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Home My WebLink AboutBIL 136 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 136 Draft 3 ORDINANCE NO. AN ORDINANCF. AMIiNDING ORDINANCE NO. 97-65 WHICH AMENDED ORDINANCE NO. 92-123. WHICH CHANGED THE DISTRICT CLASS[FICATION FROM ACiR1CULTURAL (A-20a) TO AGRICULTURAL (A-la) AT OLAA. PUNA. HAWAI'1. COVERED RY TAX MAP KGY 1-7-17:3. BE IT OKDAINED BY "LI IE COUNCIL OF' THF, COUNTY OF HAWAI'L SECTION 1. Ordinance No. 97 65 is amended as follows: "SI?C"PION 2. 'I~his 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; (H) subdivision plans shall be submitted to the Planning Department within one year ~ from the effective date of the change of ronc The plans shall indicate a °no access" planting screen easement along the Hawaii E3elt Road frontages of Lots 6. 3? 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 pavint; for its pro rata share of traffic sicnalization 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. "I~his requirement may he satisfied through the execution of a hond with the County to ensure the construction of these improvements. To assist in the cost ofprovidin tg he traffic signalization, the applicant ma~uordinate the construction ofthe improvements with other interested sun~oundina property owners in the immediate area. Should other interested property owners contribute to the construction of the traffic sit~nalization and related improvements, the applicant's pro rata share shall he 50%~ of the_said cost. Furthermore, the zpplicant shall fund or participate in the construction of its pro rata share in coniunction with said contribution by other interested owners. In the event the traffic liehts are constructed b~ party(ies) other than the applicant, the applicant shall reimburse said partv(ies) its 50% share prior to or upon activation of the liehts. In any event, construction of the traffic si nalization shall be completed within five years Irom the effective date of this ordinance or prior to the issuance of the first buildine permit_ within the proposed subdivision, whichever is earlier; (DI interior subdivision access roadways shall meet with the approval of the Department of Public Works. Access shall not he permitted directh~ onto the Hawaii Belt [toad hand Huina Road], except for the existine driveway access to serve tax map kex~ I-7-17:17 only. Access to the proposed ~lots~ suhdi~°isign shall he ~ via a 60-toot right-of-way on the existing South Road right-of-way fronting the subject property) from Huina Road. That portion of ~South~ I Iuina Road on the property frontage shall be improved to county dedicable standards ~ up to a length of 3~0 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-toot wide road, inclusive of the existing South Roud right-of-ways, Applicant shall also make an~ecessa~ shoulder improvements to Huina Road between its property line and the Huina Road-ttawaii Belt ]{ighway (Highway ] I) intersection within the County right-of=~+.ay if~required by the Department of Public Works, and to the extent not covered by current State improvements. None_of the proposed lots shall have direct access from ftuina Road. A 5-foot future road vvidenii~strip shall he dedicated to the Count along the Huina Road frontage upon rev uest hti tlrc County subsequent to final subdivision approval. Should the a ~ilic~nt choose to provide access Iy the project area from South Road, the applicant shall improve South Road meeting with the approval of the Departments of Public Works and Transportation, including dedication of necessary rightol_=way. In the event access is not provided to South Road. the applicant shall delineate a -2- 15-foot wide future road widenine setback along the South Road frontage and shall dedicate the setback area when subdivided by the Counh~; (F) access to the subject property shall meet with the approval of the Departments of'I~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 Pinal Subdivision Approval of the proposed development; (G) restrictive covenants in the deeds of all the proposed lots shall prohibit the construGion 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 be Yiled with the Planning Department within one year Gum the date of f final subdivision approval: (1 I) should any unidentitied 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 notitied. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufticient mitigative measures have been taken; (I) all other applicable laws, rules. regulations and requirements shall be complied with: (J) should the Council adopt a Unfitted Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein mav_ at the applicant's election, be satisfied be 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 et7ective date of the Change of lone. 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 -3- 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 (I J 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: 21 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 contran to the General plan or the Zoning Code; 4) the time extension granted shall not 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): and 5) if the applicant should require an additional extension of lime. the Planning Director shall submit the applicant's request to Ure 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] coati initiate rezoning of the area to its original or more appropriate designation." SECTION 3. Material to he deleted is bracketed and material to he added is underscored. SI~:C'IION 4. In the event that any portion ofthis ordinance is declared invalid. such invalidity shall not affect the other parts ofthis ordinance. SEC'I~ION 5. This ordinance shall take effect upon its approval. IN PRODUCED BY: q ~7 L;,. ' C NCIL MBER. COUNTY OP HAWN`I l lawai'i ~ i Date of Introduction: Date of 1st Reading: Date of 2nd Kcading: Effective Date: 309.3 REfEREN%s: Canm. -4- f )R INFORMATION O A-ICiV f~ 10p \ 41 j / \ 14U~~ i A-la A 1Gq O ~9 j i 1. ~ ~aP0o A-20a I ~ ~~VYASAm " / ~ VILLAGE"~ A-la ~ A Ana ~ A nCO Q i Q ~ ~ qtr A-~°q o y , A:~°4 Ryan y i 1 p - ` Z i I c ~ 7 R9- ~ A=aw ~ A ~ i R 'fie ~ 0 I ° AaRICULTU RAL (A-20q)//~- _ \ 0 _ /TO AERiCULTU RAL (A-lq~/%. - q9 zO H ~-~'~o VCl cANO / /i7RE/i = 4S- 945 ACRL=9 -~4 A ~0 1 _ 1e ~ ~ ~ A-9q__ _ -_.I Off, /O R@-io~ R8 10 ~ ~ ~ Vo~cA o_ ROA ~ _-T~~~ R9- ~ ~ \ ~ ~ - I _ Rs-~o~ ~S ~ A A ~ A-SA ~ ~ ~ Rs io 1 ~ I ~ ~ , A I \ \ \ 1 ALSO ~ I ~ ~ Aala ~ ~ I A leo I ~ D ~G 1° /l~ 1 - ~ ~ a A-~~ 9 ~ ~q I ~ A ~ ~ A Sq ~ t P _ ~ A-sq ~ _ o l ~ ~ ~ - ~ ~ ~ r, - aGO ~ / I I I A loo A I a ~ ~ [ A' I n~~ ~ 1 Y AMENDMENT TO THE ZONING CODE AMENDING SECTION ~.5-103 (PUNA DiSTr?IC~' ZOPfE MAPS ARTiCt_E CHAPTER 25 (ZONINS COpE) OF THE HAWAII COUh1TY CODEr BT CHANGING THE DISTIQICT CLA551FICA- T10N FROM AGRtCUI_TUI'2AL (A-20a~ 70 AC141CU1_TURAL (A-1 a) AT OLAA, PUNA, HAWAII. PPeEPARE'C~ By Pt--ANNTN6' 1~1?1°A!Q'TM1=NT CoUNTy of t-iAWRtI TMK ° 1-7-17 JULY t, l°~°J~-