HomeMy WebLinkAboutBIL 311 Draft 01 1996-1998COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 311
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-1 a) 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 corner of
Lot 11-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 running by
azimuths measured clockwise from True South:
1. 2740
45'
626.58
5. 1130
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 11-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.
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
Belt/South Road intersection, to South Road and interior subdivision access
roads, with Kapoho Properties (Kurtistown Heights Subdivision),
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.
-2-
F. 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 remains 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.
L. 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. 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).
-4-
N. 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 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. tnt% —
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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A-10. A-10
K7
III A-10.
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AGRICULTURAL (A-1 a)
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RESIDENTIAL (RS -10)
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AMENDMENT TO THE ZONING CODE
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 -1c) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT OLAA, PUNA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 1-7-17: Portion
_Y.HIBIT -A"
1 t. 1998
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