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Home My WebLink AboutBIL 019 Draft 01 2008-2010OFFICE OF THE COUNTY CLERK County of Hawaii Kona , Hawaii Introduced By: Donald Ikeda Datelntroduced: March 18, 2009 First Reading: March 18, 2009 Published: N/A REMARKS: 03/18/09 - Close File Second Reading: To Mayor: Renvned: EftBctive: Published: REMARKS: ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 0 9 0 0 ROLL CALL VOTE AYES NOES ABS EX Enriques Ford Greenwell Hoffmann Ikeda Naeole Onishi Yagong Yoshimoto 1 DO HEREBY CERT/FY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Approves!/Disapproved phis day 19 Bill No.: C-95/PC-10 Reference: Ord No.: 20 ddAYOR, C'OUNTYOF HAWAI'1 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 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 CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL - .5 ACRE (RA-.Sa) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2- 048:O10AND 120. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION L Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai `i, shall be Residential and Agricultural - .5 acre (RA-.Sa): LOT A: Beginning at the northeast comer of this parcel of land, being also the southeast corner of Waiakea Uka Flood Control and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 14,839.05 feet South and 13,455.99 feet East, thence running by azimuths measured clockwise from true South: 341 ° 00' 179.50 feet along Awa Street; 2. Thence along Ka`oko`a Place on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 26° 00' 42.43 feet; 71° 00' 481.00 feet along Ka`oko`a Place; 4. Thence along same on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 116° 00' 18.39 feet; 5. 71 ° 00' 141.00 feet along Ka`oko`a Place and the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 6. 161 ° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 7. 251 ° 00' 665.00 feet along Waiakea Uka Flood Control to the point of beginning and containing an area of 3.151 Acres. LOT B Beginning at the southeast corner of this parcel of land, being also the northeast comer of Grant 13,035 to Martin John Branco (Lot 7-A) and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation "HALAL", being 15,282.50 feet South and 13,608.69 feet East, thence running by azimuths measured clockwise from true South: 71° 00' 665.00 feet along Grant 13,035 to Martin John Branco (Lots 7-A, 7-B and 7-C); 2. 161 ° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D); 3. 251 ° 00' 141.00 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D) and Ka`oko`a Place; 4. Thence along Ka`oko`a Place on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 206° 00' 18.39 feet; 5. 251 ° 00' 481.00 feet along Ka`oko`a Place; -2- 6. Thence along same on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 296° 00' 42.43 feet; 7. 341 ° 00' 179.50 feet along Awa Street to the point of beginning and containing an area of 3.151 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made 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: (1) Necessary to prevent circumstances which maybe 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Condition C of Ordinance No. 96 73 which requires all uses established on the lots to be in conformance with the statutory requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code) shall not be applicable to TMK: 2-2-48: 10 and 120 upon the effective date of this ordinance. -3- C. The required water commitment pa}~nent shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. D. 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. E. 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. F. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. G. Provide a 5-foot wide future road widening setback along Awa Street, as required under Subdivision No. 06-000125. H. Provide improvements to the entire frontage of Awa Street consisting of, but not limited to, paved shoulder and swale and any required utility location, meeting with the approval of the Department of Public Works. -4- Provide improvements to the existing 20-foot wide pavement within the 50-foot wide Kaokoa Place right-of--way consisting of, but not limited to, paved shoulders and swales, meeting the requirements of a dedicable street. All driveway connections to Awa Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. K. hrstall streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. L. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinurce prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction maybe 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. M. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. -5- N. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the submittal of plans for subdivision review. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. O. A Solid Waste Management Plan shall be submitted to the Departmeut of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. P. The method of sewage disposal shall meet with the requirements of the State Department of Health. Q. 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-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. R. The applicant(s) shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, Fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the 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 maybe adjusted annually begimring three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer -6- Price Lrdex (HCPI). The fair share contribution shall have a combined value of $11,506.13 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: $5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; $267.66 per single family residential unit) to the County to support police facilities; $528.66 per single family residential unit) to the County to support fire facilities; 4. $231.45 per single family residential unit) to the County to support solid waste facilities; and 5. $4,929.90 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants 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. -7- S. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. T. 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. U. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. V. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 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 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. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. -8- 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 maybe extended for up to one additional year). If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and 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 area 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 Hawaii Date of L~troduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. C-95 -9- N A-Sa A-Sa H~t¢ A-5a ~ A-10a 9~ 9 NA f0.e39.os s .,,,. 13,455.99 E It{3i~{~I{{~r{tl~~I , i i l t t i i ; a-1oa ,',II!ii{I~R'~slP.3a1tD ~~~~~I~~~~I~~~~t~~~;~l~i~~~~~~~~'sI IIIe'~= {. ir3{l3III8 } L3P ND Sal i}I„''I c E lam' - {~~}~~~~~ i ~I,l ~~ ~~ ~~I~ i RR DE`p 5p P S N ~ s 4 PDR\G k =''I'=~ A-f0a ='~ks,I~~N~~~?~~~;~ dIEi,{t, i il II DRR ~ SD~ i ,, R\CD~ I I ( 5IP „I,tI,({iFIII 4S IkIll A PG 3 ~ - ., •ni!;PIIIt i OKOAQ~ iPt„({{~~~~~~~~ ~E ~~I ~ ~ flfll'~~~~131f~E~~~{~t i HI~I) ~ ~ {ii ~{II93, U1. t i •. {~sI IG ,«: i I ~~~#~ ~~ ~~ ii P , Ii =III, it ~j~~!~~'!SI(Ii~i t ~~~ r 'i~IIIII~HI,II, galSD '~~ I I ~~ ~ ~~ ~ ~~~ ~ t a ~I =~ ~ ~ ~ c{I~;~'=I.iiIIl~~illii.;t; ~3 PCRES lP I ~;~~~~~3, ND Sal , ~ ,; ind: usezs9 s A-3a '°I tV1~' SVPA-P EIF~' ~ it i tJ t, s VA, I I I ~{;~'~Ei~~~'~~~~ PAR\C RES\DE p Sp pCR II~{~IilI7rCN,a 17,608.69 E I GRES "HALM" jV~~ ~~ ` P ~ +tt { \ ~ 3 \ 1 DRD 5 i {Il ~la{ ~ ~ ~.,,__.,, i ~ ~s~~~~~~E~~3j~{ P I , ~ i, A-3a A-3a A-3a A-3a 0 165 330 660 990 1,320 Feel 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 CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL 0.50 ACRE (RA-.5a) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY.~ MK: 2-2-048:010 & 120 COUNTYOFHAWA!!, PLANNING DEPARTMFM DATE. Jul 14 200 EXHIBIT °A~~ (Sonomura Rentals, Inc.:1248)