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Home My WebLink AboutBIL 147 Draft 01 2016-2018COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 147 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — TWENTY ACRES (A -20a) TO AGRICULTURAL — SIX ACRES (A -6a) AT KAUMANA HOMESTEADS, KAUMANA AND PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-5-047:033 AND 2-5-047:034. 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 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaumana Homesteads, Kaumana and Ponahawai, South Hilo, Hawaii, shall be Agricultural — 6 acres (A -6a): LOT 20 -G -1-A: Beginning at the east corner of this parcel of land, being the northeast corner of Lot 20-A and on the west side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 10,861.89 feet South and 13,773.26 feet West, thence running by azimuths measured clockwise from True South: 1. 89° 25' 297.12 2. 359° 25' 273.32 3. 98° 33' 1,040.31 -1- feet along Lot 20-A; feet along Lot 20-A; feet along Kaumana House Lots; 4. 180° 00' 170.15 feet along Lot 6 -A -1-A; 5. 90° 00' 296.50 feet along Lot 6 -A -1-A; 6. 180° 00' 390.64 feet along the east side of Road Easement; 7. 271' 17' 30" 15615.88 feet along Lot 20-H; 8. 359° 25' 402.72 feet along the west side of Akolea Road to the point of beginning and containing an area of 20.000 Acres, more or less. LOT 20-H: Beginning at a 1/2" pipe set at the northeasterly corner of this parcel of land, being also the southeasterly corner of Lot 20-I and on the westerly side of Akolea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,626.35 feet south and 13,777.87 feet west and thence running by azimuths measured clockwise from true south: 1. 0° 00' 782.84 feet along the westerly side of Akolea Road to a 1/2" pipe set; 2. 359° 25' 50.0 feet along the westerly side of Akolea Road to a 1/2" pipe set; 3. 91° 17' 30" 15615.88 feet along Lot 20-G to a 1/2" pipe set; 4. 180° 00' 290.00 feet along TMK (3) 2-5-047:014, Road Easement to a 1/2" pipe set; 5. 270° 00' 140.00 feet along Lot 20-I to a 1/2" pipe set; 6. 251 ° 03' 1,559.48 feet along Lot 20-I to the point of beginning and containing an area of 20.000 Acres more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 - Edition, as amended), 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, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, their successors or assigns shall comply with all applicable County, State and Federal laws, codes, rules, regulations and requirements. C. The applicant, their 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. D. The applicant, their successors or assigns shall notify prospective purchasers, buyers, tenants or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District area 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. E. 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. F. 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. G. Prior to the issuance of a water commitment(s) by the DWS, the applicants shall submit the anticipated maximum daily water usage calculations to DWS prepared by a Hawaii -state licensed professional engineer whose license is current, valid and in good standing with the State Department of Commerce and Consumer Affairs. H. Prior to final subdivision approval, the applicant shall construct necessary water system improvements as required by the Department of Water Supply, which may include but not be limited to, installing service laterals that will accommodate 5/8 -inch sized meters to front each lot, remitting the prevailing facilities charges and submitting the appropriate documents to convey the water system improvements and necessary easements for review and acceptance to the Water Board of the County of Hawaii prior to final subdivision approval. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. M I. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. J. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. No variance from the minimum water and road requirements shall be granted to subdivide the lots. K. - A twenty-five (25) foot wide future road widening setback along the property's Akolea Street frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works, the applicant, their successors or assigns shall subdivide and dedicate the land encumbered by the future road widening to the County of Hawaii at no cost to the County. L. 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 (also known as a farm dwelling or additional farm dwelling) and/or condominium property regimes (CPR) on each lot. • There shall be no construction of single family dwelling and/or related improvements or other accessory structures or subdivision roads within the areas designated "AE" by Flood Insurance Rate Maps (FIRM). 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). A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to -5- 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. M. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A Hawaii -licensed professional civil engineering in good standing shall prepare and submit a drainage study prior to the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the receipt of Final Subdivision Approval. N. All earthwork and grading activity shall conform to the Hawaii County Code Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. O. All driveway connections to Akolea Road shall conform to Hawaii County Code Chapter 22, County Streets. P. The applicants shall install streetlights and traffic control devices as may be required by the Department of Public Works -Traffic Division. The applicants shall be responsible for the design, purchase and installation of such devices. Q. The method of sewage disposal shall meet with the requirements of the State Department of Health. R. In the unlikely event that any surface or subsurface historic properties and/or resources, such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains .are found during construction activities, the applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and immediately contact the State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance. The applicant shall also notify the Planning Department immediately after IM contacting the DLNR-SHPD. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. S. All outdoor lighting shall be fully shielded so the bulb can only be seen from below bulb height and only use when necessary in order to avoid seabird disorientation, fallout, injury or mortality. T. The applicant shall avoid nighttime construction during the seabird -fledging period (September 15 through December 15). U. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire fencing shall not be used for fencing, and woody vegetation over 15 feet in height shall not be removed during bat breeding season of June 1St through September 15th without first conducting surveys for bat nests and coordinating with US Fish and Wildlife Service if nests are found. Surveys shall be conducted by a qualified biologist. V. To protect any Hawaiian hawk in the vicinity of the property, clearing and grubbing activities shall not occur in the permit area during hawk breeding season of March to September without first conducting surveys for hawk and coordinating with US Fish and Wildlife Service if nests are found. If nests are found, surveys shall be conducted by a qualified biologist. W. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees - Ordinance. -7- X. 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 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. 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. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. in SECTION 4. This ordinance shall take effect upon its approval. 'Hawai'i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. a 919_,------ INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII u Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - TWENTY ACRES (A -20a) TO AGRICULTURAL - SIX ACRES (A -6a) AT KAUMANA HOMESTEADS, KAUMANA AND PONAHAWAI, SOUTH HILO, HAWAII MAP PREPARED BY: TMK. (3) 2-5-047033 COUNTY OF HAWAII, PLANNING DEPARTMENT and 2-5-047034 DATE. December 28, 2017 EXHIBIT "A" Jarneski Mai: 1396