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Home My WebLink AboutBIL 228 Draft 01 2010-2012 Os h ' COUNTY OF HAWAII STATE OF HAWAII- •��''"`'��• ,TE OF N►'i BILL NO. 228 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 FAMILY AGRICULTURAL—2 ACRES (FA-2a) TO FAMILY AGRICULTURAL— 1 ACRE (FA-la) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-5-040:018. 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— 1 Acre (FA-la): Beginning at the North Corner of this parcel of land,being the south corner of Lot 2 and along the Northerly side of Akala Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"Kaumana",being 977.03 feet North and 615.55 feet East, thence running by azimuths measured clockwise from True South: 1. Along the remainder of Grant 4538 to A. Macaulton (Lot 2) on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 157° 20' 14.14 feet; 2. 202° 20' 134.18 feet along the remainder of Grant 4538 to A. Macaulton (Lot 2); 3. 235° 33' 276.39 feet along the remainder of Grant 4538 to A. Macaulton (Lot 2); -1- 4. 345° 36' 332.42 feet along R. P. 5516, L.C. Aw. 4983 to Kukeleau (Lot A-1); 5. 55° 39' 30" 234.15 feet along Grant 10,389 to (Mrs.) Riki Fujimoto (Lot 2); 6. 143° 48' 166.00 feet along Akala Road; 7. 112° 20' 70.00 feet along Akala Road to the point of beginning and containing an area of 2.116 Acres. 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 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. -2- 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 applicants 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. D. Final Subdivision Approval for development shall be secured within five (5) years from the effective date of this ordinance. 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. To provide for future road widening improvements, the fifteen (15)-foot wide future road widening setback along the subject property's 'Akala Road frontage shall be subdivided and dedicated to the County of Hawai`i at no cost upon request. -3- 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. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. 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. 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 recreation, fire, police, solid waste disposal facilities and roads for the -4- one additional lot to be created. The fair share contribution shall become due and payable prior to receipt 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 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 combined value 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; • $286.51 per single family residential unit to the County to support police 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. In lieu of paying the fair share contribution, the applicants, successors or assigns 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 subdivision, 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 applicants, successors or assigns 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 applicants, successors or assigns, 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 applicants'request to the County Council for appropriate action. -6- Q. 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. INTRODUCED BY: .v,. f COUNCIL ME , COUNTY;OF HAWA1 I , Hawai`i \N■ Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REr ►�L NCE: Comm. 668 -7- Bill 228/C-668 A-3a A-3a A-3a A-3a A-3a A-3a FAMILY AGRICULTURAL•TWO ACRES(FA-2a) TO FAMILY AGRICULTURAL-ONE A-3a ACRE(FA-1a) 2.116 ACRES TOTAL A-3a FA-2a A-3a A-3a 977.03'N 515.56'E "KAUMANA" A-3a RS-15 *\ R5-15 41 A-3a R.5-1 5 • A-3a a Q A-1a OPEN 111111■1111111MMEMI■ft......._ i Feet 0 125 250 500 750 1,000 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 FAMILY AGRICULTURAL- 2 ACRES (FA-2a)TO FAMILY AGRICULTURAL- 1 ACRE (FA-1a), AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-5-040:018 DATE:NOV 28,2011 EXHIBIT "A" Leslie A.Botelho and Betty Jean Botelho Man 1320