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Home My WebLink AboutBIL 136 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 136 Craft 2 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 97-65 WHICH AMENDED ORDINANCE NO. 92-123. WHICH CHANGED THE DISTRICT CLASSIFICATION PROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la) A'f OLAA, PUNA. HAWAII, COVERED BY "fAX MAP KEY 1-7-17:3. BE I"hORDAWED BY hHP; COUNCIL OF THE COUNTY OP' HAWAII: SECl10N 1. Ordinance No. 97 65 is amended as follows: "SF.CT[ON 2. 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 he 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 35 and 36. Final Subdivision Approval shall be secured vt ithin two years from the effective date of this ordinance (C) the applicant shall provide channclization] be responsible for construction and/or pacing t-or its pro rata share oftrattic signalization and related improvements at the intersection of the Hawaii Belt Road and (South I Iuina Road in a manner meeting with the approval of the Departments of lYansportation 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 improvemenls~_ i~o assist in the cost of providing the traffic signaliration, the applicant may coordinate the construction of the improvements with other interested surroundin ~ ro erty owners in the immediate area. Should other interested Rroperty owners contribute to the construction oCthe traftc signalization and related improvements, the applicant's pro rata shsu~e shall be 50% of the said cost Furthermore, the anp~icant shal I fund or participate in the construction of its tiro rata share in conjunction with said contribution by other interested owners. In anv event, construction of the traffic signalization shall be completed within five years from the effective date of this ordinance or riot to the issuance of the first building permit within the proposed subdivision, whichever is earlier; (D) interior subdivision access roadways shall meet with the approval of the Department of Public Works. Access shall not he permitted directly onto the Hawaii Belt Road hand Huina Road, except for the existingdrivewav access to serve to map key 1-7-17:17 one. Access to the proposed ~IotsJ subdivision shall be [via a 60-foot right-of-way on the existing South Road right-of-way fruuting the subject property] from Huina Road. That portio? of [South) I Anna Road on the propcrty frontage shall be improved to county dedicable standards pup to a length of 450 feet from the Bclt 1 Iighway. Land along the balance of the subject propcrty fronting South Road shall he set aside and delineated on the subdivision plans to allow for a fuhire 60- footwide road, inclusive of the existing South Road right-of-way~_ Ano~icant shall also make anv necessary shoulder improvements to Huina Road betN~een its property line and the Huina Road-Hawaii Belt Highway Hi ~hwav 11 inlersectiou within the County right-oGwav. if required by the Department of Public Works, and to the extent not covered by cwrent State impr<ivcmcnts.. None of the proposed ]ots shall have direct access from Huina Road. n 5-foot future road widening. strip shall be dedicated to the County along the Huina Road frontage within a reasonable time alter final subdivisio~tnroval. Should the~~plicant choose to provide access to die project area ~eom South Road, the applicant shall iniprovc South Road meeting with the approval of the Dcparuncnts of Public Works and ~~ransportation, including dedication of necessary right-of-way. In the even access is not provided to South Road, the applicant shall delineate _i 1 ~-foot wide future road widening setback along the South Road fi~ontaee: (F,) access to the subject property shall meet with the approval of the Departments of l ransportation 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 npproval 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. ~1 copy of the proposed covenant(s) to he recorded with the Bureau of Com•eyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of a typically recorded covenant shall he tiled with the Planning Department within one year from the date oi~ final subdivision approval: (H) should any unidentified sites or remains. such as artifacts, shelh bone or charcoal deposits. human burials. rock or coral alignments, pavings or wal I 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; (1) all other applicable laws, rules, regulations and requirements shall he complied with: (.I) should the Council adopt a Unified Impact Fees ordinance setting forth criteria tilt the imposition of exactions or the assessment of impact lees. conditions included herein may, at the applicant's election, be satisfied by performance in accordance with the requirements of the Unified Impact Dees 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 Zonc. "fhc 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 -3- been complied and the Planning Director acknowledges that further reports are not required; and 1 L) an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 11 the non-performance is the result of conditions that could not have heen lorescen or are beyond the control of the applicant, successors or assigns. and that arc not the result oftheir fault or negligence 3) granting of the time extension would not he contrary to the Ci~zneral Plan or the Toning Code: 3) granting of the time extension would not be contrary to the General plan or the Toning Code: 4) the time extension granted shall not be for a period not to exceed the period originally granted for performance li.e._ a condition to be performed within one scar may be 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 rcyuest to the County Council for appropriate action. I~ urthcr. should am of the conditions not be met or substantially complied with in a timely frshion, the Director [shall maY initixtc 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 im~alid. such invalidity shall not affect the other parts of this ordinance. SIiCI~ION 5. "fhis ordinance shall take effect upon its approval. INTIZf.~DUCHD BY: ~ y CO ClI_ M . BER, COUNTY OP HAW'nl~l . Hawaii Dale of Introduction: Date ol~ 1st Reading: Date of 2nd Reading: Effective Date: ((~~qq -4- f )R INFORMATION O ~ wuY.e J _ q-coq ~ Aloe ~ ~~~t~+ ~ A-~a ti ~ o: A zoo ~ ~GP00 I ~ / ti I A 2oa /t ~i i ~ ~1WASAKI ~ A-la viLViGE / ~ A-ono A-~ey 'M~ ~ C q~i loo ~ ~O / Rye - ~ c ~ 1 9 A 1 ? A -io J F' 27L~1 ~ " - ~ - C~ AA" A / - ~ ~s-tze I ~ ~ z ~ ~ ~ ~R ,le ~ A- trio ~ ~ i I ° I ~ Al9RtOUl.SU1QAL, (A-20q)/i.. _ I~ ~ 1 TO A~R1CUl.TV RAI.. A-Iq ~ a-~ zo~ -..e, ~Aivo R7 i~ jI`~RE ~ S-9'4!3 ACRB~ - i i R9~ ..e_~ i A-so o - - ~ ~ - ~~Y ie ica-~o i _ - _ I A-Ba - ~ R9 to ' I ~ i r. I~ ` O VOLC 70\ Ir -'T\LR~_~~ r~T -T- ~.t~-:-. I RS- - ~ 1 I\ \ I 2e i RS 7 \ Rs~t.O ~ l l I A ~ I A-r I o I ~ =Ti A~lee ~ p ~ ~1-J-_ I ~ ~R9 2e ~ l~ Y ~ ~ ~ ~ 1 A-In 1 1~ _ A~SO I ~ ~ ~ _ r O ' c-roq ~ ~ ~ Ai s4 j I ~ ~ P ~~4 a I ~ ~ ~ A-aq ~ ~ o a r; ~ ~ ~ =~U , A~~ 4 A -'2oe ~ ~ 7t loe ~ I f / T+"~. ~ ! ~ "-Ica i A In~ AMENDMENT TO THE ZONING CODE AMENDtNC3 secTrorv 2s-103 (PUNA DtSTRlc1- zortr=_ t~-?AP~ ART1Cf_E 3, CHAPTEI'Q 23 (20NINt3 COpE) OF THE HAWAII COUNT7' cope B7' C!-iAN61NO THE DISTfQ1CT CLASSIFICA- TION FROM AQ'RICUI..TUIQAL (A-2oa) To ACRICUI_TURAL. (A-io) AT OLAA, PUNA, HAWA11_ pK~pAF2~'t7 t9y ~ P~-ANNt1Y6 t~Et°AR7-Mt=NT CouhtTy op HRWAtI TMK = 1-7-t7 JUI..Y t, t9~~