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HomeMy WebLinkAboutPD RECOMMEDATION REPORT (PL-REZ-2022-020) RRJLLLCREZ.06/02/2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION REPORT RJL, LLC CHANGE OF ZONE APPLICATION (PL-REZ-2022-000020) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request from Agricultural 3-acre (A-3a) to a Single-Family Residential-15,000 square feet (RS-15) zoning district for approximately 13.838 acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Agricultural 3-acre (A-3a)to Single-Family Residential-15,000 square feet(RS-15)to subdivide the property into thirty-three (33) lots. According to the application, the subdivided lots will be sold on the open market to the general public. The proposed subdivision will be accessed via Haihai Street and Ainaola Drive. Two (2) cul-de-sacs will be built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, with the exception of one (1) 20-foot wide non-dedicable cul-de-sac, which will be a private road. All lots will have County water and the subdivision will have fire hydrants, as well as overhead utility lines for power,phone and cable services. There is no County sewer system in the area, therefore owners will construct individual septic wastewater systems meeting with the approval of the Department of Health. The applicant hopes to secure the necessary County rezoning approvals as soon as possible. The applicant hopes to obtain final subdivision approval in 5 years. The estimated cost of the improvements for the project is approximately $4 million. Please note the maximum number of lots that can be created on the 13.838- acre property is forty (40) should the RS-zoning be granted. -1- 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 Agricultural 3-acre (A-3a) to Single- Family Residential 15,000 square feet (RS-15) conforms to the goals, policies and standards of the General Plan and the Hilo Community Development Plan (CDP). The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately- owned resources. The proposed change of zone will be consistent with the following goals,policies, and standard of the Land Use-Single-Family Residential Element 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 request 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. -2- • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and he stated goals,policies, and standards. 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 request to change the zoning to RS- 15 zoning district conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the subject property and the surrounding area 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. The proposed 33-lot subdivision is significantly lower than the maximum density cap allowed in the LDU designation. The property is irregular in shape with approximately 930 feet frontage along Haihai Street and 496 feet of frontage along Ainaola Drive. The topography slopes downward from mauka to makai with grades not exceeding 10 percent. The property was part of a subdivision in 2018 (SUB 18-01791), which subdivided TMK: 2-4-039:025 into two (2)parcels, including the subject parcel. The subject property is currently vacant of uses and structures. The property has been previously cleared and is overgrown with non-native plants and other invasive species. Upon rezoning and the subdivision into 33 lots, the landowners could potentially apply for an `Ohana dwelling, allowing for the construction of a second dwelling unit (meeting the criteria for an `Ohana dwelling) on each lot for a total of 66 dwelling units. The State Department of Health recommends restricting the density of the development using individual wastewater systems (IWS) to no more than 49 residential lots or dwelling units, because their rules state that subdivisions creating 50 or more lots/units may not be served by IWS at this time. State environmental law (HRS Chapter 343) also requires an environmental assessment review if a project proposes a wastewater treatment -3- unit or IWS serving 50 or more dwelling units or the equivalent. Additionally, at this time there are 33 units of water available to the property to support the proposed subdivision, but more water units may be available in the future. Therefore, the Director would like to provide for the maximum density of dwellings allowed by the proposed RS-15 zoning to be established on the property, within the constraints or current law, and to account for changes in DOH wastewater law in the future. As such, a condition is included for the applicant to assign 16 accessory dwelling units (ADU's, also known as an `Ohana dwelling)to the 33 lots and restrictive covenants to restrict additional dwelling units above the 49-lot threshold that would trigger HRS Chapter 343 review and be contrary to current DOH wastewater rules. The condition will also allow the flexibility to be automatically modified to account for any changes in DOH wastewater rules in the future. Based on the preceding, the proposed RS-15 zoning would effectuate an increase in single-family residential density that would be consistent with the LDU LUPAG designation. This designation reflects the existing low density residential development in this area of Waiakea Uka. The area is predominantly urban and residential in character with some agricultural lots. Properties to the west are zoned Single-Family Residential (RS-15). Properties to the north, south and east are zoned Agricultural (A-3a& A-la). The majority of the area is within the State Land Use Urban district, including the subject property. There is a remnant parcel ("Camp 5-A" and TMK: 2-4-039:002)which is owned by the State of Hawaii, which is located between a portion of the subject parcel frontage with Ainaola Drive. The proposed change of zone would complement the existing land uses in this area and will provide for an orderly development of the area. All utilities and services are available to the site. The proposed subdivision will be accessed via two (2)road extensions from Haihai Street and Ainaola Drive. Additionally, there is a 5-foot future road widening setback along the boundary with Ainaola Drive. There will be two (2) cul-de-sacs built within the subdivision to access various lots. All newly created roadways will be constructed to County dedicable standards, except for one (1) cul-de-sac, which will be a private road. At this time, the applicant is not proposing to install sidewalks on the interior roadways of the -4- development. Additionally, DPW-Engineering did not require the installation of sidewalks. According to DPW-Engineering Division, connection to Ainaola Drive and Haihai Street will require a County ROW permit in conformance with Hawai`i County Code, Chapter 22, County Streets. The Planning Department will add this condition as well as other standard conditions that the applicant comply with the requirements of the Department of Public Works for the interior roadways and any other roadway improvements, including the installation of required street lights and traffic control devices that may be required by the Traffic Division, Department of Public Works, with design,purchase and installation being the responsibility of the applicant. Furthermore, DPW recommends that the applicant provide improvements to the subject property's Ainaola Drive frontage consisting of, but not limited to pavement widening with paved shoulders and swales, drainage improvements, and any required utility relocation meeting with the requirements of the American with Disabilities Act. The applicant finds that imposing these improvements will be excessive and impractical due to the presence of a concrete drainage culvert and the intervening State-owned land (TMK: 2-4-039:002)that makes up approximately fifty percent of the project site's frontage along Ainaola Drive. The Planning Director agrees with the applicant's reasons for not requiring roadway improvements to Ainaola Drive and therefore is not recommending adding conditions for roadway improvements. According to the Department of Water Supply, water can be made available from the end of an existing 6-inch waterline within Ho`olala Street and Kikaha Street which fronts the subject parcel. An existing water commitment for 32 additional units of water for the proposed development was granted until May 31, 2025. Additionally, DWS also stated that final subdivision approval will be subject to requirements to construct any necessary water system improvements. Based on the preceding, as a condition of approval, the applicant 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. According to the Department of Environmental Management, there is no County sewer system in the area. The lot owners will need to construct individual septic -5- wastewater systems meeting with the approval of the Department of Health. There is no municipal waste collection services in the County. According to the applicant, solid waste will be handled by commercial haulers, who will dispose of the refuse at authorized landfill sites. Electricity and telephone services are available to the site. The nearest fire station is located on Haihai Street approximately one mile from the site. The police station is located in downtown Hilo, approximately three miles from the property. Public schools are located less than three miles from the site. A condition of approval will require the applicant or successor to pay a fair share contribution to mitigate potential regional impacts of the development. There are 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), the property is mainly located within the Flood Zone "X", which is an area outside of the 500-year flood plain. There is a portion of the property associated with a branch of the Palai Stream that runs in a south to north direction through the property, which is within the Flood Zone "AO"„which is the special flood hazard area that corresponds to the areas of one-hundred-year shallow flooding (usually sheet flow on sloping terrain)where average depths are between one to three feet. Lastly, there is a small portion within the subject property that Flood Zone"AH", which is a special flood hazard area that corresponds to the areas of one-hundred-year shallow flooding (usually areas of ponding)where average depths are between one and three feet. The topography of the project slopes slightly to the northeast between the 565-foot and 497-foot elevation. The property is situated over three (3) miles from the shoreline and thus not situated within the tsunami inundation area or evacuation area. In order to manage floodways in the area, the applicant is willing to construct a new underground culvert system that will channel the floodwaters along the property's eastern boundaries along Ainaola Drive for disposal into the existing culvert system maintained by the County at the Haihai Street-Ainaola Drive intersection. -6- According to the Department of Public Works—Engineering Division, all development generated runoff shall be disposed of onsite and 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 prior to the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the construction of any proposed structures on the property. The applicant will also be required to comply with the County Flood Code. The preceding will be added as conditions of approval. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The subject property is located more than three miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, it is not known whether the subject property or immediate surrounding area have been used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical, or native resources in the area. The request will not have a signnificant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and"Ka Pa'akai O 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: An Archaeological Inventory Survey (AIS) was conducted of the site in 2015. No professional flora or fauna surveys were conducted of the site. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The property is located in an urban setting in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources are on the site. -7- The valuable cultural, historical, and natural resources found in the rezoning area: The State Historic Preservation Division (SHPD) confired that an archeological inventory survey (AIS)was completed in 2015 and accepted by SHPD. The AIS documented one (1)historic site and assessed by SHPD as significant under criterion D. According to the AIS, the site included twenty-nine mounds, eleven contours which functioned as sugarcane cultivation. The site was recommended for no further work. Based on the information, SHPD's determination for the proposed project is "no historic properties affected." The applicant has stated that during clearing and grading of the property, SHPD will be notified, and all work shall immediately cease, upon inadvertent discovery of any archeological or historic feature. No professional flora or faunal survey was conducted of the property. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The vegetation within the project area is primarily non-native, consisting of tree fern, Hilo Grass, California grass, guava and some native `ohia. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW)the Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) could potentially occur in the vicinty of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1st through September 15th. Finally, DOFAW reported that the Hawaiian Duck, Hawaiian Stilt, Hawaiian Coot, Hawaiian Goose (Nene) and the Hawaiian Hawk(Io) as possibly occuring in the vicinty of the project area. It is against State law to harm or harass this species. Based on the preceding, DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration, but the site has been cleared and is overgrown with non-native plants and other invasive species. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian -8- rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), compliance with DLNR-SHPD requirements, 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, it is believed that the project would have no adverse impact relative to the archaeological, cultural, or historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from Agricultural 3-acre (A-3a) to Single-Family Residential-15,000 square feet (RS-15) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -9- �Mti(OF h{ �p COUNTY OF HAWAI`I STATE OF HAWAI`I BILL NO. ORDINANCE NO. <Planning Department> AN ORDINANCE AMENDING SECTION 25-8-32 (SOUTH HILO 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—3 ACRES (A-3a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT AINAOLA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-4-039:025. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-32, 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 Ainaola, South Hilo, Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15): Beginning at the northwest corner of this parcel of land, being the northeast corner of Lot 30 of Waiakea Nani Estates and on the south side of Haihai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 16,040.81 feet South and 367.85 feet East, thence running by azimuths measured clockwise from True South: 1. 2650 40' 930.78 feet along the south side of Haihai Street; 2. 280 58' 111.49 feet along the westerly side of Ainaola Drive; 3. 1190 4P 92.40 feet along Camp 5-A; 4. 290 4F 499.60 feet along Camp 5-A; -1- 5. 2990 41' 100.39 feet along Camp 5-A; 6. 280 14' 59" 60.42 feet along the westerly side of Ainaola Drive; 7. 290 41' 385.07 feet along the westerly side of Ainaola Drive; S. 2990 41' 5.00 feet along a jog in Ainaola Drive; 9. 290 41' 38.43 feet along the westerly side of Ainaola Drive; 10. 1200 51' 23.28 feet along Lower Waiakea-Uka Tank Site; 11. 320 02' 27.14 feet along Lower Waiakea-Uka Tank Site; 12. 1220 02' 50.00 feet along Triangulation Station "TANK" Lot; 13. 320 02' 50.00 feet along Triangulation Station "TANK" Lot; 14. 1220 02' 217.20 feet along a portion of Grant 11,642 to Kikumi Higa Maedo; 15. 320 02' 190.01 feet along a portion of Grant 11,642 to Kikumi Higa Maedo; 16. 850 40' 297.86 feet along Lot 1-A, a portion of Grant 11,642 to Kikumi Higa Maedo; 17. 1750 40' 151.61 feet along Lot 22 of Waiakea Nani Estates; 18. 2650 40' 60.87 feet along Lot 23 of Waiakea Nani Estates; 19. 1750 40' 99.60 feet along Lot 23 of Waiakea Nani Estates; 20. 2650 40' 161.70 feet along Lot 25 and Lot 26 of -2- Waiakea Nani Estates; 21. 1750 40' 144.25 feet along Lot 26 of Waiakea Nani Estates; 22. 2650 40' 113.50 feet along Ho`olala Street and Road Lot of Waiakea Nani Estates; 23. 1750 40' 50.00 feet along Road Lot; 24. 2650 40' 10.90 feet along Lot 27 of Waiakea Nani Estates; 25. Thence along Road Lot B of Waiakea Nani Estates, along a curve to the right with a radius of 475.00 feet, the chord azimuth and distance being: 269' 09' 57.72 feet; 26. 1820 38' 110.32 feet along Road Lot B and Lot 27 of Waiakea Nani Estates; 27. 1750 40' 195.30 feet along Lot 28 and Lot 29 of Waiakea Nani Estates; 28. 850 40' 58.90 feet along Lot 29 of Waiakea Nani Estates; 29. 1750 40' 213.00 feet along Road Lot A and Lot 30 of Waiakea Nani Estates to the point of beginning and containing an area of 51,527 Square Feet or 13.838 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 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 -3- (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. 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 HAWAI`I Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- RRJLLLCREZ.06/02/2022 RJL,LLC CHANGE OF ZONE APPLICATION (PL-REZ-2022-000020) CONDITIONS OF APPROVAL A. The applicant(s), its successor(s) or assign(s) ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. 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. C. The Applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include, but not be limited to, 1) service laterals that will accommodate a 5/8-inch meter to front each lot, 2)water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be six (6) inches, 3) fire hydrants spaced no more than 600 feet apart, and 4) 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. A five (5) foot wide future road widening setback along the property's Ainaola Drive frontage shall be subdivided at the time of Final Subdivision Approval and dedicated to the County upon request of the Department of Public Works at no cost to the County. F. Restrictive covenants in the deeds of all proposed lots fronting the 20-foot-wide private road shall require the homeowners of said lots to maintain the one private cul-de-sac road. All other roadways within the subdivision shall be constructed to County-dedi cable standards and dedicated to the County. There shall be no direct driveway access to Haihai Street or Ainaola Drive from individual lots. -1- G. All driveway connections and construction within the Ainaola Drive and Haihai Street Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Ainaola Drive and Haihai Street, including the provision of adequate site distances, shall meet with the approval of the Department of Public Works. H. Install streetlights, signs and markings, meeting with the approval of the Department of Public Works-Traffic Division. I. Based on current State Department of Heath wastewater rules, the project shall not exceed 33 single-family dwellings and 16 accessory dwelling units (ADU) also known as `Ohana dwellings. The 16 ADU's shall be assigned to specified lots by the applicant prior to Final Subdivision approval. Lots not specified for ADU's shall have restrictive covenants recorded against title to the property giving notice that the terms of the zoning ordinance prohibit the construction of ADU's and condominium property regimes. A copy of the proposed covenant(s)to be recorded with the State of Hawai'i 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. Should the State Department of Health wastewater rules change to permit more than 49 dwelling units to utilize individual wastewater systems (IWS) in the future this condition shall be automatically adjusted to the then current standards. Changes to any restrictive covenants on the individual lots based on a rule change would be on a first come first serve basis. All applicable State Department of Health and HRS Chapter 343 regulations shall be followed. J. 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 Hawaii 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. -2- K. The applicant shall comply with Chapter 27, Flood Control, of the Hawaii County Code. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. L. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. M. 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. N. The method of sewage disposal shall meet with the requirements of the Department of Health. O. Construction activities must complyt with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." P. 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 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. Q. To protect any Hawaiian Hoary Bats in the vicinty of the property, barbed wire fencing shall not be used on the property and woody vegetation over 15 feet in height shall not be removed during bat breeding season of June 1 st to September 15th. R. If any state-listed waterbirds such as the Hawaiian Duck, Hawaiian Stilt, Hawaiian Coot or Hawaiian Goose (Nene) are present during any construction actitivities, cease all activities within 100 feet of the bird. Work may continue after the bird leaves of its own accord. If a nest is discovered at any point, the Hawaii Island Branch DOFAW Office shall be contacted. S. If trees are to be cut,particulary during the breeding season from March to September, the area shall first be surveyed to ensure no Hawaiian Hawk (`Io)nests are present. -3- T. The Applicant(s) shall make its fair share contribution to mitigate the potential regional impacts of the property 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. The fair share contribution for each lot shall be based on the number of lots developed. 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$15,636.59 per single family residential lot. The fair share contribution per single family residential lot shall be allocated as follows: 1. $7,540.24 per single family residential lot to the County to support park and recreational improvements and facilities; 2. $363.74 per single family residential lot to the County to support police facilities; 3. $718.44 per single family residential lot to the County to support fire facilities; 4. $314.54 per single family residential lot to the County to support solid waste facilities; and 5. $6,699.63 per single family residential lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the Applicant(s) 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. U. 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, Hawaii 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. -4- V. 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. W. The Applicant shall comply with all applicable County, State, and Federal codes, laws, rules, regulations, and requirements for the proposed development, including the State Department of Health. X. An initial extension of time for the performance of conditions within the ordinance may be granted by the 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 Applicant, 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 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). 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. Y. 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. -5- � �� , ;� . :� �����■■■ �'� iii UZZ �� A�■ —� �1■1 ■ ■■ �� ■Iliiil�'r1 ' NowIN IN �1 MINIM MNIIIIN owl oil m won -MU rp OR rim 11 PIA,1111111Me INIM Lit 111■ �illl I L41 .11111111111111 � � : • - • •`, r - � dM ■ OEM■` + Ci�!!IJ 41111 w Milli Illl'�llli • ■11111111111111 -11 -f7.� � • � — IIIIEsI!�11111 � . Egli �•-��/i�� � r��� � ' �IIIIIIIIIIllllllllllll� �.� ®■■ off • • a I I MAINUTMAN M K1110111 • � •: • - ' 9 ' - 0 • ■ see 0 .