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Home My WebLink AboutBIL 145 Draft 01 2012-2014 -J+tr,��ham. ', H•q� COUNTY OF HAWAII :• `„ �:• STATE OF HAWAII '•, + MOB,'`: BILL NO. 145 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-19 (NORTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT WAIPUNALEI, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY 3-6-005:003. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-19, 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 Waipunalei, North Hilo, Hawai`i, shall be Agricultural—Five Acres (A-5a): Beginning at the west corner of this parcel of land and on the northerly side of Old Mamalahoa Highway,the coordinates of said point of beginning referred to Government Survey Triangulation Station"WAIPUNALEI"being 99.30 feet South and 94.20 feet West and running by azimuths measured clockwise from True South: 1. 224° 30' 700.00 feet along Lot 4A; 2. Thence following along the top of sea bluff and all its windings,the azimuth and distance being: 323° 38' 30" 644.93 feet(calculated); 3. 44° 30' 687.02 feet(calculated) along Lot 6; 4. 142° 30' 643.00 feet along the northerly side of Old Mamalahoa Highway to the point of beginning and containing an area of 10.17 (recorded) acres. -1- 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, Hawaii 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The required water commitment payment shall be made 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. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. -2- E. Restrictive covenants in the deeds of all the proposed lots within the subject 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 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 Hawai`i 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 driveway connection to the Old Mamalahoa Highway shall conform to Chapter 22, Streets, of the Hawai`i County Code. G. The method of sewage disposal shall meet the requirements of the Department of Health. H. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 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 Resource— 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. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included -3- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. An initial extension of time for the performance of conditions within the permit 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 Hawai`i County Council for appropriate action. -4- Should any of the conditions not be met or substantially complied with in a timely fashion, the 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 • BER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 491 -5- Ocean AGRICULTURAL-TWENTY ACRES(A-20a) TO AGRICULTURAL-FIVE ACRES(A-5a) 10.17 ACRES TOTAL 99.30'5 .20'W 'WAIPU94NALEI" 411140k All Surrounding Parcels on this Map are A-20a N11;), �1. [Feet 0 250 500 1,000 1,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-19 (NORTH HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a)TO AGRICULTURAL - FIVE ACRES (A-5a), AT WAIPUNALEI, NORTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)3-6-005:003 DATE:JUNE 17,2013 EXHIBIT "A° Estate of Elizabeth A.8 Map 1337