to accommodate the required temporary 20 -foot buffer. Based on staff conversations with SHPD, the applicants could pursue the originally recommended Archaeological Data Recovery process in lieu of completing the preservation commitments outlined in the Preservation Plan, which may remove the buffer requirements and may allow more of the land area to be developed. Based on the preceding, the Deputy Director is recommending conditions either requiring completion of the treatments and provisions of the approved Preservation Plan or allowing the applicants to pursue the Archaeological Data Recovery process which would include the requirement of an approved Data Recovery plan and any mitigation steps recommended therein. In either case, completion of the archaeological mitigation commitments would be required prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: With the exception of the previously mentioned archaeological sites, which should be protected upon completion of the required Preservation Plan treatments, the impairment of other valued resources on the property is unlikely. Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. However, in addition to the Preservation Plan condition mentioned above, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional govemmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the request to rezone the property from an Agricultural 5-acre (A-5a) and Agricultural 1-acre (A-1a) zoning districts to a Single -Family Residential - 22,000 square feet (RS-22) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8- 3 (North Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. 044nw'4 Depr> AN ORDINANCE AMENDING SECTION 25-8- 3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAPI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — ONE ACRE (A -la) AND AGRICULTURAL — FIVE ACRE (A -5a) TO SINGLE FAMILY RESIDENTIAL — 22,000 SQUARE FEET (RS -22) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7- 3-005:015. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'L SECTION 1. Section 25-8- 3, 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 Kalaoa 5th, North Kona District, Hawaii, shall be Single -Family Residential —22,000 square feet (RS -22): SITE #1 Beginning at the Southwesterly comer of this parcel of land, being also the Northwesterly corner of Lot 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550) and being a point on the Easterly end of Ihumoe Street the coordinates of said point of beginning referred to Government Survey Triangulation Station MOANUTAHEA" being 8,001.83 feet South and 9,345.61 feet West and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 180° 03' 20" following along the Easterly end of Ihumoe Street on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being; 161 ° 21' 28" 28.85 feet to a point; Thence, from a tangent azimuth of 322° 39' 36" following along Lot 31-A of Kona Acres Subdivision, Unit 1, Increment "B" on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 299° 59' 24" 15.42 feet to a point; 3. 277° 19' 12" 8.01 feet along Lot 31-A to a point; 4. 34T 50' 21.21 feet along the remainder of Lot 31-B to a point; 5. 9T 19' 12" 16. 68 feet along Lot 33 of Kona Acres Subdivision, Unit 1, Increment "B" File Plan 1550) to the point of beginning and containing an area of 332 square feet. SITE #2 Beginning at the Southeasterly corner of this parcel of land, being also a point on the Westerly side of Hawaii Belt Road (F.A.P. No. F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station MOANUTAHEA" being 8,117.21 feet South and 8,447.20 feet West and running by azimuths measured clockwise from True South: 1. 96° 50' 3.42 feet along the Westerly side of Hawai'i Belt Road (F.A.P. No. F- 10(5)) to a point; 97° 19' 12" 885.68 feet along Lots 35, 34 and 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550) to a point; 167° 50' 103.24 feet along the remainder of Lot 31-B and along Lot 31-A and the remainder of Grant 2972 to Kaapau and Kama; 173° 15' 30" 100.01 feet along Lot 31-A and along the remainder of Grant 2972 to Kaapau and Kama to a point; 5. 27C 50' 835.71 feet along Lots 14, 13, 12 and 11 of Kona Palisade Subdivision, Unit 1 File Plan 1061), Lot A, Lots 8, 7, 6, 5, 4, 3, and 2 of Kona Palisade, Unit 1 (File Plan 1061) and along the remainder of Grant 2972 to Kaapau and Kama to a point; 6. 34W 57' 30" 99. 98 feet along the remainder of Grant 2972 to Kaapau and Kama to a point; 7. 276° 50' 79.64 feet along the remainder of Grant 2792 to Kaapau and Kama to a point; 8. 6° 46' 107.20 feet along the Westerly side of Hawai`i Belt Road (F.A.P. No. F- 10(5)) to the point of beginning and containing an area of 3.985 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii 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 B) the proposed use, or Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS 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 HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: TMK: 1 10 5a 1 A5 i, I A-3a W K fh 5a A5a IHUMO E RS-20 RS-20 A . A-5a RS 0 RS-20 KA'IMINANI D RIVE A 5o A-la 8.117 21' S a aa]. zo•W MOANUTAHEA" A-3a ce A Ala Oc XJ A-la0 eQ G I CN-20 A20 a-20o A-la Site #1 AGRICULTURAL - ONE ACRE IA-lel TO 23,000 SQUARESINGLEFAMILYRESIDENTIAL - FEET (RS-22) A-20a1 STREET aQ, 00163'8 A-la ' MOANUTAHEA" V NF I I Site Wi AGRICULTURAL -FIVE ACRE (A-58) TO SINGLE FAMILY RESIDENTIAL • 22,000 SQUARE FEET (RS-22) A-30 AMENDMENT CODE Feet 0 200 400 600 800 1,000 TO THE ZONING AMENDING SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A-1a) AND AGRICULTURAL - FIVE ACRE (A-5a) TO SINGLE FAMILY RESIDENTIAL - 22,000 SQUARE FEET (RS-22) AT KALAOA 5TH, NORTH KONA, HAWAII MAP PREPARED BY: 3) 7- 3-005:015 DATE: OF HAWAII, PLANNING DEPARTMENT oATe Marra 1, 2021 EXHIBIT "A" Timothy J. Ward and Kay L. Ward Map 1418 CWardREZ.cdc.5.5.21 TIMOTHY JOSEPH WARD & KAY LYNN WARD CHANGE OF ZONE APPLICATION (REZ 21-000246) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall comply with all of the stated conditions of approval. B. A water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicants are responsible for maintaining valid water commitments to support the proposed subdivision until such time that required water facilities charges are paid in full. C. Prior to issuance of Final Subdivision Approval, the applicants shall construct necessary water improvements, which shall include but not be limited to 1) service laterals that will accommodate 5/ 8 -inch sized meters to each lot; 2) fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property; and 3) subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the application shall be responsible for the relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Access to Ihumoe Street and all construction within the County Right -Of -Way ROW) shall require a ROW permit and conform to Chapter 22, County Streets of the Hawaii County Code. F. The applicants shall be responsible for the design, purchase, and installation of streetlights and traffic controls as may be required by the Department of Public Works -Traffic Division. G. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. H. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. The applicant shall comply with the Department of Health's Hawaii Administrative Rules (HAR) Chapter 11-55, rules regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. J. Restrictive covenants in the deeds of all resulting lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. Should the applicants choose to preserve the Archaeological Sites in place, prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval, the applicants shall complete the following protection measures required by the Archaeological Preservation Plan for Sites 50-10-28-29789 and 29794 accepted by the DLNR-State Historic Preservation Division on October 19, 2016 (Preservation Plan) or any amendments thereto: 1) A metes and bounds survey of the 0.12 -acre preserve area containing the sites shall be conducted and recorded on a plat map at the Bureau of Conveyances with a copy sent to the Planning Department and State Historic Preservation Division. The recorded preserve area, permanent 10 -foot buffer, and temporary 20 -foot buffer shall all be depicted on the site plans of any subsequent subdivision maps, land alteration permits and building permits; 2) To ensure that the Sites are protected in perpetuity, the applicants shall record with the Bureau of Conveyances restrictive covenants related to the 0.12 acre preserve area. The restrictive covenants shall include all of the requirements and restrictions of the approved Preservation Plan or any amendments thereto, including, but not limited to the metes and bounds description of the permanent buffers and a map showing the preservation areas. A copy of the recorded document shall be sent to the Planning Department and State Historic Preservation Division; and 3) The applicants shall install fencing around an interim buffer of 20 feet from the edges of Sites 29789 and 29794 and fencing shall be maintained for the duration of subdivision and construction activity on the subject parcel. M. Should the applicants choose to mitigate impacts to the Archaeological Sites through Archaeological Data Recovery, prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval, the applicants shall complete an Archaeological Data Recovery Plan and any mitigation commitments as may be required by DLNR-State Historic Preservation Division. N. In the unlikely 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 applicants shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division 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. 0. 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 and shall be based on the actual number of additional residential 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 combined value of $15,057.57 per residential lot. The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per residential lot shall be allocated as follows: 1. $7,261.03 per residential lot to the County to support park and recreational improvements and facilities; 2. $350.27 per residential lot to the County to support police facilities; 3. $691. 83 per residential lot to the County to support fire facilities; 4. $302.89 per residential lot to the County to support solid waste facilities; and 5. $6,451.55 per residential lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants 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. To ensure that the Goals and Policies of the Housing Element of the General Plan arc implemented, the applicants 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 prior to Final Subdivision Approval. Should the Council adopt a Unified impact Fees Ordinance sctting 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. R. The applicants, their successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation.