HomeMy WebLinkAboutORD 1995-051 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 34
(Ilraft 2)
ORDINANCE NO. 95 51
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP) AND SECTION 25-95H (WAIKOLOA VILLAGE ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, RELATING TO THE MODIFICATION OF CONDITIONS B AND C OF
ORDINANCE NO. 90-160, WHICH RECLASSIFIED APPROXIMATELY 761 ACRES
OF LAND FROM AN UNPLANNED (U) AND MULTIPLE FAMILY RESIDENTIAL
(RM-1.5) TO OPEN (O) AND RESIDENTIAL-AGRICULTURAL (RA-la) AT
WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY
6-8-02: PORTION OF 16 AND 6-8-03: PORTION OF 32.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 90-160 is amended as follows:
"SECTION 3. This change in district classification is
conditioned upon the following:
A. The applicant, successors or its assigns shall be
responsible for complying with all of the stated
conditions of approval;
[B. the RA zoned area shall be subdivided in three
increments. The first and second increment shall consist
of a maximum of 175 one-acre lots each and the third
increment, the remaining area. Subdivision plans shall
be submitted for successive increments only after
development has occurred in the preceding increment as
determined by the Planning Director. "Development" means
that building permits have been issued for dwelling units
and construction has been partially completed to the
extent that roofs have been constructed on a minimum of
twenty-five percent of the number of lots proposed for
the first increment. In lieu of actual construction, the
applicant may enter into an agreement with the Planning
Department to assure the County that the dwellings will
be constructed within a given period. Such agreement
shall be secured by a surety bond, certified check or
other security acceptable to Corporation Counsel and the
Planning Department. Upon final execution of such
agreement and filing of the security with the County,
subdivision plans for the next increment may be submitted
prior to the actual construction of the dwellings in the
first increment;]
[C]fl. [Subdivision plans for the first increment shall be
submitted within one year from the effective date of the
change of zone.] Final subdivision approval for not less
than i75 to shall be secured within [one year from the
date of receipt of tentative subdivision approval]
five (51 y~ ars from the effective date of this amendment.
Plans for infrastructural improvements, including
off-site roadway improvements ~gi~i-tad in Condition_C,
shall be submitted in conjunction with construction
drawings for final subdivision approval [of the first
increment] for ^nv Dot ion of h abject groDerty.
Prior to Tune 30 1996 cone ruction of the
nh^nne~iz,tion ipib?rovemen s to the Waikoloa/Pug
*^--';^/p^~~^'o Avenue intersection (including
' 'on/deceier^t;on ,nd lef ,rn torage ~an~nd
~ ement nd shoulder w;denincrl meeting with the
recx 'rP „re of the Department of Public Works shall be
completed ,nd dedic~ted to the county Tn addition. the
fir'' w " *a~~ and dedicate the rra~ ffi_~
~r ^ 1 ; ^ ; on ; ~rov m n c>>; rPd ~ n ond; ; on C prior
to the Final Subdivision ADDTOVa for more than 350 lots
of ca rites acres or less or sooner in the event the
s for such inst,i~^t;on ^re j~G ified by hP hiPf
~gineer Tn lieu of actual construction of
iIifrastrucY~~ ~¢1p''ov m nts required herein. excenT for
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Cond~t~on C, the applicant ma y enter into an agreement
with the County to assure the
~nfrastructural ~morovements County that the
will be constructed together
w; h h ~ropriate bond, su rety or other security
d mP~d a r~~gtable to the Plan
Cargo a ion o~n 1. 7non ex ning D; or and h
ecution of such agreement
and/or filing of the security with the County, final
s,~h~;v;lion aggroval for the subject grogerty or gortions
thereof shall b granted grio r to the actual construction
of required infrastructural i mprovements;
[D7~. Access shall meet with the requirements of the
Department of Public Works. Direct access to Waikoloa Road
shall be limited to one roadway from the project site.
Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection
shall be channelized and signalized meeting with the
requirements of the Department of Public Works. These
improvements together with other roadway improvements required
by the Department of Public Works based upon a Traffic Impact
Analysis Report dated December 1989 shall be provided prior to
opening of the golf course or in conjunction with final
subdivision approval of the first increment, whichever occurs
first, or as otherwise provided by Chapter 23 (Subdivision
Control);
[E]p. To ensure that the goals and policies of the Housing
Element of the General Plan are implemented, the
applicant shall secure the concurrence of the County
Housing Agency, upon the recommendation of the Office of
Housing and Community Development, that the applicant's
affordable housing requirements, if any, have been
fulfilled prior to the issuance of final subdivision
approval;
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[F]&• A drainage system shall be installed in accordance with
the requirements of the Department of Public Works and
other affected agencies;
[G]E• Comply with all applicable laws, rules, regulations and
requirements, including conditions of Use Permit No. 71;
[H]~. 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 developer's election, be satisfied by
performance in accordance with the requirements of the
Unified Impact Fees Ordinance;
(I]~• 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 and the Planning Director acknowledges
that further reports are not required;
[J]$. 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;
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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 shall initiate rezoning of the area to its
original or more appropriate designation."
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 not affect the other
parts of this ordinance.
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SECTION 4. This Ordinance shall be effective upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 1, 1995
Date of 1st Reading: March 1, 1995
Date of 2nd Reading: March 15, 1995
Effective Date: March 21, 1995
APPROVED AS TO FOR AND LEGALITY:
::'' CORPORATION COUNSEL
DATED : ~~~~,~
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo .Hawaii
rnRnrm ~ ~ ~ i ~...~ '-
Introduced By: Keola Childs
Date Introduced: March 1. 1995
First Reading: March 1, 1995
Published: N/A
REMARKS:
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
March 15, 1995
March 16, 1995
March 21. 1995
March 21, 1995
March 28, 1995
I DO HEREBY a reQOirty BILL
indicated above APPROVED as }o
FORtA id LfTY
~~_
CORPORATION COUNSEL
COUNTY OF HAWAII
Date MAR 2 p }Qq5
Approved/Di ed this H day
°f `~ lg ct, Y
MAO , CO OF WAII
ROLL CALL VOTE
AYES -. NOES ABS , EX
Arakalu }(
Bonk-Abramson }{
Childs }{
De Lima ){
Domingo }{
Osorio X
~~ X
Ray X
Smith }{
8 0 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs }{
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
adopted by the County Council and published as
~~ ~~~ ~
CLERK
Bi}lNo.: 34 (Draft 21
Refnence: C- 158/PC-33
ord. No.: 5 5