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Home My WebLink AboutORD 2014-103 2012-2014 �II¢J COUNTY OF HAWAII STATE OF HAWAII o,�,:' �. ORDINANCE NO. 14 103 BILL NO. 260 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`l COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-1 a)AND AGRICULTURAL—THREE ACRES (A-3 a)TO FAMILY AGRICULTURAL— ONE ACRE (FA-la), AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAI`l, COVERED BY TAX MAP KEY: 2-4-034:046. 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 Hawaii 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 Homesteads 2'd Series, Waiakea, South Hilo, Hawaii, shall be Family Agricultural—One Acre (FA-1a): Beginning at a pipe at the northwest corner of this parcel of land being also the northeast corner of Lot 4 and on the southerly side of Ho`ohoaloha Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 20,030.66 feet south and 3,397.87 feet west, and running by azimuths measured clockwise from true South: Thence along the easterly side of Ho`ohoaloha Street along a curve to the left having a radius of 45.00 feet, the chord azimuth and distance being: 1. 1920 56' 28" 75.81 feet; thence along the easterly side of Ho`ohoaloha Street along a curve to the right having a radius of 40.00 feet, the chord azimuth and distance being: 2. 1550 36' 28" 27.44 feet; 3. 2650 40' 414.00 feet along Waiakea Acres Subdivision Lots 16 and 13-A; thence along Lot 13-A along a curve to the left having a radius of 20.00 feet, the chord azimuth and distance being: 4. 2200 40' 28.28 feet; 5. 1750 40' 117.27 feet along Lot 13-A; 6. 2650 40' 25.00 feet along Lot 13-A; 7. 3550 40' 187.27 feet along Lot 6; 8. 230 54' 30" 398.55 feet along Lot 6; 9. 830 52' 13" 107.73 feet along remainder of Grant 11,843 to First Trust Co. of Hilo, Ltd. Trustee under the Will and of the Estate of James N. K. Keola, deceased; 10. 1450 48' 40" 353.19 feet along Lot 4 to the point of beginning and containing an area of 3.012 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, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) 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. -2- 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, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. E. The required water commitment payment for the additional lots 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. F. 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. -3- G. Covenants in the deeds of all the subdivided lots shall state that no variance from the minimum water and road requirements shall be granted to subdivide the lots. A copy of the proposed covenant(s) to be recorded with the 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 approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances with a copy of the recorded covenant to be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. 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. I. All driveway connections to Ho`ohoaloha Street and Ho`ohoaloha Place shall conform to Chapter 22, County Streets, of the Hawaii County Code. J. All development-generated runoff shall be disposed of onsite 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. -4- K. 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. L. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development 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 newly created 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$13,081.99 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: 1. $6,308.37 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $304.32 per single family residential unit to the County to support police facilities; 3. $601.06 per single family residential unit to the County to support fire facilities; 4. $263.15 per single family residential unit to the County to support solid waste facilities; and -5- 5. $5,305.09 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant 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. 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 18, 2014 Date of 1st Reading: July 18, 2014 Date of 2nd Reading: August 6, 2014 Effective Date: August 27, 2014 REFERENCE Comm. 904 -6- A-3a A-1a CN-10 I N A-1a A-10a j A-1a A-1a C 10 A-10a A-1a A a -1a A-1a A-1a A 3a HOOHOALOHA PL AGRICULTURAL-ONE ACRE(A-1a)and AGRICULTURAL-THREE ACRES(A-3a) = TO FAMILY AGRICULTURAL-ONE ACRE(FA-1a) 0 A-11 3.012 ACRES TOTAL 0 0 A-1a 0 ro A-1a A-1a A-1a D A a ?A,030.66'S A-3a 3,- .8T W °HA&AT A-3a A-3a A-3a Feet 0 250 500 1,000 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 - ONE ACRE (A-1 a) and AGRICULTURAL -THREE ACRES (A-3a) TO FAMILY AGRICULTURAL - ONE ACRE (FA-1 a) AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA , SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-4-034:046 DATE:April 08,2014 EXHIBIT "A., B-11 Educational Trust Man-1gdfi OFFICE OF THE COUNTY CLERK C O�I T `!!'AVA I I County of Hawaii Hilo, Hawaii 201q AUG 28 PM 12: 01 Introduced By: Zendo Kern (B/R) ROLL CALL VOTE Date Introduced: July 18, 2014 AYES NOES ABS EX First Reading: July 18, 2014 Eoff X Published: July 26, 2 014 (mil) Ford X July 30, 2014 (WHr) Ragan X REMARKS Kanuha X Kern X Onishi X Poindexter X Wille X Yoshimoto X Second Reading: August 6, 2014 9 0 0 0 To Mayor: August 14, 2014 Returned: August 28, 2014 ROLL CALL VOTE Effective: August 27, 2014 AYES NOES ABS EX Published: September 6, 2014 Eoff X Ford X REMARKS: Ilagan X Kanuha X Kern X Onishi X Poindexter X Wille X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. CO U CIL CHAIRPERSON _. , 2, rove isapproved this �"� � day C� Of— &ft,4 20 LINTY CLERK Bill No.: 260 MAYOR, COUNTY OF HAWAII Reference: C-904/PC-70 Ord No.: 1-11 103