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Home My WebLink AboutBIL 260 Draft 01 2014-2016COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 260 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 — TWENTY ACRES (A -20a) TO FAMILY AGRICULTURAL — TWO ACRES (FA -2a) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-047:031. 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 Ponahawai, South Hilo, Hawaii, shall be Family Agricultural — 2 acres (FA -2a): Beginning at the east corner of this parcel of land, being also the south corner of Lot 20-F and on the westerly side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 8,622.60 feet South and 13,832.34 feet West and running by azimuths measured clockwise from True South: 1. 27° 39' 32.04 feet along the westerly side of Akolea Road; 2. 66° 17' 425.09 feet along Lot 20-D; 3. 65° 07' 278.24 feet along Lot 20-13; 4. 44° 00' 380.49 feet along Lot 20-D; 5. 139° 30' 535.05 feet along Lot 20-D; -1- 6. 238° 39' 25" 861.13 feet along Lot 3, being a portion of Grant 4655 to Keahi Kalauao; 7. 320° 46' 473.91 feet along Lot 20-F; 8. 246° 17' 254.57 feet along Lot 20-F to the point of beginning and containing an area of 9.323 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. A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty (180) days from the effective date of this ordinance. Additionally, the applicants shall construct necessary water system improvements if required by the Department of Water Supply. -2- C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. All driveway connections to Akolea Road shall conform to Chapter 22, Streets, of the Hawaii County Code. E. The applicants shall install streetlights and traffic control devices if required by the Department of Public Works -Traffic Division. The applicants shall be responsible for the design, purchase and installation of such devices. F. 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. Prior to the submittal of plans for subdivision review, this restrictive covenant shall be recorded against the parent lot(s) with applicability to all lots subsequently created from the parent lot(s). This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to recordation with the State of Hawaii Bureau of Conveyances, with a copy of the recorded document to be filed with the Planning Department along with the subdivision application. G. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. H. The method of sewage disposal shall meet with the requirements of the State Department of Health. I. 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 — -3- 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. Comply with all applicable County, State and Federal Laws, rules, regulations and requirements. 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: 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 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 applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. ie 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. Hilo , Hawai`i Date of Introduction: December 21, 2016 Date of 1 st Reading: December 21, 2016 Date of 2nd Reading: January 5, 2017 Effective Date: January 20, 2017 REFERENCE Comm. 1156 INTRODUCED BY: C CIL MEMBER, CO TY OF HAWAII -5- A -20a A -3a A-5 A -20a A -20a A -3a A -5n A -20a A -3n A -20a A -3a 13,832.34'r HALAV A -3a A -3a A -20a A -3a A -3a A -20a O A -20a w Q J A 3n A -3a A -3a A -20a A -3a A -3a A -3a A -20a AGRICULTURAL -TWENTY ACRES (A -20a) TO A -3a A -3n FAMILY AGRICULTURAL - TWO ACRES (FA2a)A-3a 9.323 ACRES A -3a A -3a A -20a p A -3n w 3n w A -20a J A -20a A 3a RS -10 LZP LA nA-20a R R -10 R -10 -1 R-1 RS -10 S- 0 A -la RS -10 RP41T) ir _10 CN 10 RS 10 R -10 Feet 0 1,000 2,000 3,000 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 AGRICULTURAL - TWENTY ACRES (A -20a) TO FAMILY AGRICULTURAL - TWO ACRES (FA -2a) AT PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: TMK: (3) 2-5-047:031 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: August 10, 2016 KHIBIT "A" Mao: 1Kai 380