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Home My WebLink AboutORD 2012-112 2010-2012COUNTY OF HAWAII STATE OF HAWAII BILL NO. 258 ORDINANCE NO. 12 112 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 —1 ACRE (FA -la) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2 -4- 004:072. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: 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 Waiakea, South Hilo, Hawai`i, shall be Family Agricultural — 1 acre (FA -la): Beginning at a pipe set at the southwest comer of this parcel of land, also being a southeast corner of Lot 3 -B -1 of Lot 909 of Waiakea Homestead Lots lst Series, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 18,029.57 feet South and 5,972.02 feet East and thence running by azimuths measured clockwise from true South: 1. 175° 40' 00" 175.00 feet along Lot 3 -B -1 of Lot 909 of Waiakea Homestead Lots 1st Series to a pipe set; 2. 265° 40' 00" 737.24 feet along Lot 2 of Lot 909 of Waiakea Homestead Lots 1st Series to a pipe found; 3. 355° 40' 00" 155.00 feet along the west side of Laula Road to a pipe set; Thence, on a curve to the right with a radius of 20.00 feet the chord azimuth and distance being: 4. 40° 40' 00" 28.28 feet along Lot 3 -B -1 of Lot 909 of Waiakea Homestead Lots Series to a pipe set; 5. 85° 40' 00" 717.24 feet along same to the point of beginning and containing an area of 2.960 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. 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. D. 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. E. The applicant shall identify a five (5) -foot wide future road widening setback along the entire property frontage of Laula Road and a forty (40) -foot wide future road widening setback along the entire rear property line for the proposed Iwalani Street extension on the Preliminary and Final Subdivision Plat Maps. To the extent practical, the proposed lots shall be configured to meet the minimum building site area of one (1) acre, exclusive of the required future road widening setbacks. The two future road widening setbacks shall be subdivided and dedicated to the County of Hawai`i at no cost upon request. F. All driveway connections to Laula Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. G. 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 -3- 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. H. 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. 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. J. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements, including the Department of Water Supply. K. 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. -4- 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. 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. Kona , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Cc mm INTRODUCED BY: July 3, 2012 July 3, 2012 July 19, 2012 August 10, 2012 728 gesmaimammingnignifinme -5- Comm. 728 /Bill 258 Wim Sam= Wall 0111 on3 :11 1114115..is ILOA ST 1.1.1 sammerm AGRICULTURAL - THREE ACRES (A-3a) TO FAMILY AGRICULTURAL - ONE ACRE (FA -1a) 2960 ACRES TOTAL 0 250 500 1,000 Feet 1,500 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 FAMILY AGRICULTURAL- 1 ACRE (FA -1a), AT WAIAKEA, SOUTH HILO, HAWAII TMK: (3) 2- 4- 004:072 MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: MAR 01, 2012 EXHIBIT "A" Joseph Okuna Mao 1321 OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i Introduced By: Pete Hoffmann Date Introduced: July 3 , 2012 First Reading: July 3 , 2012 Published: N/A REMARKS: Second Reading: July 19 , 2012 To Mayor: July 27 , 2012 Returned: August 10, 2012 Effective: August 10, 2012 Published: August 21, 2012 REMARKS: 7 ROLL CALL VOTE NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the C my Council published as indicated above. APPROVED AS TO FOR AND LEGAL Y. D PUT ORPORATIO COUNSEL COUN Y OF HAWAII Date JUL 31 2012 roved this 1 day t161 , 20 12- . MAYOR, COUNTY OF HAWAI `I CQ UNCIL CHAIRPER UNTY CLERK Bill No.: Reference: Ord No.: 258 C- 728/PC -51 12 112