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Home My WebLink AboutBIL 115 Draft 01 2002-2004 BOUNTY OF HAWAII STATE OF HAWAII BILL NO. > >_s ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO VILLAGE COMMERCIAL (CV-7.5) AT HONUAULA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-22:40. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-5, 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 Honuaula, North Kona, Hawaii, shall be Village Commercial (CV-7.5): Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 81 of Lono Kona Subdivision and being a point on the Easterly side of Kalawa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,053.87 feet South and 1,392.35 feet East and running by azimuths measured clockwise from True South: 1. 15 I ° 59' 62.50 feet along the Easterly side of Kalawa Street to a point; Thence, for the next three (3) courses following along the remainder of Grant 3148, Apana 4 to W. P. Leleiohoku: 2. 241 ° 59' 120.00 feet along Lot 78-A of Louo Kona Subdivision to a point; 3. 331 ° 59' 62.50 feet along Lot 108 of Lono Kona Subdivision (File Plan 769) to a point; -1- 4. 61° 59' 120.00 feet along L,ot 81 of L,ono Kona Subdivision to the point of beginning and containing an area of 7,500 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai `i County Code, the Gounty Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfaze; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. Prior to this payment, water calculations with anticipated maximum daily water usage as recommended by a registered engineer shall be submitted to the Department of Water Supply. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed -2- structure(s), fire protection measures, access roadway, driveway and parking stalls. The applicant shall provide adequate off-street parking and a turnaround before entering the County road right-of--way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rulc No. 17 (Landscaping Requirements). D. The applicant shall provide improvements to Kalawa Street fronting the subject property. The applicant shall widen, by 5 feet, and provide full improvements to the entire (as widened) Kalawa Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works. The widened street shall be dedicated without cost to the County of Hawaii prior to the issuance of a Certificate of Occupancy. Install street lights, signs and markings, meeting with the approval of the Department of Public Works, Traffic Division. E. The driveway connection to the subject parcel from Kalawa Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and meet with the approval of the Department of Public Works. Driveways shall conform to County Standards Details. All sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual or AASHTO Guidelines. F. A drainage study shall be prepared, and the recommended drainage system shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy for any portion of the proposed development. -3- G. The applicant shall connect to the existing County sewer lateral meeting with the approval of the Department of Environmental Management prior to the issuance of a certificate of occupancy. H. A Solid Waste Management Plan shall be submitted the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. L All earthwork activity shall conform to Chapter ] 0, Erosion and Sedimentation Control, of the Hawaii County Code. J. 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 -State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development. L. Should the Council adopt a Unified Impact Fees 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 lJnified Impact Fees Ordinance. -4- 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 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 perforn~ed within one year may be extended for up to one additional year). 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 appropt7ate action. N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- 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: CO CIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -6- CG-20 N 9-7~` (:G-?0 QU 7~.5-7.5 CG-?_J d~`3d/1 A-Sa uma w e Rs-zs °Hwy ~3 CG20 A Sa G- SE. s w-z0 ao~a ~o v- i S~• a0~' ~ w ~e°~ p~ ~ s g o ~ s C6-20 "q ~ A-Sa is o v-i.zs GG20 a\a~`g~ pN ~ Kuakini H v~ o V-.7_ - ~ ~ S~• o Cv-7 5 ~ <<_ ~ 'PQ `lad m V/-.75 V-7.5 19 PAS N v--7s c,~" e 5 ° apace c5 ~ v-7s - ~ 9~. ,J'i ~ W RV_3 ~5 O v-~5 '~--75 1,05$.87 ~ p~ RM-i s RM-i 1392.35 E-'j- ~ ga~u^a Rd "KAILUA"~a ~ TIPLE-FAMILY RESIDENTIAL (RM-1) Fti v-_7s ~i GE COMMERCIAL (CV-7~,5) ~ FM.~ AREA = 7,500 SQ. FT. V-.75 Gv=~~ M_A c~ V-.75 ~ ~s RD-3.75 A-Sa CV-7. S a RM-I V-.75 9~a\a` ~ CV-7S H4d/d/ KM- I v-_zv t~~ or°~N ~ d/Rd ~ KM-25 V- 75 ~s CV-7 5 V 75 CV-ZS o ~O W (L5 OPEN d CV-7 5 7• ~,A 25 RS-10 9i;. 9 V- 75 ~Q~, ~ V 125 V-J5 V-I 2S A-la 500 250 D 500 1,000 1,500 2,000 Feei AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, CHAPTER 25 (7.ONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE-FAMILY RESIDENTIAL (RM-1) TO VILLAGE COMMERCIAL (CV-7.5) AT HONUAULA, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-022:040 Date: April 23, 2003 EXHIBIT "A" (Chrystal T. Yamasaki:1097)