HomeMy WebLinkAboutCOM 0196.002 2018-2020tY Hu -K + Office: 808 961-8396Fromtheofceof- t'••.:
Council Member Fax: (808) 961-8912
District 3—Hilo and Puna l"'
gl .c ....• Email: sue.leeloy@hawaiicounty.gov
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SUSAN L.K. LEE LOY
25 Aupuni Street,Hilo,Hawaii 96720
TO: Aaron S.Y. Chung, Chair
and Members ofthe Hawai`i County Council
rFROM:
61/itel-
Lee Loy, Council Member
DATE: April 11, 2019
SUBJECT: Proposed Amendments to Bill No. 47; an Ordinance amending Section 25-8-
11(Lalamilo-Pu`ukapu), Article 8, Chapter 25 (Zoning) of the Hawai`i County
Code 1983 (2016 Edition, as amended),by changing the district classification
from Agricultural—Forty Acres (A-40a)to Agricultural—Five Acres (A-5a) at
Pu'ukapu Homesteads 2nd Series, Waimea, South Kohala, Hawaii, covered by
Tax Map Key: 6-4-017:043.
Please find attached proposed amendments to Bill No. 47. This amendment adds conditions
of approval.
The proposed amendments are illustrated below in Ramseyer format with respect to the contents
of Bill No. 47. Material to be deleted is bracketed and stricken; new material is underscored.
1. SECTION 2 is amended to read as follows:
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) 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 ofthe need forpublic service demands created bythe
proposed use.
Comm. No. Iq(O•1
Ref. To: P I PC ..
Ref. Date APR 2 3 2019
A. The applicant, its successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. The applicant shall submit the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy" within
ninety(90) days from the effective date of this change of zone. The applicant, successors,
or assigns are responsible for maintaining valid water commitments to support the
proposed use until such time that required water facilities charges are paid in full.
C. Final Subdivision Approval shall be secured within five (5) years from the effective date
of this ordinance.
D. The driveway connection to Mamalahoa Highway shall conform to Chapter 22, County
Streets, ofthe Hawai`i County Code. Both lots shall share a single driveway access from
Mamalahoa Highway, but any connection through a future extension ofHauhoa Street
shall provide sole access to the mauka lot.
E. The intersection of the proposed driveway access and the Mamalahoa Highway shall be
located outside ofthe AO flood zone. The design of the driveway intersection shall meet
with the approval of the Department of Public Works.
F. A fifteen(15) foot wide future road widening setback along the property's Mamalahoa
Highway 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, its
successors or assigns shall dedicate the land encumbered by the future road widening
setback to the County of Hawai`i, at no cost to the County.
G. A fifty (50) foot wide future roadway and utility reserve for the future extension of
Hauhoa Street to the western boundary of the property (adjoining TMK: 6-4-017:042)
shall be delineated on plat maps submitted for the subdivision of the subject property for
future roadway extension. All building setbacks shall be taken from the future roadway
and utility reserve boundary.
H. A fifty (50) foot wide future roadway and utility reserve in alignment with Uhiwai Street
to the western boundary of the property shall be delineated on plat maps submitted for the
subdivision of the subject property for future roadway extension. All building setbacks
shall be taken from the future roadway and utility reserve boundary.
1. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms
of the zoning ordinance prohibit the construction of a second dwelling unit and
2
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 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.
J. All development generated runoff shall be disposed of onsite and not be directed toward
any adjacent properties.
K. Prior to submittal ofa subdivision application for the subject property,the applicant shall,
upon consultation with surrounding property owners and other concerned public
agencies, prepare and submit a drainage plan relating to the proposed subdivision for
review and approval by the Department of Public Works. The approved drainage plan
shall reflect all development generated runoff to be retained or disposed of on-site and
shall not alter any existing water courses that may be entering or exiting the subject
property, or be directed toward any adjacent properties. Furthermore,the approved
drainage plan shall be implemented prior to or in conjunction with the issuance of Final
Subdivision Approval.
L. All development shall comply with Chapter 27, Floodplain Management, of the Hawai`i
County Code.
M. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawai`i County Code.
N. The method of sewage disposal shall meet with the requirements of the State Department
of Health.
O. 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. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
3
P. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Q. 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 ofthe 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. Ifthe applicant 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 ofthe 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."
2. Bill No. 47 is amended to address non-substantive formatting and spacing issues.
A draft copy of the draft 2 of this bill that would result if these proposed amendments are
adopted is attached; however, the map marked Exhibit"A"that would be included in draft 2 is
intentionally omitted.
SL/ps
Att.
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AN ORDINANCE AMENDING SECTION 25-8-11(LALAMILO-PU`UKAPU),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION,AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL—FORTY ACRES (A-40a) TO AGRICULTURAL—FIVE
ACRES (A-5a) AT PU'UKAPU HOMESTEADS 2ND SERIES,WAIMEA, SOUTH
KOHALA,HAWAII, COVERED BY TAX MAP KEY: 6-4-017:043.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, 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'ukapu Homesteads
2°d Series, Waimea, South Kohala, Hawai`i, shall be Agricultural-5 acres (A-5a):
Beginning at the southwest corner of this parcel of land, and on the north side of
Mamalahoa Highway, the coordinates of said point of beginning referred to Government
Survey Triangulation Station"EAST BASE"being 5,945.26 feet North and 1,224.92 feet
West and running by azimuths measured clockwise from True South:
1.166° 10' 3174.90 feet along Lots 99-A and 99-B, being
reminders of Grant 6857 to John
Cheseborg of Pu'ukapu Homesteads-
Second Series;
2.256° 10' 150.05 feet along Lot 4 Pu'ukapu Pasture
Lots;
3.346° 10' 3177.00 feet along the reminder of Grant
6857 to John Cheseborg of Pu'ukapu
Homesteads-Second Series;
4.76° 58' 150.06 feet along the north side of
Mamalahoa Highway to the point of
beginning and containing an area of
10.940 acres.
All as shown on the map attached hereto, marked Exhibit"A" and by reference
made a part hereof.
5
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) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
A) Protection ofthe public from the potentially deleterious effects of
the proposed use, or
B) Fulfillment ofthe need for public service demands created by the
proposed use.
A. The applicant, its successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. The applicant shall submit the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy" within
ninety(90) days from the effective date of this change of zone. The applicant, successors,
or assigns are responsible for maintaining valid water commitments to support the
proposed use until such time that required water facilities charges are paid in full.
C. Final Subdivision Approval shall be secured within five (5) years from the effective date
of this ordinance.
D. The driveway connection to Mamalahoa Highway shall conform to Chapter 22, County
Streets, of the Hawai`i County Code. Both lots shall share a single driveway access from
Mamalahoa Highway, but any connection through a future extension of Hauhoa Street
shall provide sole access to the mauka lot.
E. The intersection of the proposed driveway access and the Mamalahoa Highway shall be
located outside of the AO flood zone. The design of the driveway intersection shall meet
with the approval of the Department of Public Works.
F. A fifteen(15) foot wide future road widening setback along the property's Mamalahoa
Highway 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, its
6
successors or assigns shall dedicate the land encumbered by the future road widening
setback to the County of Hawai`i, at no cost to the County.
G. A fifty (50) foot wide future roadway and utility reserve for the future extension of
Hauhoa Street to the western boundary of the property (adjoining TMK: 6-4-017:042)
shall be delineated on plat maps submitted for the subdivision of the subject property for
future roadway extension. All building setbacks shall be taken from the future roadway
and utility reserve boundary.
H. A fifty (50) foot wide future roadway and utility reserve in alignment with Uhiwai Street
to the western boundary of the property shall be delineated on plat maps submitted for the
subdivision of the subject property for future roadway extension. All building setbacks
shall be taken from the future roadway and utility reserve boundary.
I. Restrictive covenants in the deeds of all the 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 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 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.
J. All development generated runoff shall be disposed of onsite and not be directed toward
any adjacent properties.
K. Prior to submittal of a subdivision application for the subject property, the applicant shall,
upon consultation with surrounding property owners and other concerned public
agencies, prepare and submit a drainage plan relating to the proposed subdivision for
review and approval by the Department of Public Works. The approved drainage plan
shall reflect all development generated runoff to be retained or disposed of on-site and
shall not alter any existing water courses that may be entering or exiting the subject
property, or be directed toward any adjacent properties. Furthermore, the approved
drainage plan shall be implemented prior to or in conjunction with the issuance of Final
Subdivision Approval.
L. All development shall comply with Chapter 27, Floodplain Management, of the Hawai`i
7
County Code.
M. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawai`i County Code.
N. The method of sewage disposal shall meet with the requirements of the State Department
of Health.
0. 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. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
P. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Q. 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 ofthe 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).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
8
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning ofthe 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.
SECTION 4. This ordinance shall take effect upon its approval.
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