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HomeMy WebLinkAboutBIL 084 Draft 01 2018-2020 --#11.9!.... fri--- **4'. COUNTY OF HAWAII <•i ''��-��'/:• STATE OF HAWAII q•!-:„.. ;:-..:-.‘.-: BILL NO. 84 ORDINANCE NO. 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) AND OPEN (0) TO SINGLE-FAMILY RESIDENTIAL—TEN THOUSAND SQUARE FEET (RS-10) AND FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT PU'U'EO, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-6-008:026 AND 2-6-008:027. 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 Pu'u'eo, South Hilo, Hawai`i, shall be Single-Family Residential— 10,000 square feet (RS-10) and Family Agricultural— 1 acre (FA-1a): LOT 2A: Beginning at the Northwest corner of this parcel of land, being also the northeast corner of Lot 3A the coordinates of which referred to Government Survey Triangulation Station "HALAI" being 4,807.30 feet North and 1,224.91 feet East and running by azimuths measured clockwise from true South: 1. 262° 27' 337.41 feet along Lot 1, along the remainder deed of Commissioners of Crown Lands to Thomas Spencer; 2. 341° 40' 313.19 feet along the west side of Wainaku Street; -1- 3. 94° 00' 367.64 feet along Clem Akina Park, along the remainder of deed of Commissioners of Crown Lands to Thomas Spencer; 4. 163° 45' 236.77 feet along Lot 3A, along the remainder of deed of Commissioners of Crown Lands to Thomas Spencer to the point of beginning and containing an area of 2.128 Acres. LOT 2B: Beginning at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,949.99 feet North and 651.62 feet East and running by azimuths measured clockwise from True South: 1. 180° 00' 428.18 feet along the remainder of a portion of Deed of Commissioners of Crown Lands to Thomas Spencer; 2. 172° 27' 300.07 feet along the remainder of a portion of Deed of Commissioners of Crown Lands to Thomas Spencer; 3. 82° 27' 14.00 feet along the remainder of a portion of Deed of Commissioners of Crown Lands to Thomas Spencer; 4. Thence along the remainder of a portion of Deed of Commissioners of Crown Lands to Thomas Spencer, along a curve to the right having a radius of 1,050.00 feet, the chord azimuth and distance being: 86° 13' 30" 138.26 feet; 5. 90° 00' 35.25 feet along the remainder of a portion of Deed of Commissioners of Crown Lands to Thomas Spencer; 6. 180° 00' 349.42 feet along Lot 3; -2- Thence following along the centerline of the stream and all its windings, for the next three (3) courses, the direct azimuths and distances between points being: 7. 306° 00' 135.00 feet; 8. 246° 00' 150.00 feet; 9. 323° 34' 253.04 feet; 10. 341° 40' 38.70 feet along Lot 1; 11. 262° 27' 394.53 feet along Lot 1; 12. 343° 45' 474.87 feet along the remainder of a portion of Deed of Commissioners of Crown Lands to Thomas Spencer and Clem Akina Park; 13. 42° 22' 26.80 feet along Lot 2; 14. 7° 59' 30" 27.00 feet along Lot 2; 15. 00° 00' 67.35 feet along Lot 2; 16. 67° 48' 64.80 feet along Lot 2; 17. 101° 45' 106.90 feet along Lot 1; 18. 88° 57' 164.00 feet along Lot B-1; 19. 351° 37' 275.45 feet along Lots B-1 and A-1; 20. 88° 39' 20" 396.00 feet along the north side of `Ainauulu Road to the point of beginning and containing an area of 12.82 acres. LOT 3 AND PORTION OF LOT 2: Beginning at the southeast corner of this parcel of land, the coordinates of said -3- point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,949.99 feet North and 651.62 feet East and running by azimuths measured clockwise from True South: 1. 88° 39' 20" 766.19 feet along the north side of `Amauulu Road; 2. 167° 18' 30" 152.55 feet along the remainder of a portion of Deed of Commissioners of Crown Lands to Thomas Spencer; 3. 87° 11' 30" 307.48 feet along the remainder of a portion of Deed to Commissioners of Crown Lands to Thomas Spencer; 4. 180° 00' 505.07 feet along Lot 4; 5. 173° 10' 535.89 feet along Lot 4; Thence along Lot 7 and following along the centerline of the stream and all its windings, for the next five (5) courses, the direct azimuths and distances between points being: 6. 280° 37' 328.07 feet; 7. 295° 26' 199.00 feet; 8. 233° 08' 142.00 feet; 9. 304° 14' 174.00 feet; 10. 249° 15' 197.00 feet; 11. 00° 00' 349.92 feet along Lot 2; Thence along the remainder of Deed of Commissioners of Crown Lands to Thomas Spencer for the next five(5) courses, the azimuths and distances between points being: 12. 270° 00' 35.25 feet; 13. Thence along a curve to the left having a radius of 1,050.00 feet, the chord -4- azimuth and distance being: 266° 13' 30" 138.26 feet; 14. 262° 27' 14.00 feet; 15. 352° 27' 300.07 feet; 16. 00° 00' 428.18 feet to the point of beginning and containing an area of 24.73 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made apart hereof. 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 may be adverse to the public health, safety and welfare; or (2) Reasonablyconceived to fulfill needs directlyemanatingfrom 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 applicant, its successors or assigns shall comply with all of the stated conditions of approval. B. A water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this ordinance in accordance with -5- Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. Prior to issuance of Final Subdivision Approval, the applicant shall construct necessary water improvements, which shall include but not be limited to: 1) water mains capable of delivering water at adequate pressure and volume under peak- flow and fire-flow conditions (minimum diameter of mains shall be six (6) inches, from Wainaku Street extending along the new roadway and into each cul-de-sac); 2) service laterals that will accommodate 5/8-inch sized meters to each lot; 3) fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property; and 4) subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the application shall be responsible for the relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary. D. 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 in Hawai`i County Code Chapter 23 and 25 shall be granted to subdivide the property. E. Prior to subdivision of any portion of the rezoned area, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works. The TIAR shall incorporate analysis of the traffic impact of the maximum number of lots that could be created by the resulting Zoning designations. The applicants shall implement, when required by the Department of -6- Public Works, at no cost to the County, any transportation system improvements to Wainaku Street that may be deemed necessary by the Department of Public Works. F. Access to Wainaku Street and all driveway connections to County Streets shall conform to Chapter 22, County Streets of the Hawai`i County Code. G. Prior to issuance of Final Subdivision Approval, the applicant, its successors or assigns shall provide improvements to the Wainaku Street frontage of TMK (3) 2-6-008:026, consisting of,but not limited to driveway and sidewalk rehabilitation meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works, drainage improvements, any required utility relocation, and installation of street lights and traffic controls as required by and meeting the requirements of the Department of Public Works. H. To promote future roadway connectivity, prior to Final Subdivision Approval, the applicant shall construct at least one (1) 50-foot roadway connection to each of the following,: 1) the southern property boundary at Ainau`ulu Road; 2)the northern property boundary west (mauka) of TMK: 2-6-008:010; 3) to the eastern (makai) property boundary at Wainaku Street; and 4) to the western (mauka) property boundary. Any road or street within the project area providing connection to adjacent properties or roadways shall be constructed to County dedicable standards and dedicated to the County. J. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A drainage study of the project site shall be prepared by professional civil engineer licensed in the State of Hawai`i for review -7- and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. K. The applicant shall comply with the Department of Health's Hawai`i Administrative Rules (HAR) Chapter 11-55, rules regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. L. Prior to issuance of Final Subdivision Approval, the applicant, successors or assigns shall extend a sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i County Code. M. As required by the Director of the Department of Environmental Management (DEM), the applicant, its successors, or assigns shall conduct a sewer study prior to connection to a sewer system. The applicant shall provide sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. N. Restrictive covenants in the deeds of all resulting 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 owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Planning Director for review and -8- 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. 0. The applicant, 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. P. Prior to the issuance of any land alteration permits, the applicant, its successors or assigns shall secure approval of an Archaeological Inventory Survey(AIS)by the State Department of Land and Natural Resources—State Historic Preservation Division(DLNR-SHPD) and implement interim preservation mitigation measures as may be recommended for the rezoned area. Moreover, prior to or as part of the issuance of Final Subdivision Approval, the applicant shall implement mitigation measures for the historic area cemetery as recommended by the AIS and directed by DLNR-SHPD. Q. In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. R. The applicant, its successors or assigns shall subdivide and dedicate to the County, for the expansion of Clem Akina Park, not less than 1.69 acres of TMK(3) 2-6-008:026. The configuration and land area of the park expansion shall be determined in consultation with the Department of Parks and Recreation and shall be approved by its Director. The park expansion area shall be clearly -9- identified as such on all plans submitted for subdivision of the subject properties and shall be free of any encumbrances or restrictions, unless specifically agreed to by the Director of the Department of Parks and Recreation. The applicant shall prepare and submit all documents necessary for dedication of the park expansion area in conjunction with Final Subdivision Approval for any portion of the rezoned area. Finally, the park expansion area shall be dedicated to the County within one (1) year of Final Subdivision Approval or prior to the issuance of a building permit for a dwelling unit or accessory structure within the rezoned area whichever occurs first. S. 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 and shall be based on the actual number of additional residential lots created. 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$14,329.89 per residential lot. The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per residential lot shall be allocated as follows: 1. $6,910.13 per residential lot to the County to support park and recreational improvements and facilities; 2. $333.35 per residential lot to the County to support police facilities; -10- 3. $658.40 per residential lot to the County to support fire facilities; 4. $288.25 per residential lot to the County to support solid waste facilities; and 5. $6,139.77 per residential lot 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. The fair market value of the land to be dedicated for park expansion as required in Condition R shall be credited against the sum specified in Condition S (1) for park and recreational improvements and facilities. T. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. U. 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. -11- V. The applicant, its successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. W. 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 applicant, 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). 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. -12- If anyprovision of this ordinance, or the application thereof SECTION 3. Severability. PP 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF AWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 315 -13- • A-20arillir.' A-20a 0-i0 R -10 vik, to N RM-1 i , A-20a RM-1 q LOT 2A RM A-20a OPEN(0)TO SINGLE FAMILY RESIDENTIAL- A-20a 10,000 SQUARE FEET(RS-10) 1 2.128 ACRES 1611111 ��RM 1 ‘111.10111411�� A-3a . 4 � ��� 4,607.3V ��G , 1,224.91'E (r) .221eIVA 111 LOT 3 and Portion of LOT 2 ������������������������������ i�� AGRICULTURAL-TWENTY ACRES(A-20a)TO ������1 �0�������������������4 OPEN / FAMILY AGRICULTURAL-ONE ACRE(FA-1a) i������������� 24.73 ACRES J►����b ����������� 1.', Oil R5-7.5 ►�� I �4 RM 1 �Illia 16111 �� �' RM 1 i SW RM-1 *11 III MIL IIII'AMAU'ULU RD A-20aMin inwei �I 651.3,9462'E.99' waffling1 417.5 651.62'E RS 7.5 HALA'1" . so 1 R5-7.5NV LOT 2e © AGRICULTURAL-TWENTY ACRES(A-20a)TO SINGLE FAMILY RESIDENTIAL- 10,000 SQUARE FEET(RS-10) 12.82 ACRES R5-7.5 M A-20a 4/4044 -,. /40010054110.S40 A-20a ~40~0rAA-00 • = -..ailEtIll. din R5-15 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 HAWAI'I COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a)AND OPEN (0) TO SINGLE FAMILY RESIDENTIAL- TEN THOUSAND SQUARE FEET (RS-10)AND FAMILY AGRICULTURAL - ONE ACRE (FA-1a) AT PU'U'EO, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-6-008:026 and COUNTY OF HAWAII, PLANNING DEPARTMENT 2-6-008:027 DATE:September 22,2017 EXHIBIT "A" Olson Mao: 1395