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Home My WebLink AboutBIL 311 Draft 02 1996-1998r'9 COUNTY OF HAWAII6 STATE OF HAWAII o� BILL NO. 311 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -la) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-17:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Olaa, Puna, Hawaii, shall be Single Family Residential (RS -10): Beginning at the northwest comer of this parcel of land, being the east comer of Lot 1 I -A (portion of Grant 3978 to L. Turner) and on the south side of South Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 271.71 feet South and 814.58 feet West, thence tinning by azimuths measured clockwise from True South: 1. 274° 45' 626.58 2. 40 45' 130.65 feet along South Road; feet along the remainder of a Portion of Lot 10; 3. Thence along the remainder of a portion of Lot 10, along a curve to the right with a radius of 525.00 feet, the chord azimuth and distance being: 140 02' 30" 169.53 feet; 4. 230 20' 272.26 5. 1130 20' 673.09 feet along the remainder of a Portion of Lot 10; feet along same; 6. 2040 56' 04" 363.87 feet along Lot I 1-A (portion of Grant 3978 to L. Turner) to the point of beginning and containing an area of 7.084 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its 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 (90) days from the effective date of this change of zone ordinance. C. [The applicant shall comply with applicable requirements of Ordinance No. 98-1, Affordable Housing Policy for the County of Hawaii.] To ensure chat the goals policies of the Hou_ ing El r of the Geral plan are implemented- the applicant shall comply with the req irrmenrc of Chanter 11. Article 1 Hawaii County Code relating to Affordable Housing D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Prior to securing Final Subdivision Approval, the applicant shall work with and coordinate completion of applicable roadway improvements to the Hawaii BellSouth Road intersection, to South Road and interior subdivision access roads, with Kapoho Properties (Kurtistown Heights Subdivision), -2- TMK: 1-17-7:3, Change of Zone Ordinance No. 92-123, as amended by Ordinance No. 97-65, more specifically, Conditions C, D and E. Drainage improvements, if required, shall be provided in a manner meeting with the approval of the Department of Public Works, prior to securing Final Subdivision Approval of the proposed development; G. 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 a typically recorded covenant shall be filed with the Planning Department within one year from the date of final subdivision approval; H. Should any retrains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of subdivision plans. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property; including the Departments of Transportation, Health, Public Works and Water. -3- K. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. contribution • . ...�. . and pay2ble. ..l . . -. . sLc..n-. sjjbdMq6on, .u- n.u- �.- .69f. M. ...• • . i wn .. .. . .. . a fortriof director in County Council, cash,... consultation The fair facilities or am combFnnt*on with the afkad ;Lgencocs share contribution thereof shall be shall have a acrcptable. �- detclmined by maxFmum Qombin value of $7.239.16 per single- nmily residential unit, Based upon applicant's the indicated representation total of of intent to dcYtIop ..re contribuiiQn up to EOM is $289,566.40 (40) residential units fQr 56ngle-famil residential. proportion However . the actual et the• ammult number of unilS. forth in this Condimn shallbe Wcreasgd. . .• to the 1. The fair -d uced in ralguladon ... sham CQmributio shall be allocated $139.634.00 as follows� •St 85 .: nglt-family residenlial• the County to support ,. park ,n. rrrn,.aliQnaL in&cald .. to improvemQUIS 1.1 • 1' • 1\ • ..•• .• 1 "n'1 beginning 1 - nfter the effectiyc date of the 1.1" of zor,based •1 1.1•' 1 the HoliQlulu Constimer11'. 1 JjCUpf paying the contributioI 1'.1. .1 11 •. 11 1 �1. 1 1 1 11 11 - 11 - 1 Iand 11 11 1 11 •1• 1.1 II1. -1 by the 1111od devg-,Igpment, suMvpt1 the approval I the dorector, I 1 1 1' 11 1111. 1' 1' 111 ro 1 111 11 1� the 129rccutage faqr shal' - 1 1 1 1 1 • 11 The cQst1 I: I -1 1 1 1'sllmpE -1 I CgadkiaalLlLfoLlgad_gud_t[afflLi=ovemenor12grpQses 1111 1' 111 11 1 11. 1 11 contributcd1 1- 1111 -11'1 11 Il il- 1 1 1-r share11 1 11 hall .11 I 1 1 1- 1 p11 11 11 . 1 1. 11 11 -1 C08 of AnY 4sLlb&vfl to revic -5- [L] M.Should the Council adopt a Unified Impact Fee Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. [M] N.An initial 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 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). In [N] O.Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property 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: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1013.01 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 7- A-00. / \\ \ A-20. A -f0. A -f0. -� AGRICULTURAL (A-1 a) ?'0 of 3 EXHIBIT "A' TO SINGLE FAMILY q0 RESIDENTIAL (RS -10) AREA: 7.084 ACRES 271.71 N o A-1. PO A -f0. 814.58 W q0 A -f0. 'OLAA A c A -l. A -f0. Vh crew Vp/x,0/1 s -fp A-1. 90 u0L0gN0 0 A -I. o -/p A -t0. f0 A -I. t - r /O [f t0 f S 0 A-/. A -I. Rt t A-1 A-/. A -I. A - IO. A-/0. AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODEAGRIC)OF THE ULLTURAL (AA11a) TO AII UNTY CODE, BY CHANGING THE SI SINGLE FAMILY RESIDENTIAL (RS -10) AT OIAA,CT I FICATION II PUNA, HAWAII.. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII Ii. 1998 twrx) WK : 1-7-17: Portion of 3 EXHIBIT "A' Ii. 1998 twrx)