HomeMy WebLinkAboutBIL 013 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 13
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 90 63, AS AMENDED BY
ORDINANCE NO. 93 76, WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION
OF LAND FROM UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AND
(RS-20) AT PUAPUAAIKI AND PUAPUAANUI, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-5-17:28 AND 29.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 90 63, as amended by Ordinance No. 93 76, is amended
as follows:
"SECTION 2. These changes in district classification are conditioned upon the
following:
(A) the applicant, successors, or assigns shall be responsible for complying with all
of the stated conditions of approval;
(B) the required water commitment payment shall be submitted 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) revised tentative subdivision plans for the proposed development shall be
submitted to the Planning Department within one year from the effective date of
this change of zone amendment. Final subdivision approval shall be secured
within [two] ftYg years from the effective date of this change of zone
amendment. Plans for necessary infrastructural improvements, including off-
site roadway and an off-site water system, shall be submitted in conjunction
with construction drawings for final subdivision approval;
(D) a drainage system shall be installed in accordance with the requirements of the
Department of Public Works;
(E) access(es) shall meet with the approval of the Departments of Transportation-
Highways Division and Public Works. Further, Queen Kaahumanu Highway
shall be improved with a fully channelized intersection, including deceleration,
acceleration and left-turn lane(s), and which may include signalization, meeting
with the requirements of the Department of Transportation. These improvement
shall be provided prior to the occupancy of the first house(s) within the
subdivision. Traffic signals shall be installed by the applicant, successors or
assigns at such time when warranted and deemed necessary by the State
Department of Transportation-Highways Division;
(F) the interior subdivision roads shall be provided with curbs, gutters and sidewalk
improvements; and amauka-makai collector road shall be constructed within the
subject property which shall include a mauka stubout in a manner which would
lead toward eventual connection to Hualalai Road. The applicant shall delineate
and dedicate to the County of Hawaii a sixty-foot right-of-way within the mauka
portion of the subject property for this eventual connection to Hualalai Road.
The costs of construction for this connection to Hualalai Road shall not be the
responsibility of the applicant. The applicant shall also provide a private
one-way single lane paved access easement extending to Hualalai Road through
the subject property to be used only for emergency purposes which may be
gated with an appropriate breakaway feature. This access shall be designed to
permit only a right turn exit from the subject property with striping and
demarcation for safety measures. The applicant shall maintain the emergency
access until such time the construction of the mauka-makai collector road is
completely connected to Hualalai Road and at which time the emergency access
shall be abandoned. The applicant shall provide selected internal north-south
-2-
roadways which extend to the boundaries to provide future traffic connection
with adjacent properties and shalt include in the restrictive covenants in the
deeds of all the proposed lots informing all purchasers that the streets within the
subject property may become future thoroughfares connecting to adjoining
properties. These improvements shall be provided within twenty-four (24)
months from the date of final subdivision approval and meeting with the
approval of the Department of Public Works;
(G) an archaeological data recovery and preservation plan shall be submitted to the
Department of Land and Natural Resources, Historic Sites Section and the
Planning Department for review and acceptance prior to preliminary plat map
submittal. The archaeological data recovery and preservation shall be in
conformance with the accepted plan and shall be completed prior to any land
alterations on the property;
(H) should any unidentified sites or remains, such as artifacts, shell, bone 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 ittunediately notified. Subsequent work shall proceed upon
an archaeological clearance from the Planning Department when it finds that
sufficient mitigative measures have been taken;
(I) to ensure that the Goals and Policies of the Housing Element of the General
Plan are 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 to assure it addresses the affordable housing needs of
the community and the affordable housing condition imposed by the State Land
Use Commission. This housing plan shall be approved by the County Housing
Agency prior to final subdivision approval provided that the applicant shall
-3-
notify the County Housing Agency of any intent to sell, lease, assign, place in
trust, or otherwise voluntarily alter the ownership interest in the property prior
to visible commencement of construction on the property; provided, however,
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;
(J) to ensure that the Goals and Policies of the Recreation Element of the General
Plan are implemented, the applicant shall construct a minimum five (5) acre
recreational park within the project site for active and passive recreational uses
to be dedicated and accepted by the County of Hawaii. The configuration and
improvements, including but not limited to grading, grassing, irrigation, fencing
along the subject park area fronting Queen Kaahumanu Highway, and the
construction of a softball field, a soccer field, parking and restroom facilities,
shall meet with the approval of the Planning Department in consultation with the
Department of Parks and Recreation and the Department of Public Works, prior
to final subdivision approval. A park maintenance and operational plan shall be
submitted for review and approval by the Planning Department in consultation
with the Department of Parks and Recreation in conjunction with final
subdivision approval. Until such time that the park is dedicated to and accepted
by the County, there shall be adequate assurance, as determined by the
Corporation Counsel, for the maintenance of the private park by recorded
covenant running with the land which shall include the following:
I) obligate the subdividers, purchasers, occupants, or association in the
subdivision to maintain the park in perpetuity; and
2) empower the County, through the Department of Parks and Recreation,
to enforce covenants to maintain the park, authorizing the performance
of maintenance work by the County in the event of failure by the
-4-
subdividers, purchasers, occupants, or association in the subdivision to
perform such work and permit the subjecting of land and properties in
the subdivision to a lien until the cost of the work performed by the
County has been reimbursed. At the minimum, access to the
recreational park shall be gained from within the subdivision. The park
shall be completed within one year from the occupancy of the first
home;
(K) as represented by the applicant, restrictive covenants in the deeds of all the
proposed lots shall prohibit the construction 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 the approved covenant
shall be recited in an instrument executed by the applicant and the County and
recorded with the Bureau of Conveyances likewise prior to final subdivision
approval;
(L) comply with conditions of the State Land Use Commission;
(M) comply with all other applicable laws, rules, regulations and requirements,
including those of the Departments of Health, Water Supply and Public Works;
(N) 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 shall be credited towards the requirements of the Unified Impact
Fees Ordinance;
(O) an annual progress report shall be submitted to the Planning Director prior to
the anniversary date of [he effective date of [his Change of Zone amendment.
-5-
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 and the Planning Director
acknowledges that further reports are not required; and
(P) 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 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 may initiate rezoning of the area to its original or more
appropriate designation."
-6-
SECTION 2. Material to be deleted is bracketed. New material is underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall no[ affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm.
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED
-7-
FOR REFERENCE PURPOSES ONLY -
A-Ia A-Of° i '
A-la p i.
A-5~ M. II A-I°
rco-w~~ Jhoh~,0 - ~ -Y 111
/•.CQ~'„, '-R~~A-..~° (ice/~1~~
~<o o. ~ ~
" ~ ~
N -
.,:,r1. ~ . ~7
A-I. RA--B. 1 - I.
s _ r '
r _ C
/ '
e um~c a
u '~rc.+ne~e~ v
nA.9.
, PA RCCL
u UNPLAN NEO (U~ To I
1~' ?INGLLa FAMILY
u \1i U RE'JIOCNTIAL (RAJ-~O~
1, AREA o 7SJ2 ACRC^~
II
/
/i / RM•9 Y
U
rtM-s RAJ-.s
I /
PAr[C0L t / / I
i4'1O ~i UNG LAN NEO (U~ To
~I ~JIrvO LE FAMILY
A-I• RE°JI~ENTIAL (RE-7 .3 u
AREA = 91,792 ACRC~
I ~
I- _
-J
U toea.ov M j//~ RM S U
+.a ea.~~ a
rcAnsuo° v
"~A'"+A HAWAII BELT ROAt7 rceAU rieu -
~r-~
V RM-9
TS-~O
f
U U j~/
0~
' r~i
P t ,
V u /~tJP~ R7-io .r RZ"O
AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-87 (NORTH' KONA ZONE
MAP) ARTiC.t_E CHAPTER ZS (ZONING CODE 01=
THE 1"'iAWAiI COUN1--y CODE, By CHANGING Th-FE
DISTRICT CLASSIFICATION 1=ROTv1 UNPLANNCD (U~
TO SINGLE FAMILY RESIDENTIAL (1~5-7-5~ AND
(f~5-2o) AT pUAPUAA1Kl AND !°UAPUAANUI,
Nof~2T1-t KOh(A, f--tAWAiI.
PRC pr~f2E~ BY = PLANNING ~>=PAI~Tt~IENT
CCUN7-y OF HAWAII
TMt< = 7-S-17 ~8 Arm 2~ DEC. 1B. I~B9
-`ice iC'~