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HomeMy WebLinkAboutORD 1999-051 1998-2000 o .y r + . COUNTY OF HAWAIr ~ ~ ~ STATE OF HAWAII '+o;;~~~ BILL NO. 13 (Draft 2) ol~nvANCE No. 99 SZ - 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: [QA[)].[the] Thsi applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval[;], [QBp],.[the] Thsi 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[;],. [QCp].[revised] 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] f1YS< 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[;], [QD[)],.[a] A drainage system shall be installed in accordance with the requirements of the Department of Public Works[;]. [QEp]y[access(es)] 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] Thy interior subdivision roads shall be provided with curbs, gutters and sidewalk improvements; and a mauka-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 shall 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 thoroughfazes 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[;], [QG~].[an] Ari 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[;]. [QHp].[should] ~hQUld any unidentified sites or remains, such as artifacts, shell, bone or chazcoal deposits, human burials, rock or coral alignments, pavings, or wallcs 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[;]. [QIp],. [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;) To ensure that Lhe goals and noliciec of the Housing Fte*nent of the General Plan are jmplemented the annlicant chall comnJy wi h he requirements of Chanter 11 Article 1 Hawaii Coun~ode relating to AffordableN_ousine. [QJp]_ [to] TQ ensure that the [Goals] gds and [Policies] 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: 1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the park in perpetuity; and -4- 2) empower the County, through the Department of Pazks 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 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[;], [QKp]y[as] 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 fmal 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[;] [QLp]~[comply] omnly with conditions of the State Land Use Commission[;], [QMp],.[comply] omnly with all other applicable laws, rules, regulations and requirements, including those of the Departments of health, Water Supply and Public Works[;],. [QNp],.[should] hould 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[;] -5- [QOD],.[an] AII annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this Change of Zone amendment. 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 aze not required[; and], [(IPDI.[an] AII 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 aze 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 -6- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: -LOy U IL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: April 6, 1999 Date of 1st Reading: APB 6. 1999 Date of 2nd Reading: APn-1 21, 1999 Effective Date: May 4, 1999 REFERENCE: Comm. 45.01 APPROVED AS TO FORM AND LEGALITY ^-f~' CORPORATION COUNpSEL DATED: Lam/ -7- FOR REFERENCE PURPOSES ONLY A-30 A-ly A-Ip A-ss N ~1 A-ice " T ( I~ A-le r<s-~9~~ RV i - ~..~,Eti , 8~Q~ ; • C~ rtnrsp err A-1. RA-.S~ 1 - .~J i ~ ~ / - N '~~wea.eg ru e.11e.~c ~ V "KAN aLOf G _ _ Rn.9p - ' + RAC-3p pA RC>?L 2 ' i u 61N6LL~ FAMILY FF' REJICHNTIAL (R~-ZO) u ~ ~ ~ AREA = 7_SIDZ ACR~"J' li / RM-9 U N0~ U wu~u~u V / RM-s ~ize-~s A-ip ~ UNP/LAfVNep (U) To •I ~I 3)NQLE FAM11-Y 1 A-Ip RE°JID6NTIAL (R~-7 °f ~ AREA a °,-1f.7~Z ACIRC~ i _ ~ / JI i / u jjj u /J ~ / RM-S V I( V t.eeD.o> n 1.959.19 H "KAMSLO"~ +RA~~uA HAWAII D6LT ROAD Kcnur~ou - U RM-g RS-~O ~ - ~p ~P~/ u u ~~O ~p . lY p: . Rz. ~ . U RAJ-10 ~ 4 C to u AMENDMENT TO THE ZONING CODE AMENDING SECTION '25-67 (NORTF"F KONA ZONE MAP) ARTICLE 3, CtiAPTHIQ ZS (ZONING COfl>=~ OP T1'iE HAWAII COUN'~'y CODE; BT CHANGING Tl-FE b19Ti~ICT CLASSIFICATION FiQONI UNPLANNED (U) TO SINGLE FAMILY RESiDENT1AL ~l'i'S-7 S~ AND (RS-ZO) AT PUAPVAAIKI AND 1°UAI°UAANUI, NORTH KONA, F-fAWAIi- PRBPAf2ED BY v P1-ANNIN ~>=PAIQTT~I EfVT CCU N'ry OP 1--fAW.C II TMK = 7-S-t7 28 AND 2°~ DEC. 19, I°0-~8-~ C `(U ICi~- a ~n OFFICE OF THE COUNTY CLERK ~ ~ ~ ~ ~ ~ - County of Hawaii Hilo ,Hawaii (DRAFT 2) ROLL CALL VOTE AYES NOES ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki X Date Introduced: April 6 1999 Chung X First Reading: April 6 1999 Elarionoff X Published: N/A Jacobson X Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 Second Reading: April 21 1999 ROLL CALL VOTE To Mayor: April 23 1999 AYES NOES ABS EX Returned: MaY 4, 1999 Arakaki X Effective: MaY 4, 1999 Chung X Published: May 19 1999 & '~-JT) Elarionoff X May 24, 1999 (RFD Publications) Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 1 DO HEREB}' CERTIFY that the foregoing BILL was adopted by the County Council puhlished as indicated above. APPROVED AS TO F~~,~GC.Ls...tLEGAL Y: ' DEPUTY CORPORATION COUNSEL COUNT/Y OF HAWAII C ClL AIRMAN Date `l/L~99 _T CO CLERK Approved/Aiea~+eWed this ~ d~+l' o f l9 F ~ BiIINo.: 13 (Draft 2) AYOR, COU ' YOFHAWAI! Reference: C-45.01/PC-9 ' Ord. No.: