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Home My WebLink AboutBIL 008 Draft 03 1998-2000 p4, r.~ a~,.yY , ~ COUNTY OF HAWAT: ~ "'STATE OF HAWAII ~:A~~':~ BILL NO. 8 (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 92-51, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A-3a) TO RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-37:36 (FORMERLY 2-4-37:PORTION OF 16). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 92-51 is amended as follows: "SECTION 2. This change in district classification is conditioned upon the following: (A) [the] The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval[;], (B) [the] ~ applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the Change of Zone[;], (C) [subdivision] Subdivision plans shall be submitted within one year from the effective date of the zone change. Final Subdivision Approval shall be secured within [two] iv years from the date of receipt of tentative subdivision approval[;], (D) [access] Access to the proposed lots from Kupulau Road shall meet with the approval of the Department of Public Works. The proposed development's interior access roadways shall meet with the approval of the Department of Public Works and the Fire Department[;], (E) [the] Thy applicant shall provide a minimum 20-foot wide pavement with 3-foot wide shoulders within that portion of Kupulau Road fronting the subject property [to Ainaola Drive] meeting with the approval of the Depaztment of Public Works prior to Final Subdivision Approval of any further subdivision of the subject nro~ertv beyond the proposed 3-lot subdivision or bonding to ensure that the improvements aze constructed[;], (F) [the] ~}lg applicant shall provide drainage improvements as may be required by, and meeting with the approval of, the Department of Public Works[;], (G) [the] The method of wastewater disposal shall meet with the approval of the appropriate government agencies[;], (H) [to ensure that the Goals and Policies of the Housing Element of the General Plan aze implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final subdivision; provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place intrust, or otherwise voluntazily alter the ownership interest in property prior to visible commencement of construction on the property; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency] To ensure that [_h_e goals and policies of [he Housing Element of the General Plan are implemented the applicant shall comply with the requirements of Chanter 11. Article 1 Hawaii County Code rela[ine to Affordable Housing -2- (I) [restrictive covenants in the deeds of all residential-zoned lots shall prohibit the construction of ohana dwelling units. A copy of the proposed covenant(s) shall be submitted to the Planning Department for review and approval prior to final subdivision approval. Written assurance for implementation of this condition, which has met with the approval of the Planning Department, shall be submitted to the Planning Department prior to final subdivision approval. A copy of a typically recorded covenant shall be filed with the Planning Department within one yeaz from the date of final subdivision approval;] Restrictive covenants in the deeds of all the proposed residential lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenan (,El to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(sl shall be recited in an instrument executed by the apnlicant and the County and recorded with the Bureau of Convevances for an~nortion of the subject property. A copv of the recorded document shall be filed with the Planning Department upon its rece~ from the Bureau of Conveyances. (J) [prior] Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that additional improvements in the project area aze required (i.e. roadways, pazks, police, fire etc.), the applicant and its successors or assigns shall pay or contribute its pro rate shaze of such additional improvements. Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project azea shall be credited to any future impact fees[;], (K) [all] t,]1 other applicable laws, rules, regulations, and requirements shall be complied with[;], -3- (L) [should] 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 applicants' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance[;], (M) [an] 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 address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports aze not required[; and], (N) [an] Qt1 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 applicants, successors or assigns, and that aze 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 period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional yeaz); and -4- 5) if the applicant should require an additional extension of time, the Planning Director [shall] may 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. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CI MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 24.002 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- f m ° A ies-IS I lea le ' 01 K ~ ~ = A-a I 1 i~~#y0 CrtQ~n . A Z(U,~ h. was-9~+' le" 9aa.ee r iee-ro n ~ releslL.TUtQA~ r~ ~Iwtsl~• m Q PI }~AM1Ly RfS~Jtt7ffNT1Al (R-3-10)' + ' ^'1. Q 0 ARpA = 10.0'7.R>3 ACtltO~J 0 C ~ ~ to 0 N 7 ~ J ~ ~ ~ Ra_,e ~ 0~ Y Cp A and a ie,oe~ n+ s ss~ ~.aee.e7 w t~~..z9 ..„ALAI" ® ,~f„ I I . Iea.7~/ Rf-7.1f MAW MIA a3T1lQQT ~ Ra-le 1" "w A 1 A R F f A ~ e^ ~ ~ 3• 1 a Afl. R3 73 Ra17.S j Rs 73 J 0 QIH-le Q J 0 ~ ~ F n Iea-Ie /?INMOV., DIi1V~ C AMENDMENT TO THE ZONING CODE AMENDING SESr'T10N ~5-114- ~C1T7' Op¦ FIILO ZONE MAP) ARTICLE 3, CT-1APTLR ZS (ZONING Cfl17E) 0T= THE 1"fAWAII COUNTY CODL C7' C.T-1ANGING T1iB 171~1RIGT CLA351FiCATTON FROM AGT?ICLJLTURAL (A-3a) To 31NGLE F,gM1Ly RES1aENT1AL (TES-1o) Aj WATAKEA, 50U-r1-} MiLO, NAWAII_. PflEPARt=D py : PLANNIN[3 O1_}°ARTMt°tYT COt.JNTy Or HAWAII TMK ~-4-37 = PoRTtoTY IG X88_ ta. tpe.~'~ EXHIBIT i/All (NIAIAI~L°A ~L'VHI.OPM ENT VENTU RE~~