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Home My WebLink AboutORD 1997-065 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 65 ORDINANCE NO. 65 AN ORDINANCE AMENDING ORDINANCE NO. 92-123 WHICH CHANGED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY I-7-17:3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 92-] 23 is amended as follows: "SECTION 2. This change in district classi5cation 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 [date of receipt of Tentative Subdivision Approval] effective date of this ordinance ; (C) the applicant shall provide channelization improvements at the intersection of the Hawaii Belt Road and South 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; (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. Access to the proposed lots shall be via a 60-foot right-of--way on the existing South Road righF- of-way fronting the subject property. That portion of South Road 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. (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 r 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 al! the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy ~~f 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 o1~ a typically recorded covenant shall 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; (7) 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, bait -2- not be limited to, the status of the development and to what extent the conditions of approval a e 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 may be granted by the Planning Director upon the following circumstances: I) 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 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); and 5) if the applicant should require ~-n 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 initiate rezoning of the area to its original or more appropriate designation." SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ ~ ~~i j ' ~ ~ ~-~~-e-~/u ~z: ~ /c~C~'r - C CIL MEMBER, COUNTY, OF H`AWAII ( ;1~,~' A -3- Hilo, Hawaii Date of Introduction: April 23, 1997 Date of 1st Reading: April 23, 1997 Date of 2nd Reading: May 7, 1997 Effective Date: May 14 , 1997 REFERENCEc Comm. Z1~ APPROVED AS TO FORM AND LEGALITY `~G~-fiti ~ o-- 1'C . D ~~ea~-~ DEPUTY CORPORATION COUNSEL DATED: MAY 1 2 1°97, -4- ~ \ A-2o° A-ve9 / ~~R~o = A-2o9 FOR INFORMATION ONLY ti A-20q / "IWASAKI - 1'O ~ ~ VILLAGE" A-19 ~O L~ A-2o9 ~ ~ 0 1 ~ % 'Ij C ~ 0 A-1e9 o z° ~ n Rtlo9 ~ R`~~ ~ ~ G z ~ A-19 ~ ? A-'~e9 -4~ 271.T \ 0f4.B~ W ~ "oLAA" A \ i Z s-2o ` I R i / / i/~ ~ '~i e ~QRIOULTU RAL (A-20a~ ~ 0 PTO AL9RICULTURAL (A-fo~j Ra;~e _ Rs-ac -.veLevroe I~ files-le ~iAREA = 45.945 ACR>=S' ~ i -I9 ~ Ra I ~ I A-Sq ~ Rile _'~o~ ~ 2p ~ ~ i II~ ~l~ ~ OV Rg'10 R9~10~ ~l ~ A-99 -F ~ /C ~/Ol-CA O ROA HALO-~ ~ ' ~ RS-I ~I ~ -AV \R3'r2~ ~ H2O ~ ~ e ~ ies-~~o ~ W ~ -}-~~t- l A-Sq ~ \ Re+f2o ~ 1 0 \ \ 1 -T ~ A~Sq i~ ~ ~ Ayly~ I A~Iq _ ~ ~ A759 ~ Q A-leq ~ ~~X A Sa ~ ~ ~ l A- I9 vi ~ i A--tea ~ Y ~ . I / n \ v / A-'1oa j~ A1~9 A'Ie9 ~ A-lee ~ A~191 AMENDMENT TO THE ZONING CODE AMENDINC3 SECTION ~5-103 (PVNA DISTRICT ZONE t+1AP) ARTICLE 3, ct1APTER ~s (ZONIN'Q CODE) of THE HAWAII COUNTY COD7= F37 CHANCi1NC3 THE DISTRICT Ct-ASSIFICA- TION FROM AGRICUL-Tt2RAL (A-moo) TO AGRiCULTtJRAL. (A-la) AT OI...AA, PVNA, NAWAtI_ Pt~~PARt=o By P~-ANNtNCa 1~EPARTMt=NT ccuNTy ~1= tiAlNAtI TMK= t-7-17'3 JUt_Y I, 1°-~J~ EXHIBIT „A„ (KAPoHO pROPERTtE ~'1 OFFICE OF THE COUNTY CLEKK CouuLy of Hawaii Hilo , Hawaii Rr~-,._ ROLL CALL V T _ Introduced By: Bobby Jean Leithead_Todd _ _ e~ AYES NG7>i~ ARS EX DateLttroduced: April 23, 1997 Arakaki _ -C _i~ First Reading: April 23, 1997 Chung X I _-1 Published: NSA _ ' I eithead- Ardd - X_ ~ _ - _~i _ - - - - - - Reynolds g REMARKS: - - - - Santangelo _ X -4-- CSnuth-_ - X - - LTyIcr X - i Yagong _ I X _ - - - - t- - _ ~ - - --i--9- ° _L ° ROLL CALL VOTE Second Reading: __MaY 7, 1997 ---I~ To Mayor: _ P1aY 8, 1997 AYES NOES A6S EX - Returned: May 14, 1997 Ar~ rki - _ X ~ Effective: Mey 14, 1997 Chung _ X _ _ _ _ Published: ~Y 23, 1997____-___ Lei[head_Todd_- - Ray X - - Reynolds X REMARKS': Santnngelu X - _ Smith X _ Tyler X _ Ya;;ong X - 9 0 ~ 0 1 DO HEREBY CERTIFY t6~at the foregoing 8lLI was adopted by the Cr~unty Cyr+ncil and published is indicated above. a'~t~°:n~1/i=D AS Tfl °=~i6:lM A1'JD LEGALITY: C'FN,1Yy CORPORATION COUNSEL COUNTY Oi- I1AWAll op;P h9AY 1 2 1997 _...__s._._ ApproveeUDera~ps+red thf.r ~ dqv C.'O(~ CIL AIRMAN of l9 ' - - J COUNTY CLERK AYOR, COUN~f OF HAWAI/ Bill No. _ 65 Reference: _ C_-2n17/PC-39 _ _ -