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Home My WebLink AboutBIL 155 Draft 01 2008-2010 COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO. 155 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 3 ACRES (A-3a) TO FAMILY AGRICULTURAL-1 ACRE (FA-1 a) AT WAIA.KEA, SOUTH HILO,HAWAI'I, COVERED BY TAX MAP KEY: 2-4-031:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) ofthe 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 Waiakea, South Hilo, Hawai'i, shall be Family Agricultural-1 acre (FA-1a): Beginning at the west comer of this parcel of land and on the south side of Ainaola Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 18,256.10 feet South and 97.10 feet West, thence running by azimuths measured clockwise from True South: 1. 2380 57' 27.10 feet along Ainaola Drive; 2. 2310 58' 121.50 feet along Ainaola Drive; 3. 2200 40' 36.50 feet along Ainaola Drive; 4. 3200 40' 200.00 feet along the remainder of Lot 100l-A, Grant 10,965 to Masataro Nagata; 5. 2300 40' 225.05 feet along the remainder of Lot 100l-A, Grant 10,965 to Masataro Nagata; 6. 3550 40' 578.60 feet along Lots 1,2 and 5 ofKaiulani Subdivision, Unit II; -1- 7. 850 40' 450.24 feet along Lot 14, being a portion of Grant 11,611 to Mitsuo Murashige; 8. 1750 40' 507.80 feet along Lots 12, 13 and 14 of Hale Hooko Acres to the point of beginning and containing an area of 5.50 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 applicant(s), 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" -2- within one hundred and eighty (180) days from the effective date ofthis ordinance. D. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. E. Restrictive covenants in the deeds of all proposed lots within the 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 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 applicant shall subdivide a fifteen (15)-foot wide future road widening strip along the entire property frontage of Ainaola Drive, and shall dedicate to the County the future road widening strip within five (5) years from the effective date of this ordinance. G. All driveway connections to Ainaola Drive shall conform to Chapter 22, County Streets, of the Hawai'i County Code. H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Ifrequired, a drainage study shall be prepared and submitted to the Department of Public Works and any required -3- drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawai'i County Code. J. The method of sewage disposal shall meet with the requirements of the Department of Health. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. 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 mitigative measures have been taken. M. If the applicant, successors, or assigns develops residential units on the subject property, the applicant shall make their 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 may be adjusted annually beginning three years after -4- 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 $7,698.11 per multiple family residential unit ($11,996.63 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 multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,797.26 per multiple family residential unit ($5,784.99 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $120.01 per multiple family residential unit ($279.07 per single family residential unit) to the County to support police facilities; 3. $369.17 per multiple family residential unit ($551.20 per single family residential unit) to the County to support fire facilities; 4. $164.54 per multiple family residential unit ($241.32 per single family residential unit) to the County to support solid waste facilities; and 5. $3,247.12 per multiple family residential unit ($5,140.06 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. -5- 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 applicant 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 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). 5. If the applicant 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 area to its original or more appropriate designation. -6- 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: A~~ ct7< ~ ~~~ COUNCIL MEMBER, COUNTY OF HAW AI'I , Hawai'i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: RtffR6N~ ~ 556 -7- - o ~ A-30 \ ' ~ ~ _ RS 10 A-30 __ ~I KEA. ~S 10 TI?' A-30 RS-1 RS-15 '\' RS-1O) - RS-15 ~ RS~ _ Afu _L/ ./" ! ~ A-10 RS 15 I..... Qi 10 g, tr1 - L\f) '!:1. tr1Cl. ,^ ~ f- I- R -15 -l' 0 A-30 r \f) .~ - - - - 0. ~ QR -10 ~ ~~ 91 A-30 A-30 R 0 A-30 . A-30 A-10 -1 A-30 ~. () '\': R -10 (j ~'<; ~ A-10 - A-30 A 10 C 18,256.105/\ 9710 W "HALA 1" IMA.UIA ,T. A-30 A-30 o p::: ~ ~ -< ,...J <l; Z ~ L6l]1~AMC sr. A-10 A 10 A-30 A-10 l----- A 10 A-10 A-10 A-30 RA-.50 ..... ~ ~ t; 9 Qi A-30 AGRICULTURAL - 3 ACRES (A-3a) TO FAMILY AGRICULTURAL- 1 ACRE (FA-1a) 5.50 ACRES - A-30 A-10 (fl ,.., 600 , , AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 3 ACRES (A-3a) TO FAMILY AGRICULTURAL -1 ACRE (FA-1a) AT WAIAKEA, SOUTH HILO, HAWAI'I TMK: 2-4-31:8 MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT' EXHIBIT "A" (Ccmn. 556/Bill 155) DATE: July 22, 2009 (Edward Nagata Map 1267)