HomeMy WebLinkAboutCOM 0451.003 2010-2012 DONALD IKEDA :'o�JMtY'q�h'w Phone No.: (808)961-8261
Council Member Fax No.: (808)961 8912
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District 2 South Hilo ' '� ��-'�•���•3 E-mail: dikeda @co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai
Hawai`i County Building
25 Aupuni Street —�
Hilo, Hawai`i 96720
DATE: February 14, 2012 =' j
TO: Dominic Yagong, Chair
and Members of the Hawai`i County Council ='
FROM: Donald Ikeda, Council Member ti =��
CO RE: Proposed Amendment to Bill No. 138; An Ordinance Amending Section 25-8-33 (City of
Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983
(2005 Edition), by changing the District classification from Agricultural—Three Acres
(A-3a) to Family Agricultural—One Acre (FA-1a) at Ponahawai, South Hilo, Hawai`i,
covered by Tax Map Key: 2-5-040:019
Please find attached proposed amendments to Bill No. 138. The amendments are illustrated below via
Ramseyer format with respect to the contents of Bill No. 138; material to be deleted is bracketed and
stricken through; material to be added is underscored.
Bill No. 138 is amended by amending Condition F to read as follows:
"F. [To provide for future road widening improvements, a fifteen (15) foot wide road
widening setback along the subject property's Akala Road fronta_- -. . -: -
subdivision plans. The future road widening setback shall be dedicated to the County of
Hawai`i prior to Final Subdivision Approval]. The applicants shall provide a 15-foot
wide future road widening setback along the entire property frontage along Akala Road.”
Bill No. 138 is further amended by deleting Condition M in its entirety as follows, with subsequent
conditions being re-lettered accordingly:
["M. The applicants, successors or assigns shall make their fair share contribution to mitigate
the potential regional impacts of the proposed subdivision with respect to parks and
.-, - :: . . • •- . ... . - .-. . .
Comm. No. Lf CV 3
Ref. To: PL
Ref. Date 5E8 14 201
of Final Subdivision Approval. The fair share contribution for the 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 adjuster . - - .. _ • • . - . . -
the effective date of this ordinance, based on the percentage change in the Honolulu
of$12,316.47 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:
• $5,939.22 per single family residential unit to the County to support park
and recreational improvements and facilities;
• $28:. ... .. • -
facilities;
• $565.89 per single family residential unit to the County to support fire
facilities;
• $247.75 per single family residential unit to the County to support solid
waste facilities; and
• $5,277.10 per single family residential unit to the County to support road
and traffic improvements.
contribute land and/or construct improvements/facilities related to parks and recreation;
proposed subdivisia , - - - • . - . - •-- .. .. . -- . -•
!• - . , . .. - - - •- . - .. oval of the County
Council.]
A draft copy of Bill No. 138, Draft 2, with these amendments incorporated therein is attached.
Thank you.
Di:awm
att.
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 - THREE ACRES (A-3a) TO FAMILY AGRICULTURAL—ONE ACRE
(FA-la) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-5-040:019.
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 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Ponahawai, South Hilo,
Hawai`i, shall be Family Agricultural—One Acre (FA-la):
Beginning at a spike found at the southern most corner of this parcel of land, also
being the southeast corner of Lot B-2-B, the coordinates of said point of beginning
referred to Government Survey Triangulation Station"KAUMANA" being 423.87 feet
North and 205.36 feet East and thence running by azimuths measured clockwise from
true South:
1. 180° 23' 29" 685.63 feet along Lot B-2-B and Lot B-2-A to a
pipe set on Lot B-2-A boundary also
being the south side of 30 foot wide
Akala Road, said point is not at a
corner of Lot B-2-A;
2. 292° 20' 00" 487.19 feet along the south side of 30 foot wide
Akala Road to a pipe set;
3. 323° 48' 00" 156.46 feet along same to a spike found at the
northern most corner of Lot 1;
4. 55° 39' 27" 663.37 feet along Lot 1 and State of Hawai`i
land, to the point of beginning and
containing an area of 4.747 Acres
more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
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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 applicants, 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"
within one hundred and eighty (180) days from the effective date of this
ordinance. The applicant shall construct necessary water system improvements
(including but not limited to installation of a service lateral to accommodate a 5/8-
inch meter for the proposed additional lot and fire hydrants within 300 feet of
each lot) and remit the prevailing facilities charge, as determined by the
Department of Water Supply and convey these improvements to the County
Water Board prior to Final Subdivision Approval. The applicants, successors or
assigns shall execute an Elevation Agreement with the Department of Water
Supply prior to water service being provided to the proposed lot.
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D. Final Subdivision Approval for development shall be secured within five (5)years
from the effective date of this ordinance. As represented by the applicants, the
subject property shall be subdivided to create no more than two lots. Restrictive
covenants in the deeds of all proposed lots shall give notice that the terms of the
zoning ordinance shall prohibit further subdivision of the subdivided lots. This
restriction may be removed by amendment of this ordinance by the County
Council.
E. Restrictive covenants in the deeds of all proposed lots 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 applicants shall provide a 15-foot wide future road widening setback along
the entire property frontage along Akala Road..
G. All new driveway connections to Akala Road shall conform to Chapter 22,
County Streets, of the Hawai`i County Code.
H. Any new construction or substantial improvements shall comply with the
requirements of Chapter 27, Floodplain Management, of the Hawai`i County
Code.
The method of sewage disposal shall meet with the requirements of the State
Department of Health.
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J. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works and any required
drainage improvements shall be constructed, meeting the approval of the
Department of Public Works prior to Final Subdivision Approval.
K. All earthwork activity, including grubbing and grading, shall conform to
Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code.
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 mitigation measures have been taken.
M. 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.
N. The applicants, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
O. 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 applicants, successors or assigns,
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and 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 applicants 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 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.
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