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HomeMy WebLinkAboutCOM 0668.001 2010-2012 DONALD IKEDA `p;•Nt�,o� '�,' Phone No.: (808)961-8261 I c� . ,, Council Member � Fax No.: (808)961-8912 District 2 South Hilo ' �' Email: dikeda @co.hawaii.hi.us •, �Tt OF N'� HAWAII COUNTY COUNCIL County of Hawai Hawaii County Building r --x 25 Aupuni Street i -' Hilo, Hawaii 96720 --" DATE: April 24, 2012 i.J TO: Dominic Yagong, Chair = ` Hawai`i County Council FROM: ,r'�,11VV Donald Ikeda, Council Member RE: Bill 228 Agendized for the May 1, 2012 meeting of the Planning Committee. I have just received the attached copy of a letter from the applicant in the above-referenced matter. I would like to make sure that this information is processed in a timely manner in order to allow council members sufficient time to review all of the included material and to ensure that the information will be available for the above-referenced meeting. Thank you for your attention in this matter. DI:awm cc: L. Murashige o G. Yamada Comm: NNo: b(03 . 1 Ref. To: P1�G Ref. Date MAY 0 1 2012 Hawai`i County Is An Equal Opportunity Provider And Employer Leslie & Betty Jean Botelho 78 Akala Road Hilo, HI 96720 808-961-3194 E-mail: lesbotelho @yahoo.com April 23, 2012 Pete Hoffmann, Chair Hawai'i County Council Committee on Planning 25 Aupuni Street Hilo, HI 96720 Dear Chair Hoffmann & Committee Members: RE: Change of Zone Application (REZ 11-000149) Request FA-2a to FA-la - Planning Committee Meeting—May 1, 2012 Our names are Leslie & Betty Jean Botelho. We have lived on Akala Road for 36 years and were fortunate to acquire another piece of property next to our primary home. We raised our three daughters and grandson on Akala Road. Because of the rising cost of real estate, our wish is to subdivide our property for our children and grandchildren to afford them an opportunity to become a homeowner. The approval of our application for rezoning will make this a reality for our family. On March 1, 2012, the Windward Planning Commission held a hearing regarding our Change of Zone application. The Commission voted to approve our Change of Zone application with several conditions. We feel that Conditions F and M need your consideration. Condition F states "To provide for future road widening improvements,the fifteen (15)foot wide future road widening setback along the subject property's Akala Road frontage shall be subdivided and dedicated to the County of Hawaii at no cost upon request." The relevance of this setback has come into question since the adoption of Bill 99 (Exhibit A). Bill 99 was approved by the Council'(final reading) on November 2, 2011 and adopted by the Mayor on November 14, 2011. The purpose of Pete Hoffmann & Committee Members April 23, 2012 Page 2 Bill 99 among other things is to "delete proposed 60-foot wide right-of-ways connection 1) Akala Road and 2) Chong Street to Akolea Street". This essentially is the first step in removing Akala Road for future road widening. If the intent is to remove the road widening setback from Akala Road then there is less need for Condition F and no need to dedicate the land. We ask that condition F be removed. Condition M states "...The fair share contribution shall have a combined value of$12,316.47 per single family residential unit..." be imposed as a condition of our final subdivision approval. (See Exhibit B) One reason we ask for the fair share to be waived is our family does not intend to sell the newly created lot. The newly created lot is for our children and grandchildren. The amount of$12,316.47 is a financial burden that would be placed on our family. My wife and I are retired and we are trying to do the best we can with what we have for our family. To come up with $12,316.47 is not reasonable and would create a financial hardship for us. We kindly ask you to reconsider implementing the fair share on our proposed additional one lot subdivision. Another reason why we ask for the fair share to be waived is the subdivision of this lot into only one additional lot does not have a major impact on the area. In fact, there is no significant change to the area. Our property currently has one home built on it. A portion of this part of the property is completely covered with lava and has no agriculture value. Another portion of the property has good soil and our intentions are to someday have family members construct their home on it while using the remainder of the property for small-scale agriculture use. Currently, this portion is regularly mowed to keep the grass under control. Similarities are',resent In 2011, our neighbors, Mr. & Mrs. Marc Butz filed an application for rezoning (REZ 11-141) from A3a zoning to FA-la, seeking the creation of one additional lot at 55 Akala Road. This matter was approved by the Planning Committee on March 8 (Exhibit C) with a recommendation to waive the "Fair Share" condition as part of the rezoning condition. On March 21 (Exhibit D), the Council approved (1st reading) the Pete Hoffmann & Committee Members April 23, 2012 Page 2 recommendation of waiving the "Fair Share" condition as part of the rezoning for said application. On April 4, 2012, the Council approved (2"d and final reading) the recommendation of waiving the "Fair Share" condition as part of the rezoning for the Butz' application (See Exhibit E—Bill 138, Draft 3). The Butz' property is located directly across the street from our property (Exhibit F) and shares a similar application for rezoning as ours. As stated by Marc Butz (Exhibit G) in 2004, application REZ 04-017 filed by Ms. Ackerman had the fair share amount waived because she too had similarities as the Butz' application. For the similarities shared with our neighbors, Mr. & Mrs. Marc Butz, and the reasons stated above, we humbly seek your consideration to remove Condition F of "providing 15' foot wide future road widening setback" and to waive Condition M of"Fair Share" on the creation of one additional lot for our family members. Thank you for your fair consideration. Sincerely, a 13,e----a,4-1,- ESLIE A. BOTELHO At. BE N BOTEL c: 6pny Miwa aura Murashige Glynis Yamada iyinvyai Attachments. COUNTY OF HAWAII ;•' � :•: STATE OF HAWAII BILL NO. . 99 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),BY RELOCATING THE PROPOSED 60-FOOT WIDE RIGHT-OF-WAY CONNECTING`AKOLEA ROAD AND `I`IWIPOLENA ROAD TO THE NORTH TO ALIGN WITH HALELOKE STREET IN THE VICINITY OF HILO HEIGHTS SUBDIVISION, ACCOMPANIED BY THE ADJUSTMENT OF ADJOINING ROADWAY CONNECTIONS AT PONOHAWAI,SOUTH HILO,HAWAII. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33,(City of Hilo Zone Map),Article 8,Chapter 25 (Zoning Code)of the Hawaii County Code 1983(2005 Edition)is amended by relocating the proposed 60-foot wide right-of-way connecting`Akolea Road and `I`iwipolena Road to the north to align with Haleloke Street in the vicinity of Hilo Heights Subdivision,accompanied by the adjustment of adjoining roadway connections at Ponahawai, South Hilo,Hawai`i. All as shown on the map attached hereto,marked Exhibit"A"and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid,such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. RODUCED BY: I1� COUNCIL MEMB•�► UNTY •F HAWA `I ,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 367 EXHIBIT A c "- --y\1�'"...- r ... PROPOSED60-FOOTWDIERIGHT-OF-WAY V `' 94. �:,:, Y'-`.:. `. i( EXTENDED FROM•AKOLEA ROAD TO i-, DELETE PROPOSED 80-FOOT WIDE -r`s 's' 1 r ,f; INTERSECTION WITH PROPOSED I1WIPOLENA ♦� RIGHT-0F-WAY CONNECtDIG'RKaI EA f` p:4E44', I i ROAD I'AINAK�I AVENUE CONNECTOR •• ROAD AND'rIWIPOIINA ROAD .5, - t : T DELETE PROPOSED I0•FOOT WIDE • -,Y.",AC �ry" 4•.-_-_::*-;,_,y .v RIGHT-OF-WAYS CONNECTING:1) • ; \\�Y��--', ' 11, AKALA ROAD,AND;2)CHONG �_...._� ,� ti STREET,TO•AKOLEA STREET ,..r- - r: ., �Y�l<!. r k 1 tr •rte'" �;\ .��: G.-4.•'!t'.. *:0A�,1 / 0' l i..-/4_,/, 1 1 . , •••• " 1 mac` :• i`t'z'ii✓nfilltlT�; ': �Lc7- , ', Ayr- 111 % J / ‘. a.: 1.I.'' . i ` S l -rat' i !,�r \�•��.. . `-f,, �♦*, � =r'`'' Ia _I 1 1 i,1 1 i i , 1 i' ��\,�n i 1 :;,,'`• {"I r -, ` Jjj ,�, -�j�/•�i' � ,�' -�.1;: � J1� // / •\Y v k i�?> fr 'q>►.:, ��& , • I`N, E•" it -?• 1'" -'`J _-� -r/;?��PC•''i' ''c.>H*' cYi` \ �y. �,'•�{ "—.`I "'�(1%/,'),,, F l'R - 1• / _l t /1 Yom ..,i ^\ r X / i�f� /• i <1 ,- �-4 ' - _h r,-,.j� ��y�� � �� , /2\'' //,, ti" � �s�` .,,4 -',,,,i•-:'.-11--- /;t, �•'f�jJy�,�:QJ/ r s's. ' -.7 ,2\.;,:‘,.,,,.,,,„:,,,,,A,:\‘\.,,siiK''‘ • 7,,,,':.:**...,.;\' :4');.40::,:t.,,,,,:',\ z\\,,,,x i 2-•:;-(7-Z.i ; 1 _ii,,,„,-•' / .//''';`P.,1,&>ck j•l'...,•!••■"4>.0.."-,A,../' Ws s,,,../ ----.1•(•••> ,:`,„.,,z,..i,1 :C.:1 : ,,,"<„ ,^•-.7----7-1--'"---1-*--)1---'. ‘ '''.•-,'•',' '\k .r--- cc -• r v . i ..,--- ,, oii: �/ iY ( -.." ',',' i ' sri',, '-'•> • _arr' r _.......... ......__k" ',,,,e 1 1 „,, _ / r._,�, .\\ : // / County R oa d Roads' - a � j ,-,,, _ aR`v ,yi • :rr - =->- • / ,, ■--- 60' RNW / ,, 120' Ri{N•••�` .'J / ' _ � ��`•L P •. p -•i' // / ', � ,: _ ; /<t. s ♦ 1 1 / 4, k a i ! i i / ! i ',r.,,i __ r , ✓a ro,. ♦/ i e/ -/ 1 Feet 0 750 1,500 3,000 4,500 6,000 7,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY RELOCATING THE PROPOSED 60-FOOT WIDE RIGHT-OF-WAY CONNECTING `AKOLEA ROAD AND 'I`IWIPOLENA ROAD TO THE NORTH TO ALIGN WITH HALELOKE STREET IN THE VICINITY OF HILO HEIGHTS SUBDIVISION, ACCOMPANIED BY THE ADJUSTMENT OF ADJOINING ROADWAY CONNECTIONS AT PONOHAWAI, SOUTH HILO, HAWAII TMK:2-5-008:por.24; 2-5-015:por.012-018,092; MAP PREPARED BY: 2-5-056:por'°°'-012; COUNTY OF HAWAII, PLANNING DEPARTMENT 2.5.058:por.001,004-020; 2-5.060:por.007.008,051,053,059-061.068 DATE:MAY.27.201 1 EXHIBIT"A" Bill Lc)(C-%7 Planning Director Map 1310 `OJ..SY OF N,t7,� L . County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 } R 3 0 2012 Leslie and Betty Jean Botelho 78 Akala Road Hilo,HI 96720 Dear Mr. and Mrs. Botelho: Change of Zone Application(REZ 11-000149) Applicant: Leslie A. Botelho and Betty Jean Botelho Request: FA-2a to FA-la Tax Map Key: 2-5-040:018 The Windward Planning Commission, at its duly held public hearing on March 1, 2012, reviewed and acted on the above-referenced request for a Change of Zone from a Family Agricultural—2 acres (FA-2a)to a Family Agricultural— 1 acre(FA-1a)zoning district for 2.116 acres of land. The property is located along the northeast side of'Akala Road, approximately 75 feet from the `Akala Road—Kaumana Drive intersection,Ponahawai, South Hilo, Hawaii. The Commission voted to recommend approval of the Change of Zone subject to the following conditions: A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205,Hawai`i Revised Statutes,relating to permissible uses within the State Land Use Agricultural District. Hawai`i County is an Equal Opportunity Provider and Employer EXHIBIT B Leslie and Betty Jean Boteiho Page 2 C. The required water commitment payment shall be submitted 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 applicants shall construct necessary water system improvements (including but not limited to installation of a service lateral to accommodate a 5/8- inch meter for the proposed additional lot and fire hydrants within 300 feet of each lot) and remit the prevailing facilities charge, as determined by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. D. Final Subdivision Approval for development shall be secured within five(5) years from the effective date of this ordinance. E. Restrictive covenants in the deeds of all proposed 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 owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State 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. F. To provide for future road widening improvements,the fifteen(15)-foot wide future road widening setback along the subject property's `Akala Road frontage shall be subdivided and dedicated to the County of Hawai`i at no cost upon request. G. All new driveway connections to `Akala Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. H. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawaii County Code. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. Leslie and Betty Jean Botelho Page 3 J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed,meeting the approval of the Department of Public Works prior to Final Subdivision Approval. K. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. The applicants, successors or assigns shall make their fair share contribution to mitigate the potential regional impacts of the proposed subdivision with respect to parks and recreation, fire,police, solid waste disposal facilities and roads for the one additional lot to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for the lot shall be based on the actual number of residential units developed. 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 $12,316.47 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: • $5,939.22 per single family residential unit to the County to support park and recreational improvements and facilities; • $286.51 per single family residential unit to the County to support police facilities; • $565.89 per single family residential unit to the County to support fire facilities; Leslie and Betty Jean Botelho Page 4 • $247.75 per single family residential unit to the County to support solid waste facilities; and • $5,277.10 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants, successors or assigns 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 subdivision, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicants, successors or assigns shall comply with all applicable County, State and Federal laws,rules,regulations and requirements. P. 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 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). Leslie and Betty Jean Botelho Page 5 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicants'request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions regarding the above,please contact Daryn Arai of the Planning Department at 961-8288. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lb otelhorez l 1-000149wpc 1 cc: Depai Latent of Public Works Department of Water Supply Department of Land and Natural Resources-HPD e O `y • !G County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 *''}AR302012;° The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo,HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application(REZ 11-000149) Applicant: Leslie A. Botelho and Betty Jean Botelho Request: FA-2a to FA-1 a Tax Map Key: 2-5-040:018 The Windward Planning Commission, at its duly held public hearing on March 1, 2012, voted to recommend for your approval the proposed legislative bill for a Change of Zone from a Family Agricultural —2 acres (FA-2a)to a Family Agricultural— 1 acre(FA-1a)zoning district for 2.116 acres of land. The property is located along the northeast side of Akala Road, approximately 75 feet from the'Akala Road—Kaumana Drive intersection, Ponahawai, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting to change the zoning district from Family Agricultural—2 acre(FA-2a)to Family Agricultural— 1 acre(FA-1a) for 2.116 acres of land in order to subdivide the property into two parcels for family. 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 Hawaii County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from a Family Agricultural—2 acre(FA-2a) to a Family Agricultural— 1 acre(FA-1 a)zoning district conforms to applicable goals, policies and standards of the General Plan. The FA zoning district is intended for lands within the State Land Use Agricultural District, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. 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 request conforms to the LUPAG Map, which designates the property mainly as Important Agricultural Land with a small portion designated as Low Density Urban. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Additionally, a small portion of the property is designated as Low Density Urban, which allows residential uses,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 Land Study Bureau's Detailed Land Classification System identifies mainly as"Existing Urban Development", with a small part of the soils on the northeastern portion of the property as"C"or"Fair" for agricultural productivity. The majority of the property is classified as Prime Agricultural Land by the ALISH System. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation,the applicants are requesting the change in zoning in order to subdivide the property into two lots with the intention of constructing a new dwelling for family. Both of the newly created lots will still have the potential to be used for truck crop farming or agricultural purposes, such as pasture. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 All essential utilities and services are available to the property. Access to the property is from `Akala Road,which is a County owned and maintained roadway that has approximately 18 feet of pavement within a 30-foot right-of-way. The City of Hilo Zone Map identifies `Akala Road as a proposed 60-foot right-of-way,with a future 15-foot road widening setback on both sides of`Akala Road. A condition of approval was added on the previous change of zone that included the property(Ordinance 07-135), which required the previous applicants to set aside a 15-foot future road widening setback along the properties frontage with `Akala Road. This condition has been complied with through the subdivision process (SUB 07-000677). A condition of approval is being added to require the applicants to subdivide and dedicate upon request to the County of Hawai`i at no cost,the fifteen(15)-foot wide future road widening setback along the subject property's `Akala Road frontage to provide for future road widening improvements. County water can be made available for the request. According to the Department of Water Supply, County water can be made available for the proposed subdivision from an existing 6-inch waterline within `Akala Road fronting the subject property. A condition of approval will require that the applicants install a service lateral to accommodate a 5/8-inch meter for the additional lot, and install fire hydrants within 300 feet of each lot. The Depat tinent of Water Supply recommends that the applicants contact the owner.of the property across `Akala Road(TMK:2-5-040:019), as there are similar water system improvements required for the Change of Zone application for that property. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The majority of the property is located in Zone"X", an area determined by FEMA to be located outside of the 500-year floodplain. However,there is a small area at the southern portion of the property in Flood Zone"A"where the existing dwelling is located. Flood Zone A is the Special Flood Hazard Area inundated by the 100-year flood where base flood elevations have not been determined. A condition of approval will be added restricting the construction of single-family dwellings or other substantial buildings within areas designated Flood Zone"A"by the Flood Insurance Rate Map (FIRM). Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime(CPR)on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural(FA)zoning, the County Council has historically required this contribution for lot sizes of one acre or less. For example, a fair share contribution would not be required for FA-2a zoning but would be required for FA-la zoning. Thus, a condition of approval will be added to require a fair share contribution for the additional lot being proposed by the applicants' future subdivision of the property. The request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 4 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources,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. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. Presently,there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site,nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawai`i 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: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area,historical survey of documentary records, or botanical study was included in the application. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 The valued cultural, historical, and natural resources found in the rezoning area. As the site has been previously utilized for sugar cane cultivation, it is unlikely that there are any valued cultural,historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was formerly used for sugar cane cultivation and has been disturbed in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. By letter dated November 16,2011, the DLNR-SHPD responded that DLNR-SHPD believes that"no historic properties will be affected"by this current action. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural,historical, and/or natural resources found on the site, there is no action to be taken. 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. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources—State Historic Preservation Division(DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of the Change of Zone request from a Family Agricultural-2 acre (FA-2a)to a Family Agricultural-1 acre(FA-1a)zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) is transmitted. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 6 We are enclosing copies of the staff Background, Planning Director's Recommendation, and the PowerPoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Lbotelhorez 11-0O01491pc2 Enclosures cc: Leslie &Betty Jean Botelho Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel Phone No.: (808)961-8261 DONALD IKED�4 : ;��;�, Council Member • `„�, � Fax No.: (808)961-8912 �' District 2 South Hilo ' '� � _ E-mail: dikeda @co.hawaii.hi.us +r 'pF.N''' HAWAII COUNTY COUNCIL County of Hawai'i Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 Date: March 14, 2012 CO To: Dominic Yagong, Chair and Council Members Hawai`i County Council From: Donald Ikeda, Council Member 4Z a�� Re: Bill 138, Draft 2 Please find attached Bill No. 138, Draft 2. Bill No. 138 was amended by the contents of Communication No. 451.3, as duly approved by the Committee on Planning on March 8, 2012. Please place Bill No. 138, Draft 2, on the March 21, 2012, Council agenda for first reading. Thank you. DI:awm Att. (bill 13$ 0f. 2) Ref. To: WlPC- EXHIBIT C Ref. Date MAR 0 8 2012 r7,......:4 7c A.. F'nun//)nnnrt,,pdh, Prnvidor And Finninver JNYY�Of k Phone No.: (808) 961-8261 DONALD IKEDA 1*. '- ^,.���g� Fax No.: (808) 961-8912 Council Member .,� l ;k': District 2 South Kilo � �- •� E-mail: dikeda@co.hawaii.hi.us HA WAI I COUNTY COUNCIL County of Hawai`i Hawaii County Building 25 Aupuni Street Kilo, Kawai'i 96720 DATE: March 15, 2012 C=1 '-, C3 TO Dominic Yagong, Chair - • - and Members of the Hawai`i County Council FROM: ponald Ikeda, Council Member 7' RE: Proposed Amendment to Bill No. 138; Draft 2 v+ Please find attached proposed amendment to Bill No. 138, Draft 2, as discussed at the March 8, 2012 meeting of the Planning Committee. The amendments are illustrated below via Ramseyer format with respect to the contents of Bill No. 138; Draft 2, material to be deleted is bracketed and stricken through; material to be added is underscored. Bill No. 138, Draft 2 is amended by amending Condition D to read as follows: "D. Final Subdivision Approval for development shall be secured within five (5) years from the effective date of this ordinance. As represented by the applicants,the subject property shall be subdivided to create no more than two lots, due to the proximity of Kaumana Caves. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance shall prohibit further subdivision of the subdivided lots. This restriction may be removed by amendment of this ordinance by the County Council." Due to the minimal change to the bill, a draft copy of Bill No. 138, Draft 3, is not provided. Thank you. Dl:awm att Comm. No. ! .G Ref. To f f C-ew'tc u Ref. Date MAR 2 1 ZQ{ .. ... .. ._ •_. r__._./l..•.-s....:i.. O�n.,:a..r 4..�l Fsnn/nirn► , • T DONALD IKEDA 40�`�o►NN. Phone No.: (808)961-8261 Council Member 80 No.: Fax � (808)961-8912 District 2 South Hilo �_ E-mail: dikeda @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai'1 Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 N °c7 DATE: February 14, 2012 - `- TO: Dominic Yagong, Chair and Members of the Hawai`i County Council =- FROM: Donald Ikeda, Council Member CO RE: Proposed Amendment to Bill No. 138; An Ordinance Amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), by changing the District classification from Agricultural—Three Acres (A-3a) to Family Agricultural—One Acre (FA-la) at Ponahawai, South Hilo, Hawai`i, covered by Tax Map Key: 2-5-040:019 Please find attached proposed amendments to Bill No. 138. The amendments are illustrated below via Ramseyer format with respect to the contents of Bill No. 138; material to be deleted is bracketed and stricken through;material to be added is underscored. Bill No. 138 is amended by amending Condition F to read as follows: "F { - - . -- - - - - --- • : - ' . . ---- , . --- __ _ _._ uubdivision plans. The future road widening setback shall be dedicated e the Ceti Hawai`i prior to Final Subdivision Approval]. The applicants shall provide a 15-foot wide future road widening setback along the entire property frontage along Akala Road." Bill No. 138 is further amended by deleting Condition M in its entirety as follows, with subsequent conditions being re-lettered accordingly: ["M. The applicants, successors or assigns s . - -- . - _. : - the potential regional impacts of the proposed sub:. :- ••' - . _. . - Comm. No. Li cf. 3 Ref. To: 13L Ref. DateED 14 NI/ °,ff .............. Phone No.: 808) 961-8261 DONALD IKEDA Fax No.: (808) 961-8912 Council Member „�` ' • District 2 South Hilo ; N •I• ' E-mail: dikeda @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 N O h DATE: February 14, 2012 TO: Dominic Yagong, Chair -� and Members of the Hawai`i County Council -- CiC FROM: Donald Ikeda, Council Member `r' CO RE: Proposed Amendment to Bill No. 138: An Ordinance Amending Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition),by changing the District classification from Agricultural-Three Acres (A-3a) to Family Agricultural-One Acre (FA-1a) at Ponahawai, South Hilo, Hawai`i, covered by Tax Map Key: 2-5-040:019 Please find attached proposed amendments to Bill No. 138. The amendments are illustrated below via Ramseyer format with respect to the contents of Bill No. 138; material to be deleted is bracketed and stricken through; material to be added is underscored. Bill No. 138 is amended by amending Condition F to read as follows: "F [ _ . _ _ ._ . •: - . . ..-- , --- .. _ ... .. . - - .. . . - .. - . .. ' A . . ' _._ • :- . . . • . -: - subdivision plans. The future roa: - -•-b - - - - - - Hawai`i prior to Final Subdivision Approval]. The applicants shall provide a 15-foot wide future road widening setback along the entire property frontage along Akala Road." Bill No. 138 is further amended by deleting Condition M in its entirety as follows, with subsequent conditions being re-lettered accordingly: [ . -- . .. • - . •- hall make their fair share contribution to mitigate the potential regional impacts of the proposed subdivision with respect-4e parks and COMM. No. 11 CI. 3 Ref. To: PC ftef. Date.FEB 14 2Q1i cash, land, facilities or any : . •_ - -. _ -- - - _ : -- forth in this condition. The fair share contribution per single family - --- • _ be allocated as follows: and recrgational improvements and facilities; • facilities; - - - - facilities; waste facilities; and and traffic improvements. - - - • - - . . - - - -. • - . 'err;• - --- - -- - , - • - _ _ - - . ... _. - _ -- • - -- . .. . . - •- - - - -- oval of the County. Council.] A draft copy of Bill No. 138, Draft 2, with these amendments incorporated therein is attached. Thank you. Dl•awm att. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - THREE ACRES (A-3a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-040:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawai`i, shall be Family Agricultural —One Acre (FA-la): Beginning at a spike found at the southern most corner of this parcel of land, also being the southeast corner of Lot B-2-B, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA"being 423.87 feet North and 205.36 feet East and thence running by azimuths measured clockwise from true South: I. 180° 23' 29" 685.63 feet along Lot B-2-B and Lot B-2-A to a pipe set on Lot B-2-A boundary also being the south side of 30 foot wide Akala Road, said point is not at a corner of Lot B-2-A; 2. 292° 20' 00" 487.19 feet along the south side of 30 foot wide Akala Road to a pipe set; 3. 323° 48' 00" 156.46 feet along same to a spike found at the northern most corner of Lot l; 4. 55° 39' 27" 663.37 feet along Lot 1 and State of Hawaii land, to the point of beginning and containing an area of 4.747 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 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) 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. A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be submitted 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 shall construct necessary water system improvements (including but not limited to installation of a service lateral to accommodate a 5/8- inch meter for the proposed additional lot and fire hydrants within 300 feet of each lot) and remit the prevailing facilities charge, as determined by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. The applicants, successors or assigns shall execute an Elevation Agreement with the Department of Water Supply prior to water service being provided to the proposed lot. 9 D. Final Subdivision Approval for development shall be secured within five (5) years from the effective date of this ordinance. As represented by the applicants, the subject property shall be subdivided to create no more than two lots. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance shall prohibit further subdivision of the subdivided lots. This restriction may be removed by amendment of this ordinance by the County Council. E. Restrictive covenants in the deeds of all proposed 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 owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State 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. F. The applicants shall provide a 15-foot wide future road widening setback along the entire property frontage along Akala Road.. G. All new driveway connections to Akala Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. H. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. K. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the 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 applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. 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 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 he 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 applicants should require an additional extension of time, the Planning Department 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 property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. DONALD IKEDA N�'•'"+:'• Phone No.: (808) 961-8261 cP �,� LL�u ,,I Council Member ' J '" .' Fax No.: (808) 961-8912 District 2 South Hilo . -'t�:, t* �:��..,..,� E-mail: dikeda @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai'i Hawaii County Building 25 Aupuni Street c ;7 Hilo, Hawaii 96720 'Y ` Date: March 21, 2012 rri N �J To: Dominic Yagong, Chair t� and Council Members N Hawai`i County Council From: Donald Ikeda, Council Member Re: Bill 138, Draft 3 Please find attached Bill No. 138, Draft 3. Bill No. 138, Draft 2 was amended by the contents of Communication No. 451.6, as duly approved by the County Council on March 21, 2012. Please place Bill No. 138, Draft 3, on the April 4, 2012, Council agenda for second reading. Thank you. DI:awm Att. ( ;11 138, Dr. 3) COMM. No. S'. To:_ GU Lt oate MAR 2 1 2M1t EXHIBIT D Hawaii County Council-40 April 4, 2012 Bill 221: AMENDS ORDINANCE NO. 11-59,AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants—Hawai`i Partnership to Prevent Underage Drinking(HPPUD) Drug,Alcohol, and Tobacco (D.A.T.)Awareness Program($5,000); and appropriates same to Federal Grants—HPPUD D.A.T. Awareness Program. Re: Comm. 649 Intr. by: Ms. Ford(B/R) Waived: FC PASSED 1ST READING: AYES: Council Members Ford,Hoffmann, Ikeda, Onishi, Pilago, Smart,Yoshimoto,and Chair Yagong— 8. NOES: None. ABSENT: Council Member Blas— 1. EXCUSED: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 138 (Draft 3): AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—THREE ACRES (A-3a)TO FAMILY AGRICULTURAL—ONE ACRE (FA-la)AT PONAHAWAI, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY: 2-5-040:019 (Applicant: Marc and Desiree Butz; Area: 4.747 Acres) From Mayor William P. Kenoi, dated October 20, 2011,transmitting the above bill and enclosures with a favorable recommendation from Windward Planning Commission Chair Zendo Kern. The applicants request a Change of Zone from Agricultural-3 acres (A-3a)to Family Agricultural-1 acre (FA-1a)in order to subdivide the property into two parcels consisting of a 1-acre lot and a 3.747-acre lot. Re: Comm. 451.7 Intr. by: Mr. Ikeda First Reading: March 21, 2012 PASSED 2nd AND FINAL READING: AYES: Council Members Ford, Hoffmann,Ikeda, Onishi, Pilago, Smart, and Yoshimoto—7. NOES: Council Chair Yagong— 1. ABSENT: Council Member Blas— 1. EXCUSED: None. (For informational purposes, Mr. Onishi voted"Kanalua"twice.) • Page 11 EXHIBIT E qtr os. : • ' . COUNTY OF HAWAII -. - . .-��` /'.: STATE OF HAWAII K._pf'H► BILL NO. 138 ORDINANCE NO. (DRAFT 3) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- THREE ACRES (A-3a)TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-040:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawai`i, shall be Family Agricultural—One Acre (FA-la): Beginning at a spike found at the southern most corner of this parcel of land, also being the southeast corner of Lot B-2-B, the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAUMANA"being 423.87 feet North and 205.36 feet East and thence running by azimuths measured clockwise from true South: 1. 180° 23' 29" 685.63 feet along Lot B-2-B and Lot B-2-A to a pipe set on Lot B-2-A boundary also being the south side of 30 foot wide Akala Road, said point is not at a corner of Lot B-2-A; 2. 292° 20' 00" 487.19 feet along the south side of 30 foot wide Akala Road to a pipe set; 3. 323° 48' 00" 156.46 feet along same to a spike found at the northern most corner of Lot 1; -1- s 4. 55° 39' 27" 663.37 feet along Lot 1 and State of Hawai`i land,to the point of beginning and containing an area of 4.747 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 (2005 Edition),the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) 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. A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be submitted 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 shall construct necessary water system improvements -2- (including but not limited to installation of a service lateral to accommodate a 5/8- inch meter for the proposed additional lot and fire hydrants within 300 feet of each lot) and remit the prevailing facilities charge, as determined by the Department of Water Supply and convey these improvements to the County Water Board prior to Final Subdivision Approval. The applicants, successors or assigns shall execute an Elevation Agreement with the Department of Water Supply prior to water service being provided to the proposed lot. D. Final Subdivision Approval for development shall be secured within five(5) years from the effective date of this ordinance. As represented by the applicants, the subject property shall be subdivided to create no more than two lots, due to the proximity of Kaumana Caves. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance shall prohibit further subdivision of the subdivided lots. This restriction may be removed by amendment of this ordinance by the County Council. E. Restrictive covenants in the deeds of all proposed 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 owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State 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. F. The applicants shall provide a 15-foot wide future road widening setback along the entire property frontage along Akala Road. -3- • G. All new driveway connections to Akala Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. H. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. K. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. -4- M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the 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 applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. 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 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 applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. -5- s Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. 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: REt'CReNCE: Comm. 451.7 -6- Bill 138/Comm. 451 A-3a ,/ A-3a A-3a A-3a A-3a IIIIIj FA-2a h-3a A-3a `i X5.'.1, R5-15 A t p;; , ,, ': ',,, 10 AGRICULTURAL•THREE ACRES(A-3a) i= F ! TO FAMILY AGRICULTURAL-ONE ACRE(FA-1A) �r dz �i� '` tailtv TOTAL AREA 4.747 ACRES t j�a.t A-3a �II3 , a, ' EJ=, A-3a ::;ZI! thugs ' 423. 7N GG ,Y .'.05.36'E 7i,J tI { ` ..PUMA NA" I4 OPEN A a ��OM'1tiq O A 3a ,9 i Feet 0 250 500 1,000 1,500 AMENDMENTTO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL THREE ACRES (A-3a) TO FAMILY AGRICULTURAL - ONE ACRE (FA-1a), AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(312-5-040 019 _ DATE:JUL 19,2011 ` (144' ® e \ \ o. r,� , tea..'4,.. r F < , �, Q1' 4•)+?Zroe. r 6 ua. e•.+. •3-celei: .6 \ �3 � •t. ro . ..e•v.,.• w. srsat?o 5eG.e3 v. V. N. roc.. • tV Ill . < eP\Sa "V ` \\. iv I9 ., s <�. . 5-it 71 ' • ° \O k v° \ OS p \ a. 33 r ra. \O\N°.e- 'AN asllt% e y N \ a , p * .. s li 2 ' g a 0 + g0,_ r v � Z. � 4 p e.”.0.• 40 t / a�' ` 'a ejh� 1 �o O �CT•O« � • p IT ' P ^ y3 QI stCC .; P (• \ate a AI f yr I•,••-. ssl.,' .i Vii/ LTP 9L I+r� .. a,a e/ II" Pe, a r/`` ?4 �b 9'.3 ig m V a. u °a a. It O �� 0 D i�� ' it d� \ u Is �$ \t ��1 \\v 1 IA(if ao d ,>8.1 n ......\ o w. (!Y w<w...r, assl7_.rv�rw \ Chen sT C ir'wia= \\ ems_ \`� / �\ /a p . 1 v � n/ � o n } •\\ v i �c "' C IN °0 0 r" / V/",,...\ a I. �f t ' o i4 .a 0/ w; v a m 1 j 0 of O r' a 0 d\•\ �/IIN � l .` e‘.° ' 00 �/ ` sa Q c nu �� a / e z a�? dpi , / i . �4? a II-A a. B—\• :ate 0 °�/ 41e,4 'e o no N 11 A o ■O a " o' IO `s 1 1`�w� 0 A 6)�1—/�°��;04r _ C✓ (014.%)• • / va'Ot x 4.01 `o�� v#t ego o • ` pa .t3"c,0'6 -� �O /C Z 01 JD 4c?e: s 3. a`°ik a'r_ ' `nJ •My uio ,�.n 7rn` �D` kv / N.i / u UOi Qs_, h n �. �L • 014104 It, �IIO) P.9 © ,S �� ® L% ° � EXHIBIT F• Pi F Attention Planning Committee, COUNTY CLERK 311 ►3, c�tit4-1.45 Hello my name is Marc Butz. My wife,daughter and I live at 55 Akala ReElt04tT*1-1110.44Milld like to bring to your attention two Conditions in our application(REZ 11-141)that we wish to see addressed. NH DEC -6 PM 2: 4 5 The first Condition I would like to discuss is Condition"M". This condition, known as the"Fair Share Contribution" is requesting a contribution of$12,316.47. After extensive research and further discussions with several levels of the County Government I would like to present to you why we feel this Condition should be waived. I have taken the time to research online every single rezone application that has occurred since January of 2005. In addition I have asked the Planning Department to review applications from the mid 1990's,when the Family Agriculture(FA)Zoning was created, until to 2005. What I have found is that in only one other instance has an application been brought to this body requesting a rezone change to FA-la to create one additional lot. This application was filed in early 2004 by a Ms. Ackerman(REZ 04-017). This application,like ours, was rezoning from a larger Ag zoning to FA-1 a and only creating one additional lot. Like ours this application was filed by an individual and not a developer. This application like ours had the ability to create more than just one additional lot but chose to create only one. We feel that this application represents a very clear and compelling precedent as to how applications such as ours have been handled in the past. The reason this application is significant is that this body agreed with the applicant in that case and waived their"Fair Share"condition. It was noted by several of the Committee members at the time that they felt this condition inappropriate for change of zones such as these. Comments were made in favor of this waiver such as "1 think that this is an example of the kinds of very small scale changes that improve the quality of life for people in the community and don't have a major,major, any kind of major,even I don't think such of a minor impact". As well as"there's not significant change here. There can't possibly be$10,000 worth of impact created by this little bit of change,and perhaps we should change our current law and make some kind of law for situations like this". We feel that the waiver of the"Fair Share"condition from rezone application REZ 04-017 represents a strong precedent for very small scale Agricultural zoning changes such ours in which zoning would be changed to FA-la with only one additional developable lot being created. We would ask the Committee to consider the precedent that has been set when reviewing this matter. The second reason we have issue with Condition"M"is that we believe we are in a sense being penalized for attempting to protect the integrity of the land we have. The reason I state this is because while our property is 4.747 acres,only a portion of about 1.75 acres is farmable with good soil. The remainder of the property is either fully or intermittently covered with lava making it unsuitable for any sort of farming or agriculture. Because our lot is over 4 acres we could have requested a FA-2a zoning and still split the parcel into two lots. If we had pursued an FA-2a zoning we would not have been subject to the"Fair Share Contribution"condition. As it was not accessed in a very recent rezoning and subdivision of our neighbor across the street in which they rezoned from Ag-3a to FA-2a(REZ 07-000066). The reason we have chosen to request a FA-la zoning as opposed to a FA-2a zoning is simply to keep the integrity of 1.75 acres of farmable land. If we were to rezone to FA-2a,and therefore have two lots both 2 acres or larger in size,we would have to draw the subdivision line right through this portion of good farmable land (See Map). The result would be to cut the farmable portion of land in half and taking an already agriculturally difficult piece of land (due to its size), and reducing it by approximately 50%. it is our desire to retain the integrity of the farmable land and the reason we request a FA-la zoning as opposed to a FA-2a zoning. We do not see the "fairness" in accessing a fee upon our application that we could otherwise avoid if we showed no interest in the long term viability of the land. We have chosen to do the right thing,we have chosen to be good stewards of the land,and as of right now we feel penalized for it. We would ask the Committee to consider the intent of our zoning choice when reviewing this matter. Comm. No. 57. Ref. To: EXHIBIT G Ref. Dote DEC 0 7 ZO The last reason we would ask Condition M to be waived is the financial burden it would place upon our family. My wife and I are both self employed and while I am proud of the work we do,the truth is financially we struggle. A lifestyle that was difficult five years ago has become even more so since this recession has taken hold. The thought of having to come up with$12,316.47 upfront seems insurmountable to a family just barely getting by. The "Fair Share"contribution condition of$12,316.47 would represent well over 30% of our gross family income,while also seriously putting into doubt our ability satisfy all the necessary conditions to finalize our rezoning and future subdivision. We would ask the Committee to consider our financial situation when reviewing this matter. For the reasons listed above we ask the Planning Committee to please waive Condition M from our application. The second condition we would like to address is Condition F. The current condition states that"a fifteen (15) foot wide road widening setback along the subject property's Akala Road frontage shall be delineated on subdivision plans. The future road widening setback shall be dedicated to the County of Hawaii prior to Final Subdivision Approval". The issue we have with this is two fold. The first is that this condition is written in a manner different from several past examples in which setbacks were written as such"The applicants shall provide a 15 foot wide future road widening setback along the entire property frontage along Akala Road" We feel the latter is more in line and more consistent with past conditions placed on applications. The other point we would like to make is that the relevance of this setback has come into question since the adoption of Bill 99. The purpose of Bill 99 among other things is to remove the"future road widening setback" for the area where Akala Road and Haleloke Streets meet. The effect of this is to essentially take the first step in removing Akala Road as a future road widening. If there exists a possible intent to remove the road widening setback from Akala Road then there is less need for Condition F and certainly no need to dedicate land. I have spoken with the Planning Department and they also are in favor of a change. We would ask that Condition F be altered or re-written to match the language used in other recent rezone applications such as the one on Akala Road in 2009 (REZ 07-000066). We ask that the language be changed to state: "The applicants shall provide a 15 foot wide future road widening setback along the entire property frontage along Akala Road". I appreciate your time and consideration in these matters. Marc Butz I: 1t ro Gam. A • 7 Co 4 4 4 4 . 4 Q- k C i 0 4 --, Q 4 '© 0 • e. riGG .1/4 A t ! #2 is 4) os *1 ti i 0 CF:4 li e iff. / lb % • G / / / ,1,:, i Q ' IN X40 o, i CAA f.---'-- --............ ' • $ ��8 - °ti �.. 1 P/ 19 ��A� Pc.. sis