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Home My WebLink AboutBIL 040 Draft 01 2024-2026COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP CLASSIFICATION FROM AGRICULTURAL - 10 ACRES (A-10a) TO AGRICULTURAL - 5 ACRES (A-5a) AT PANAʻEWA, HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-048:013 (POR.). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 25-8-33, 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 Panaʻewa, Hilo, Hawai‘i, shall be Agricultural-5 acres (A-5a). Beginning at the northwest corner of this parcel of land, being the southwest corner of Lot 4, Grant 130032 to Yoshiro Kami Itusuko Kami, said Panaʻewa Farm Lots on the east line of Awa Street, 50 ft. wide, said Point of Beginning referred to Government Survey Triangulation Station “HALAI” being 15,875.13 feet south and 14,965.65 feet west, and running by azimuths measured clockwise from true South: 1. 251º 00' 00" 814.60 feet along Lot 4, thence; 2. 341º 00’ 00" 644.00 along remainder of Lot 5, thence; 3 71º 00' 00" 814.60 feet along north line of Makalika Street, 50 feet wide, thence; 4. 160º 00' 00" 644.00 feet along said Awa Street to the Point of Beginning enclosing an area of 12.043 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: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. The applicant(s), its successor(s), or assign(s) (“Applicant”) shall be responsible for complying with all the stated conditions of approval. A water commitment deposit shall be paid to the Department of Water Supply (DWS) within 180 days from the effective date of this ordinance in accordance with Rule 5 of DWS’s Rules and Regulations. The Applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. Prior to receipt of Final Subdivision Approval, the Applicant shall construct necessary water system improvements as required by the Department of Water Supply, which shall include, but not be limited to the installation of a service lateral that will accommodate a 1-inch water meter. Final Subdivision Approval shall be completed within five (5) years from the effective date of this ordinance. The time during which required plans, reports, studies, or relevant permit applications are under review for approvals by government agencies shall not count towards the deadline established in the ordinance. To justify this tolling, the Applicant shall provide evidence of the excluded time period to the planning department for its review and approval, which shall consist of dates obtained from a government agency website, permitting program, or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the government agency. Based on the Applicant’s representation to use the existing accesses from Makalika Street, the Applicant shall secure perpetual grant of easement for shared use of the parking lot and access to Makalika Street with the remainder lot prior to the issuance of Final Subdivision Approval. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawai‘i County Code. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. If required by the Department of Public Works, a drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division, prior to the issuance of Final Subdivision Approval. The method of sewage disposal shall meet with the requirements of the Department of Health. 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 department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent work shall proceed upon receipt of an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 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. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaiʻi County Code. If any conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with section 25-2-44(c), the planning department shall inform the Applicant that the ordinance is null and void without further action by the County. In that event, the zoning designation of the property(s) affected by the ordinance shall automatically revert to its immediate prior zoning 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: COUNCIL MEMBER, COUNTY OF HAWAI‘I , Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: