HomeMy WebLinkAboutORD 2022-100 2020-2022 .-'NZY os y
COUNTY OF HAWAII } �-'t-,;'�!:. STATE OF HAWAII
BILL NO. 198
ORDINANCE NO. 22 100
AN ORDINANCE AMENDING SECTION 25-8-32 (SOUTH HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII 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, HAWAII, COVERED BY TAX
MAP KEY: 2-4-039:025.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-32, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
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. 265° 40' 930.78 feet along the south side of Haihai
Street;
2. 28° 58' 111.49 feet along the westerly side of
Ainaola Drive;
3. 119° 41' 92.40 feet along Camp 5-A;
4. 29° 41' 499.60 feet along Camp 5-A;
-1-
5. 299° 41' 100.39 feet along Camp 5-A;
6. 28° 14' 59" 60.42 feet along the westerly side of
Ainaola Drive;
7. 29° 41' 385.07 feet along the westerly side of
Ainaola Drive;
8. 299° 41' 5.00 feet along a jog in Ainaola Drive;
9. 29° 41' 38.43 feet along the westerly side of
Ainaola Drive;
10. 120° 51' 23.28 feet along Lower Waiakea-Uka Tank
Site;
11. 32° 02' 27.14 feet along Lower Waiakea-Uka Tank
Site;
12. 122° 02' 50.00 feet along Triangulation Station
"TANK" Lot;
13. 32° 02' 50.00 feet along Triangulation Station
"TANK" Lot;
14. 122° 02' 217.20 feet along a portion of Grant 11,642
to Kikumi Higa Maedo;
15. 32° 02' 190.01 feet along a portion of Grant 11,642
to Kikumi Higa Maedo;
16. 85° 40' 297.86 feet along Lot 1-A, a portion of
Grant 11,642 to Kikumi Higa
Maedo;
17. 175° 40' 151.61 feet along Lot 22 of Waiakea Nani
Estates;
18. 265° 40' 60.87 feet along Lot 23 of Waiakea Nani
Estates;
19. 175° 40' 99.60 feet along Lot 23 of Waiakea Nani
Estates;
-2-
20. 265° 40' 161.70 feet along Lot 25 and Lot 26 of
Waiakea Nani Estates;
21. 175° 40' 144.25 feet along Lot 26 of Waiakea Nani
Estates;
22. 265° 40' 113.50 feet along Ho`olala Street and Road
Lot of Waiakea Nani Estates;
23. 175° 40' 50.00 feet along Road Lot;
24. 265° 40' 10.90 feet along Lot 27 of Waiakea Nani
Estates;
25. Thence alongRoad Lot B of Waiakea Nani Estates, alonga curve to the right with
g
a radius of 475.00 feet, the chord
azimuth and distance being:
269° 09' 57.72 feet;
26. 182° 38' 110.32 feet along Road Lot B and Lot 27 of
Waiakea Nani Estates;
27. 175° 40' 195.30 feet along Lot 28 and Lot 29 of
Waiakea Nani Estates;
28. 85° 40' 58.90 feet along Lot 29 of Waiakea Nani
Estates;
29. 175° 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:
-3-
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
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 of the Department of Water
p adjustmentp
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.
-4-
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-dedicable standards and dedicated to the County. There shall be no direct
driveway access to Haihai Street or Ainaola Drive fromindividual lots.
G. All subdivision roadway connections and construction within the Ainaola Drive
and Haihai Street Right-of-Way shall conform to Chapter 22, County Streets, of
the Hawai`i 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 along interior subdivision roadways and in
proximity to its intersections with Ainaola Drive and Haihai Street, meeting with
the approval of the Department of Public Works-Traffic Division.
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
-5-
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 Hawai`i 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.
K. The applicant shall comply with Chapter 27, Flood Control, of the Hawai`i
County Code.
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.
-6-
O. Construction activities must comply with the provisions of Hawai`i
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 1st to September
15th.
R. If anystate-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
Hawai`i 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(`lo)
nests are present.
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
-7-
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.
-8-
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, Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
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.
-9-
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.
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:
�y I [ ,.
1i [ 1.A
CO -1 CIL MEMBER, COUNTY OF HA AI`I
Kona , Hawai`i
Date of Introduction: September 7, 2022
Date of 1st Reading: September 7, 2022
Date of 2nd Reading: September 21, 2022
Effective Date: October 4, 2022
REFERENCE Comm.
919 -10-
-, -
1s Fawn 11 �� A3c ■ r
k '4ft314 III I'1I! AJ
�► ;�o D ■II/I ■ OP low
1 111 �� ��
puHAU ST N I ur;• ousompum. WIN Mill I --LA ip ji .... , 0 _op. ,,0 a u ,ii 0 ,i 1
KULEANA LOOP ■ m■ aoho, Riaisl r SI ==SII : ri
',i,• . �,�,,,, • '�
15
S rci� _
6 IS ■
oo MEM"MINIMMimi=
O ST ra y M Rs-10 ��i j 7 �s ���� m o g ■ D
MOO z ■ ■
mum 0
/� Nil
mawAi.UM He ■ ■■ ■■ , NAM m f i1
. .,
■� = A- _ �� nm min ■■ ■MI MI= =EMI sal ■ :a NI■■ I• _ , �A� I ■1 ar.� * III -I�MIIIIIIIII� � � � OC�� Ibia=� ten■ E-■ ■ IIII■ill■■ � � 't 1A t IliaPIZ= ` nil`•C = ■� ■ ■ • - ■ ** :»�l��1 Il1r1.
Sow _ Z volvo Ism z■ Rs Ell:
l 1111 -::+ AWELAPL ggEtnool .11111 �\ii■�■■
■um W� �" 111■■■� /1\�■ � 7 �� �� ,1111illi11111111111 i - 16,040.81's ��1
1 ■ „ 0 z 4, 367.85'E Si •
I 3a� p m ■p A-3n .` „HALAI" L'� Mill v 1,71 ■ ■ r ■ `� ■� . . o
I -o ■ ■ i o ■ m ■� • mil -+ _C , (J1 r � � DII r A-3a nil 111
acw lig r- — WI III-0 ,:,_;-- ,-,,,,„ ,,-,,z,
Ili ■ V■ ■ AGRICULTURAL(A-3a)TO ■
■ ,Illiiimi C z �{ �� '' ■ ■r ' SINGLE-FAMILY __ MIN joj
nil • a�a
■ m �� ri ■s ■�� 4 RESIDENTIAL(RS-15) ;- - 3■ ■,,i NE
-Miii---
m -- - �''- 13.538 ACRES ; OPEN WS I,,i��
Ea
r.,:x. ::: A-3a b■ ■.wi®■ii 1 PI PilMALIA1111 1ut13° A-3a o
giviirilira* !�! IIEII,11111111111� = A-3a
111111111111111111!....a •
■1111 IMAMO ST 11111 z
MALUHIAST = .a litill . ■111 LE 1 D
lailiam'all.m_itArriiiiiireitoirs � � - 111111. -�� 11111�1�111I _ �i ram ■11111RA5i „nu
A-1a ■ A-3n
-111111111111111111113P111111111111111111 1
li. __ a o
•MIMI111111rila (1' We ' ' 111111111 IA.111.1111111111111111.111mM110
A-la o -
iiimiik
Nil ig la ■ A-3a
ii EMII M9
en • '
A-3a A-3a A-3a Q — �
IIIA-3aIIIIIIIIIIIII
I11111
___ ......, _.Feet
0 1,000 2,000 3,000 4,000 5,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-32 (SOUTH HILO ZONE MAP)ARTICLE 8,
I CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL DISTRICT (A-3a) (MINIMUM BUILDING SITE OF 3 ACRES)
TO SINGLE-FAMILY RESIDENTIAL DISTRICT (RS-15) (MINIMUM BUILDING SITE OF
15,000 SQUARE FEET)
ATAINAOLA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-4-039:025 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 29,2022
RJ L,LLC,
EXHIBIT"A" Map: 1442
COUNTY
OFFICE OF THE COUNTY CLERK cou<<;I << ; f, I:1
County
County of Hawai`i
Kona, Hawai`i 7i22 OCT -14 PH 14: 06
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: September 7, 2022 AYES NOES ABS EX
First Reading: September 7, 2022 Chung X
Published: September 16, 2022 David X
Inaba X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: September 21, 2022 8 0 ' 1 0
To Mayor: September 29, 2022
Returned: October 4, 2022 ROLL CALL VOTE
Effective: October 4, 2022
Published: October 21, 2022 AYES NOES ABS EX
Chung X
REMARKS:
David X
Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
ems►:
COUNCIL . .
•
vre
roved/ sapproved this day
of ac-1){;.w- , 20 r RK
198
Bill No.:
MAYOR, COUNTY OF HAWAII C-919/PC-74
Reference:
Ord No.: 22 100