The URL can be used to link to this page

Home My WebLink AboutBIL 136 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF FIAWAi`I BILL NU. 136 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.97-65 WHICH AMENDED ORDINANCE NO. 92-123, WHICH CHANGED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-1 a) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-17:3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWA[`L• SECTION 1. Ordinance No. 97 65 is amended as follows: "SECTION This change in district classification is conditioned upon the following: (A) the applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; (B) subdivision plans shall be submitted to the Planning Department within one year from the effective date of the change of zone [The plans shall indicate a "no access" planting screen easement along the Hawaii Belt Road frontages of Lots 6, 35 and 36. Final Subdivision Approval shall be secured within two years from the effective date of this ordinance]; (C) the applicant shall [provide channelization] be responsible for construction and/or paving for its pro rata share of traffic signalization and related improvements at the intersection of the Hawaii Belt Road and [South] Huina Road in a manner meeting with the approval of the Departments of Transportation and Public Works[, prior to securing Final Subdivision Approval. This requirement may be satisfied through the execution of a bond with the County to ensure the construction of these improvements], To assist in the cost of providing the traffic siQnalization, the applicant may coordinate the construction of the improvements with other interested surrounding property owners in the immediate area. Construction of the traffic sig_nalization shall be completed within five years; (D) interior subdivision access roadways shall meet with the approval of the Department of Public Works. Access shall not be permitted directly onto the Hawaii Belt Road [and Huina Road], except for the existing drivewav access to serve tax map key 1-7-17:17 only. Access to the proposed [lots] subdivision shall be [via a 60-foot right-of--way on the existing South Road right-of--way fronting the subject property] from Huina Road. That portion of [South] Huina Road on the property frontage shall be improved to county dedicable standards [up to a length of 450 feet from the Belt Highway. Land along the balance of the subject property fronting South Road shall be set aside and delineated on the subdivision plans to allow for a future 60-foot wide road, inclusive of the existing South Road right- of-way]. Applicant shall also make anv necessary shoulder improvements to Huina Road between Yheir propertv line and the Nuina Road-Hawaii Belt Highway (Highway ] 1) intersection within the County right-of-way, if required by the Department to Public Works, and to the extent not covered by current State improvements. None of the proposed lots shall have direct access from Huina Road. A 5-foot future road widening strip shall be dedicated to the Count ay long the Huina Road frontage within a reasonable time after final subdivision approval. A 15-foot wide future road widening setback shall also be delineated along the South Road frontage; (E) access to the subject property shall meet with the approval of the Departments of Transportation and Public Works; (F) drainage improvements, if required, shall be provided in a manner meeting with the approval of the Department of Public Works, prior to securing Final Subdivision Approval of the proposed development; (G) restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of a typically recorded covenant shall -2- be filed with the Planning Department within one year from the date of final subdivision approval; (H) should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (I) all other applicable laws, rules, regulations and requirements shall be complied with; (J) should the Council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the applicant's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (K) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the Change of Zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and (L) an initial extension of time for the performance of conditions within the ordinance maybe 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 the Zoning Code; 3) granting of the time extension would not be contrary to the General plan or the Zoning Code; 4) the time extension granted shall not be for a period not to exceed the period -3- originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoning of the area to its original or more appropriate designation." SECTION 3. Material to be deleted is bracketed and material to be added is underscored. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INT[tODUC~D B~; , \ . - ~ ~ ~ ~ t CO C MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ftEFEREHCEe Gomtr~..__._.3p.g._____ _ -4- Y'~`)Ft INFORMATION ONLY A.v.op ~ A-zee ~fiV~t~ A-Iq 1, r1 ~ Vp A-2oq (ice h, 6 ti _ A-2ep I WASAKI ~0 ~ VILLAGE" A-Ip / ~'j~ A-aop '1, A-yep Q ~ Q' o A-2ep o D n A' lop Ry.o-° ? _ _ Q Z _ A-aoo 0I4.SS W "eLAA" A = ~ z tFS- o A-mop a R / ~ D 'i ~i AaRICUtTURAI_ (A-20q)/i/ d ' +-~=~=Arvo ~ TO A6RICUL.TU RAI.. (A-14)/i RB ~.e a''-I ~.o R I ~ AREA = 45-~q5 ACRE3 ~ j i ,i j~ i -Iq ~ ~i i A-5q - ~o j i//' _ CY ,O IFS-~o R8 to A~ \i- o ~ 2e ~ RS - 2 Rs-I~...., ~ ~ ~~~s ~~e~ `11[1 I ~ UI Rs ~.O r\ A 59 a Y ~ A Ip A Sq ~ ~ A~Ip \ ~ ~ 'l~-~I_' A leo I 9 ' L I'~S 20 I - - 1L ~ A 5q Q ~ ~ % C P _ 410p A 5q ~~'q'~Iq/ A-sa 0 / n a / A-'Zoe -1 / A Sq I i A-lop AMENDMENT TO THE ZONING CODE AM~NDINf3 SECTION 25-103 (PUMA piSTRIC~- ZONE MAP) ARTtcr_e 3, cHAPTEIQ 25 (zoNIN~ cope) of THE HAWAII couNTy coee B>' CI-?ANGING THE DISTtQ1CT c~.ASSiFICA- TION FROM AGRICUI..TUIQAL (A-2Oea) TO ACaR1CUL.7lJRAL (A-la) AT OLAA, 1°UNA, HAWA11_ Pl¢EPAI4 x'17 Isy ~ P~-ANNtN6 t~EPARTMt=NT CoUNTy oP HAWA11 TMK = 1-7-17 °3 ~.JUI-.y 1, t°~°J~ EXHIBIT "A.. (r~APOHO pROPERTi6s~