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Home My WebLink AboutORD 1991-135 1988-1992COUNTY OF HAWAII STATE OF HAWAII BILL NO. 412 (Draft 4) ORDINANCE NO. 91 135 AN ORDINANCE AMENDING SECTION 25-103 (PUNA DISTRICT ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-05:12. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-103, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Olaa, Puna, Hawaii, shall be Agricultural (A-la): Beginning at the southwest corner of this parcel of land, being northwest corner of Lot 91, Grant 6256 to B. Moanaliha, and on the east side of 30-feet wide Road Reserve, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 4,262.76 feet South and 12,389.98 feet West, thence running by azimuths measured clockwise from True South: 1. 150° 00' 353.38 feet along 30-feet wide Road Reserve; 2. 260° 30' 1,694.16 feet along Huina Road; 3. 350° 30' 331.00 feet along Lot 90-D; 4. 80° 30' 1,570.40 feet along Lot 91, Grant 6256 to B. Moanaliha to the point of beginning and containing an area of 12.403 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, its successors or assigns shall be responsible for complying with all stated conditions of approval; (B) the change of zone shall become effective upon execution of a written agreement with the Department of Water Supply guaranteeing that water for the development will be made available to the property; (C) subdivision plans shall be submitted to the Planning Department within one year from the effective date of the zone change. Subdivision plans shall show a 10-foot future road widening setback along the Huina Road frontage of the property. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval; (D) access to the proposed development shall meet with the approval of the Department of Public Works. The portion of Huina Road fronting the subject property shall be widened to a 20-foot wide pavement with 4-foot shoulders meeting with the approval of the Department of Public Works prior to final subdivision approval; (E) should any unidentified sites or remains such as artifacts, shell, bone, - 2 - or charcoal deposits, human burials, rock or coral alignments, pavings, or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (F) comply with all other laws, rules, regulations and requirements; (G) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of eaactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (H) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. 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, (I) it shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of final subdivision approval. For the purpose of this condition, "agriculture" shall be defined as the cultivation of crops, including but not - 3 - limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of livestock, including but not limited to poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use. This condition .s hall be incorporated in each of the deeds for the proposed lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the date of final subdivision approval; (J) There is an existing piogerv operation located on Huina Road that may b a so rce of odor nuisance to the residents of the proposed 1-acre aaricul ral subdivision along the road The owner/developer shall advi potential buyers of adverse environmental ondi ion and uch ~nditions shall be made known to subsequent buyers through proper provisions in the property deed which will run wi h the parcels and shall be recorded with the State B rea of Conveyances; (K) Approval of the subdivision of the property into one acre lots shall be conditioned upon submission of restrictive deed covenants for all of the one acre lots to the Planning Department for its review and approval prior to the submittal to the State of Hawaii, Bureau of Conveyances for recordation with the final subdivision plat maps. These covenants shall be included in the deeds to each of the lots, and will require that there shall be no application for further - 4 - rezoning or further subdivision, nor any applications for permission to create ohana dwelling units pursuant to Chapter 25, Article 25 of the Hawaii County Code until such time as Huina Road is improved to such a level as to accommodate the traffic estimated by the Department of Public Works to result from such an anticipated increased population caused by the further subdivision and/or ohana dwellings; (L) Should any improvement district be initiated for road improvements on Huina Road, the applicants, successors or assigns shall participate in such improvement district provided, however, that this condition shall be included in a restricted covenant approved by the Planning Department prior to tentative subdivision approval and recorded with the Bureau of Conveyances; and ~ an 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 of the change of zone; 4) the time extension granted shall be for a period not to exceed the - 5 - 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 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 COUN ILMEMBER COUN OF HAWAII Hilo, Hawaii Date of Introduction: September 4, 1991 Date of 1st Reading: September 4, 1991 Date of 2nd Reading: December 10, 1991 Effective Date: December 27, 1991 - 6 - A-2o° 1oa A-5q A-woe s° ~ All e ~ A-Sa I A-toe A-1e° J~ u0 N. L A-lo I I I I A'r i° ~ I I I HuiNA ReAO ~6O°J0+~~0.-J4-~G TO VOLCANO ROAO+ Is• o• oo" ~O 3Sa_ee A t° A-lo 17, ssa.'e w °JSO° se' ' 'bLAA" ® A-1eq Hel.Oe A-toe A-le 'q-4'Ov AGIQIOULTURAL (A-~Oa~ -- ~~ TO AGRICUI-TLRAL A-lo A_,° AREA = 1~-4oa ACRC~ A'~e° A-coq A'20q A-too A-'2oe A-IOq A-lou A-1o ° RA-. Sq A-1oq R~ Rte, ~.. q-1o ° \ RA--Sq /.. AMENQ~MIEI~T TO THE ZONING CODE AMENDING ~TION ~5-103 (PUNA bISTR1CT ZONE MAP) ARTICt_f°' ~, cHAPTCR '2~ (ZONINGS CobE) of THE HAWAII COUNTY CODE, B7' CHANC3ING THE D1sTRICT Cl..A3~IFICATION }FROM ACSRICUI..TURAL (A-~Oe) TO AGRICUI..TURAL (A-fo) AT OL.AA, PUNA, I-fAYVAIi- PRE PfiRt~D d7'' GOUtNTY ~F HAWAIRTM~NT TMK I-7-05 = 12 NOY_ Ifs 1°...)90 EXHIBIT 11 M1' (DR- ALLAN TAI(A~J~) ~-]°s