HomeMy WebLinkAboutORD 2018-075 2016-2018 0Osk.....
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COUNTY OF HAWAII •: -�'''�•=�.� 1}- STATE OF HAWAII
• ATE OFNF'�
BILL NO. 147
ORDINANCE NO. 18 75
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 Hawai`i
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, Hawai`i, 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 feet along Lot 20-A;
2. 359° 25' 273.32 feet along Lot 20-A;
3. 98° 33' 1,040.31 feet along Kaumana House Lots;
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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" 1,615.88 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" 1,615.88 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.
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SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016-
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe 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, Hawai`i 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 Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm
Act. This notice shall be included in any disclosure required for the sale or
transfer of all of the proposed lots.
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E. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawai`i Revised Statutes
Chapter 165, the Hawai`i 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 Hawai`i-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 Hawai`i 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.
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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 Hawai`i 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
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recordation with the State of Hawai`i 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 Hawai`i-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 Hawai`i County Code
Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control.
0. All driveway connections to Akolea Road shall conform to Hawai`i 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
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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.
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X. An initial extension of time for thep erformance 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
a IR
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: June 5, 2018
Date of 1st Reading: June 5, 2018
Date of 2nd Reading: June 19, 2018
Effective Date: July 3, 2018
REFERENCE Comm. 919
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A
A-20a7 -20a
LOT 20-H
A 20a AGRICULTURAL-TWENTY ACRES(A-20a)TO A-3a
AGRICULTURAL-SIX ACRES(A-6a)
20.000 ACRES
LOT 20-G-1-A A-20a
, \
AGRICULTURAL-TWENTY ACRES(A-20a)TO ,
AGRICULTURAL-SIX ACRES(A-6a) A 3a
20.000 ACRES ,
A-20n
A-3a
A-20a
A-3a
9,626.35'5
13,777.87 W
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wDJ A-20a A-3n R5-10
10,861.89'5
R5-10!11-10 13,773.26'Iv ,
R5-10 A-20a w\
R5-10 R5-10 R5-10
25-10R5-10
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R5-10 L-----
KAUMANA DR
CN 10 CN 10
R5-10 RS-10
RS 10 = 25 10
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HA OA RD
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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)2-5-047:033 COUNTY OF HAWAII, PLANNING DEPARTMENT
and 2-5-047:034 DATE:December 28,2017
EXHIBIT "A" Jarneski
Mao: 1396
I
OFFICE OF THE COUNTY CLERK couNTy offlAw
County of Hawai`i
Kona, Hawai`i 2811.JU1, 3AN Ito .8
Introduced By: Karen Eoff (B/R) ROLL CALL VOTE
Date Introduced: June 5, 2018 AYES NOES ABS EX
First Reading: June 5, 2018 Chung X
Published: June 16, 2018 David X
Eoff X
REMARKS' Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
Second Reading: June 19, 2018 7 0 2 0
To Mayor: June 27, 2018
Returned: July 3, 2018 ROLL CALL VOTE
Effective: July 3, 2018 AYES NOES ABS EX
Published: July 14, 2018 Chung X
David X
REMARKS: Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
rd
pprove'.Disapproved this day
of '{' , 20 18' NTY CLERK
)� &� � Bill No.: 147
MAYOR, C�OU*TYOFHAWAI`IC-919/PC-62
Reference:
Ord No.: IS 75