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Home My WebLink AboutORD 2016-050 2014-2016 COUNTY OF HAWAII -• 6 /��- STATE OF HAWAII BILL NO. 169 ORDINANCE NO. 16 50 (DRAFT 2) 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 FAMILY AGRICULTURAL—TWO ACRES (FA-2a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-040:042. 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-1a): Beginning at the south corner of this parcel of land, being the northwest corner of Lot 1 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. 112° 20' 387.05 feet along `Akala Road; 2. 137° 31' 27.04 feet along the remainder of Grant 4538 to A. MacAulton(Lot 3, Roadway); 3. 159° 26' 22.00 feet along the remainder of Grant 4538 to A. MacAulton(Lot 3, Roadway); -1- 4. 249° 26' 667.00 feet along Grant 4093 to A. MacAulton (Lots 3-A and 3-B); 5. 345° 36' 132.58 feet along R. P. 5516, L.C. Aw. 4983 to Kukeleau(Lot A-1); 6. 55° 33' 276.39 feet along the remainder of Grant 4538 to A. MacAulton(Lot 1); 7. 22° 20' 134.18 feet along the remainder of Grant 4538 to A. MacAulton (Lot 1); 8. Thence along same on a curve to the left with a radius of 10.00 feet, the chord azimuth and distance being: 337° 20' 14.14 feet to the point of beginning and containing an area of 2.724 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: (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. A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. -2- 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 applicants shall construct necessary water system improvements 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 are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. D. Final Subdivision Approval for development shall be secured within five (5)years from the effective date of this ordinance. The final subdivision map shall include the 15-foot future road widening along 'Akala Road. 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. -3- F. All new driveway connections to 'Akala Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. G. Any new construction or substantial improvements shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawai`i County Code. H. The method of sewage disposal shall meet with the requirements of the State Department of Health. I. 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. J. All earthwork activity, including grubbing and grading, shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. 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 mitigation measures have been taken. L. 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. -4- f M. The applicants, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. 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 artment shall submit the applicants' request to the Count pp q Y Council for appropriate action. 0. 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. -5- 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: CO ' CIL M Pt ER, COUN OF HAWAII Kona , Hawai`i Date of Introduction: April 20, 2016 Date of 1st Reading: April 20, 2016 Date of 2nd Reading: May 4, 2016 Effective Date: May 23, 2016 REFERENCE Comm. 755.2 -6- A-3a FAMILY AGRICULTURAL-TWO ACRES(FAt TO A-3a FAMILY AGRICULTURAL-ONE ACRE(FA•la) 2724 ACRES O cc Q qJ A-3a '¢ A-3a A-3a A-3a A-3a A-3n \ , A-3a FA-la R5-15 \ \ --- Np•°‘ N S-15 n � vM RS-15 A-3a R5-15 Ili t FA-la A-3a Allii OPEN A-la N I Feet 0 500 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 -TWO ACRES (FA-2a)TO FAMILY AGRICULTURAL - ONE ACRE (FA-1a) • AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-5-040:042 DATE:January 8,2016 Rodillas CYLJIQIT"A" A .... 417A OFFICE OF THE COUNTY CLERK CO?.1 ': r'i' i County of Hawai`i CONT ',I 1 Kona, Hawai`i (Draft 2) 2OO':6 N A Y ''2 3 PN 6: tJ 3 Introduced By: Greggor Ilagan ROLL CALL VOTE Date Introduced: Apr i 1 20, 2 016 AYES NOES ABS EX First Reading: April 20, 2 016 Chung X Published: April 30, 2 016 David X Eoff X REMARKS: Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X Second Reading: May 4, 2016 9 0 0 0 To Mayor: May 12, 2016 . Returned: May 23, 2016 ROLL CALL VOTE Effective: May 23, 2016 AYES NOES ABS EX Published: June 4, 2016 Chung X David X REMARKS: Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. f CO UN CHAIRPE' 4N �� ,App proved/Dis roved this 0/3 - day A , i , -:i of A, 20 10 ,LIFer TY CLERK NBillNo.: 169 (Draft 2) MAYOR, COUNTY OF HAWAIIReference: C-755.2/PC-56 Ord No.: 16 50