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Home My WebLink AboutORD 2015-072 2014-2016COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII Ir BILL NO. 72 53 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT 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 RESIDENTIAL AND AGRICULTURAL — ONE AND ONE-HALF ACRE (RA -1.5a) AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-005:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii 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 Waimea Landmark Estates Unit 1, Ouli, Waimea, South Kohala, Hawaii, shall be Residential and Agricultural — One and One -Half Acre (RA -1.5a): Beginning at the northwest corner of this piece of land, being the northeast corner of Lot 7, Waimea Landmark Estates, Unit 1, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW PA" being 12,462.08 feet North and 22,938.59 feet West, and running by azimuths measured clockwise from true south: 1. 2730 13' 40" 272.93 feet along Government Land; 2. 3550 40' 10" 484.51 feet along Lot 9, Waimea Landmark Estates, Unit 1; Thence along the northerly side of Kawaihae Road on a curve to the left having a radius of 603.00 feet, the chord azimuth and distance being: 3. 880 06' 24" 201.92 feet: Thence along the northerly side of Kawaihae Road on a curve to the right having a radius of 25.00 feet, the chord azimuth and distance being: 4. 1170 46' 43" 31.68 feet: Thence along the northeasterly side of Waiemi Place on a curve to the left having a radius of 250.00 feet, the chord azimuth and distance being: 5. 1470 00' 22" 87.54 feet: 6. 1750 40' 10" 418.17 feet along the east side of Lot 7, Waimea Landmark Estates, Unit 1 to the point of beginning and containing an area of 3.000 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, Hawaii 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 -2- (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be -included in any disclosure required for the sale or transfer of all of the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. E. The subject property is identified as a Formerly Used Defense Site (FUDS) by the U.S. Army Corps of Engineers, who will manage the investigation, clean- up and long-term monitoring on lands formerly used as an artillery firing range. For more information, please contact Honolulu District Public Affairs, US Army Corps of Engineers 808-835-4004/4002, hiip://www.poh.usace.army.mil/Missions/Environmental/FUDS.aspx or www. poh.usace. army.mil. -3- F. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. The applicant shall show the natural intermittent watercourse that traverses the property and provide a drainage easement on the preliminary and final subdivision plat. G. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. The applicant shall install a County water service fronting the proposed lot prior to Final Subdivision Approval. I. The existing and future lots shall use the same access driveway to Waiemi Place. This driveway approach to Waiemi Place shall be paved and constructed to conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and County Standard Details R-37 and R-38. J. A ten -foot wide "No Vehicle Access and Planting Screen Easement" shall be established along the Kawaihae Road frontage of the property and shall be shown on the preliminary and final subdivision plat. K. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. M L. Any alteration to the natural shallow intermittent watercourse on the property shall conform to Chapter 27, Floodplain Management, of the Hawaii County Code. M. All earthwork (including grubbing) and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. N. The method of sewage disposal shall meet with the requirements of the State Department of Health. O. 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. P. 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. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -5- 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 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). 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: COiJNCIL NitMBER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: June 16, 2015 Date of 1 st Reading: June 16, 2015 Date of 2nd Reading: July 15 2015 Effective Date: July 20, 2015 REFERENCE coma 308 -6- A -40a A -40a AGRICULTURAL - THREE ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL - ONE AND ONE-HALF ACRES (RA -1.5a) 3.000 ACRES 12,46208' N 22,938.59' W "PU'U Pii" A -3a A -3n A -3a A -3a WAIEMI PL KAWAIHAE RD A -3a A -3a A -3a A -la A -la 14 Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE, AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT 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 RESIDENTIAL AND AGRICULTURAL - ONE AND ONE-HALF ACRES (RA -1.5a) AT WAIMEA LANDMARK ESTATES UNIT I, OULI, WAIMEA, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK: (3) 6-2-005:008 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: JANUARY 26, 2015 EXHIBIT "A" waiemi LLC Map: 1356 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Greggor Ilagan (B/R) Date Introduced: June 16, 2015 First Reading: June 16, 2015 Published: June 27, 2 015 REMARKS: AYES NOES ABS EX Chung Second Reading: July To Mayor: July 10, Returned: July 21, Effective: July 20, Published: July 29, REMARKS: 1, 2015 2015 2015 2015 2015 David X CmNT e r ,Inlr nl, ?1 AES 11= .4 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Approved/Di proved this 2 day 20 _0 MAYOR, COUNTY OF HAWAII CO UN CHAT ERSO V4�cAa C .p TY CLERK Bill No.: 53 Reference: C-308/PC-22 Ord No.: :15, 72