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Home My WebLink AboutORD 1999-091 1998-2000 ~4oJ'i~ Oi.~\i~ COUNTY OF HAWAT~ ~ STATE OF HAWAII n. - ~ " BILL NO. 8 (Draft 3) ORDINANCE NO. 99 91 AN ORDINANCE AMENDING ORDINANCE N0.92-51, 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] Thy applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval[;], (B) [the] Tjgi 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 yeaz from the effective date of the zone change. Final Subdivision Approval shall be secured within [twoJ ~ years from the date of receipt of tentative subdivision approval[;], (D) [access] A~~ 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] T,_gh 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 Department of Public Works prior to Final Subdivision Approval of arty further cubdivision of the cubie t property beyond ttlg_pronosed 3-lot subdivision or bonding to ensure that the improvements aze constructed[;], (F) [the] ~l g applicant shall provide drainage improvements as may be required by, and meeting with the approval of, the Department of Public Works[;], (G) [the] ~g 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 voluntarily 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 the goal an olicies of the Housing Element of the C~neral Plan are implemented. the applicant shall comn1y with the requirements of Chanter 11. Article 1. Hawaii Counri Code. relating to Affordable Housine. -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 fmal subdivision approval. A copy of a typically recorded covenant shall be filed with the Planning Departrnent within one yeaz from the date of final subdivision approval;] Rect_rictive covenants in the d ed of all he p~npsed residential lots within the subjgLct proper shall_ prohibit the construction of a second dwellinE unit on each lot. A copy of the p~4pose~ oven ~l to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance Final Subdivision Approval_ A copeapproved covenant(sg) shall be recited in an instrument ea~ecuted by the aQpjic t nd the Counlyfuid recorded with the Rnreau of Conveyances for anyyortion of the subject prop. A copv of the *P orded document shall be filed with the Planning Department upon its receipt from the Bureau of Conve an (,i) [prior] Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County detemune that additional improvements in the project azea 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 shaze of improvements paid or contributed to the project azea shall be credited to any future impact fees[;], (K) [all] Ql1 other applicable laws, Hiles, 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] 0.i1 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], (I~ [an] X11 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 applicants, successors or assigns, and that aze not the result of their fault or negligence; 2) granting of the time extension would not be contrazy 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 yeaz may be extended for up to one additional year); and -4- 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] may initiate rezoning of the azea 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 BY: CI MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 28, 1999 Date of 1st Reading: July 28, 1999 Date of 2nd Reading: August 11, 1999 Effective Date: August 19, 1999 REFERENCE: Comm. 24.002 APPROVED AS TO FORM AND LEGALITY /~~~PrLI~-...~.c CORPORATION COUGGNSEL DATED: ~j~/79 -5- t ~ o ~ A-9. ns-,e Rs rs '0 i ~ C i i ~ A-s. < I I I i iJFi90 ~trtQ~n z~s• ~4' re" ~ ~ssee n ,.s_,e ri q !lICt~LTUR/4t -rp ~Iw~a~. m 0 U tAMiLY RB~JloitrTtA1-. (11~J-10)' + ' ~ ~ IA C t7C1 J a . sis.» ~ t= + rev-,e 0 ~ 00, Y fA A-n. mn A.,. 1411 a ~e, ee~ s+ ~ e~ Ys3sm 3.eas.07 w T ..„ALAI- ® f ~ ~ ' . ws sa rrs.~.s res_~s I MAL6/MI/~? 97-RQST ~ 1 Rs-le , A.I. ns ~a /es.ss j rrs xs I Q 1 srlroe < 0 ~ n Iev-Ie .Al/vn?s~A Ol~rv~ [ AMENDMENT TO THE ZONING CODE AM1~NCtNG SES='7'lON ~5- J14 ~CIT7' OP H1L0 ZONE MAP) ARTIt=Lt= 3, GJ-IAPTER Z5 (ZONING CflD1=) O>= THE HAWAII CflL1NT7' Co17L O7' C!-IANGING T1-tE DISRICT CLAG51FiGAT10N FROM AGIQICiJLTLJIQAL (A-3a) TD EINGLE pAMIL7' RE510ENTIAL (1~5-to) AT WAIAKGA, SOUTH HiLO~ HAWAII. . P1eEPAR1=D py rLANN1NQ Dp}sARTMLsTfT COLJNT7' Cr MAWAtI TMK = x-41-37 = pe}~TtOTY IG p¦88_ t'!. 1~~~ EXHIBIT IIAII (riAIAKL•A Cf•VCt.erMl°NT vr=T1TU4t"~~ OFFICE OF THE COUNTY CLERK County of Hawaii xilo Hawaii LL~' (DRAFT 3) ' ^ L C VOTE co AYES NO A$j~ EX Introduced By: Ms . Leithead-Todd Araks ' : ~ _T1 Date Introduced: July 28, 1999 Chung ~ - `tl''' _ First Reading: July 28, 1999 Elarionoff X Published: N/A Jacobson X T. ~ Leithead-Todd ` t-Pr REti1ARKS: Pisicchio X _ rv Smith Tyler X Yagong X 7 0 2 0 Second Reading: August 11, 1999 ROLL CALL VOTE To Mayor: Ati igl St 13., 1999 AYES NOES ABS EX Returned: August 19. 1999 Arakaki X Effective: August 19, 1999 Chung X Published: SeptanUer 7, 1999 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FOR AND LE~~IjLITY: . D PUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNC/L CHAIRMAN Date CO CLERK Approved/Bd+e¢p'e+~ed thrs ~ 7 day of C~~..~- , /9 s9 BiIINo.: B (Draft 3) aaa^^^""""'"` u YOR, C 1VTl'OFHAWA/I Reference: C-24/PC-37 Ord. No.: 99 A