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Home My WebLink AboutORD 2003-115 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. i 15 (Draft 2) ORDINANCE NO ~`3 115 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 THF, COUNTY OF HAWAI` L 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 1,39235 feet East and running by azimuths measured clockwise from True South: 1. 151° 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 l.,ot 78-A of Lono Kona Subdivision to a point; -1- 3. 331 ° 59' 62.50 feet along Lot 108 of Lono Kona Subdivision (File Plan 769) to a point; 4. 61 ° 59' 120.00 feet along Lot 81 of Lono 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. ]n accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; 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 commitmenC 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 -2- include securing Final Plan Approval from the Planning Director in accordance with the 'Coning Code. Plans shall identify proposed 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-ot=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 Departments Rule 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 Certiticate 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 he constructed, meeting with the approval of the Department of -3- Public Works, prior to the issuance of a Certificate of Occupancy for any portion of the proposed development. 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 band and Natural Resources -State Historic Preservation Division (DLNR-SI [PD) 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. "I'he 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 -4- the Unified Impact Fees Ordinance. M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not he limited to, the status of the development and to what extent the conditions of approval are being complied with. 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 are not required. 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 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 perforntance (i.e., a condition to be performed within one year may be extended for up to one additional year). -5- 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. O. Should any of the conditions not be met or substantially complied within a timely fashion, the Planning Director may initiate rezoning of the subject area 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 13Y: 2~~ CO CIL MEMBER, COUNTY OF HAWAII Hilo , Hawaii Date of Introduction: July 23, 2003 Date of 1st Reading: July 23, 2003 Uate of 2nd Reading: August 6 2003 Effective Date: August 14, 2003 -6- CG-20 N -7. CG-20 Qp ~ ~ CC,-20 h/~ ~-7.~5 ddh4jh A-Sa W d CG-20 ~ ~ - S CG20 \ \ p~5~ -p ' ~ w li, ~I ~ ? GG-20 ~ P~~~C~ ~ ~ i ~ ~ ~ A-5a \ ~ u~ V- x.25 ,ZO ~ r ~ ' ~~V~ - o ~ u~ ~I 0 G~'~ - - ~ ~O ' aA ~ ~ is f P cd ~ ~ ~ 3 I Va.75 G~ \ ~,d-(Oa ~'I 5 V 7F~ ~ s• ~ - y A-Sa G 5 .'Pa ~ ~1 ~ 9~. - ~139T:35E V"~ RM I Ws ~ Rg37~ RM-i 1' O v-.75 ~ I v-.7s 10 87 ~ TIPLE•F MILY RESIDENTIAL ~ i ~ ~ ~n 7s ,S ~°~~dPd ~ v KAIttlA ~ M~)~ ti ~ v-75 ~ `Q~% d ~ 6~C9MrylERCIAL CV• 5 ~ ~12EJ~1= 7,50.0 SQ. FT. , v-.7s ~ wa 5 ,i',. - ~ v~s~ ~ ~ 1 ~ i A-5a CV-7.5 ~ RD-3.75 1 i tea, 1 L - - - ~ ~ RM-I 1' V 75 V 75 ~Va\a\a` OPEN ~ `s _ CV=7.5 gUd/d/d/ RM-I - Ry \ CV-7.5 ~'~r V-.75 l - _ - CV-7.5 0~ ~ ~~~0 ~w\ ~ oPeN c w-7s v-.75 r V-L25 i9 V-.75 V-1.25 \ ~ - - -la soo zso o aao i,ooo ~soo 2,000 Feel AMENDMENT TO THE ZONING CODE 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 PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-022:040 Date: April 23, 2003 EXHIBIT "A" (Chrystal T. Yamasaki: 1097) OFFICE OF THE COUNTY CLERK County oCHawaii _ Hilo ,Hawaii RE~~ I~?~~ ~~xAFT 2~ ' 03 AUG 18 Pal 2 19 Introduced By: Bobby Jean Leithead-Todd ROLL CALL. VOTE Datelntroduced: July 23, 2003 AYF;S N ~~B~__ First Reading: July 23, 2003 Arakaki X Published: N/A Chung X Elarionoff X REMARKS: _ _ Holschuh X Jacobson X Leithead-Todd X _ Reynolds X Safarik X Tyler X 8 0 1 0 Second Reading: August 6, ?003 To Mayor: Ft~ tAt 7, 2003 ROLL CALL VOTE Returned: /~+1101IRt 18, 2003 AYES NOES ABS EX Effective: August 14, 2003 Arakaki X Published: Serot~ber i, 2003 Chung x Elarionoff X REMARKS: Holschuh X _ _ Jacobson X Reynolds X Safarik X _ Tyler X 7 0 1 0 I DO HEREBY C'F.R'l'IFY /hat the f ~re~orng BILL was' adopted fiy the Coun[y Council puhlished as' indica7ed afiove. APPROVED AS TO FORM AND LEGALITY: ( lam'" ?L~,- 000N~'/L CHA/RMAN DEPUTY CORPORATION COUNSEL ~ COUNTY OF HAWAII Il~d ~ C' 1YCLF.RK Date 115 (Draft 2) (3ill No.: C-257.1!PC-45 Appror c//Disupproved [his__ _ r/uy~ Reference: _ of ~u US+' _ >p 03 Ord No.: _ 03 11 MAYO TYOFfIAW~fI/