HomeMy WebLinkAboutCOM 0906.000 1998-2000
OOOM<V OF,
William G. Davis
Stephen K. Yatnashiro Managing Director
Mayor
Henry Cho
•rt'ndDrputy Managing Dbecto>
(nuunfg of pttfunil
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553
KONk 755706 Kuakim F{ighway, Suite 103 * Kailua-Kona, Hawaii 96740
(808) 329-5226 Pax (808) 326-5663
August 22, 2000
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 97 79 (REZ 858)
Applicant: Kamehameha Investment Corporation
(formerly Kamehameha School/Bishop Estate)
Request: Extension of Time to Condition B (Submit SMA
Use Permit Application)
Tax Map Key: 7-8-10:94 (formerly 7-8-10:portion of 2)
Change of Zone Application (REZ 00-006)
Applicant: James C. Clay
Request: RM-1 to CV-10
Tax Map Key: 7-5-18:15
State Land Use Boundary Amendment Application (SLU 00-004)
Request: Agricultural to Urban
Change of Zone Application (REZ 00-005)
Request: A-5a and A-la to RS-10
Applicant: Central Kona Land, LLC
Tax Map Key: 8-1-3:Portions of 34 & 50
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Sincerely,
P phen K. Y S4 hiro
ayor Comm. No, 90~
L080400MAY File No.2
Enclosures p~
cc: Planning Department Ref. Tot
ail/a/# Ref. DateAW 2 s 2000
1Y a
Stephen K Yamashiro
Mayor
K1IIliiifv II ~2itCtT
PLANNING COMMISSION
25 Aupuni Street,Aoom 109 • Hilo, Hawaii %720.4252
(808) %1-8288 • Fax (806) %1-9615
(AUG 2 2 2
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 97 79 (REZ 858)
Applicant: Kamehameha Investment Corporation
(formerly Kamehameha School/Bishop Estate)
Request: Extension of Time to Condition B (Submit SMA Use Permit Application)
Tax Map Key: 7-8-10:94 (formerly 7-8-10:portion of 2)
The Planning Commission, after a duly held public hearing on August 4, 2000, voted to
recommend for your approval the proposed legislative bill to amend Condition B (submit SMA
Use Permit application) of Ordinance No. 97-79, which reclassified approximately 10.375
acres of land from an Unplanned (U) to Village Commercial (CV-7.5) zoned district. The
property is located on the west (makai) side of Kamehameha III Road northeast of the Keauhou
Shopping Center, Kahaluu, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The purpose of this request is to amend the performance requirements of
Ordinance No. 97-79 (REZ 858) to allow the applicant additional time in which to
comply with the conditions of approval.
The inability of the applicant to comply with the requirements of
Condition B of Change of Zone Ordinance No. 97-79 (REZ 858) is the result of
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
conditions which could not have been foreseen or are beyond the control of the
applicant.
In their letter of June 14, 2000 to the Planning Director, the applicant has
stated:
"Pursuant to your letter dated June 30, 1999 and instruction from your
staff of even date, on behalf of applicant Kamehameha Investment Corporation
(KIC), this will request a five-year extension of time in which to comply with
Condition B of Ordinance 97-79; more specifically, an extension of time from
June 9, 2000 through June 8, 2005, in which to submit an SMA Use Permit
application for the proposed commercial development.
"As you are aware, Applicant is undergoing reorganization of its
corporate structure, and, as a result, approval of plans for new developments,
such as the commercial complex contemplated for the subject property, has been
further delayed as an unforeseen circumstance. However, Applicant
respectfully submits that the granting of a five-year time extension for submittal
of the subject SMA Use Permit application would not be contrary to the General
Plan or Zoning Code, or the original reasons for granting of rezoning of the
subject property."
Approval of this amendment request would not be contrary to the General Plan
nor would it be contrary to the original reasons for granting the change of zone. The
applicant has continually worked to secure the necessary approvals from the various
departments for the required improvements within the project site. The applicant has
either complied with, or initiated the process of compliance with other conditions of
approval within the subject ordinance.
Therefore, it is recommended that the request to amend Condition B in which to
submit a Special Management Area (SMA) Use Permit application for the proposed
commercial development within five (5) years from this amendment be granted.
Based on the foregoing recommendation, the performance requirement for
Condition D would not be reasonable. Therefore, it is further recommended that
Condition D be also amended to state that construction of the proposal be completed
within 5 years from the effective date of the SMA Use Permit.
• •. y.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
For your favorable consideration, an amendment to Ordinance No. 97 -79 is transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely,
/ecitt9dE $4,
Richard B. Baker, Jr., Chairman
Planning Commission
Lkicrez858N2PC
Enclosures
cc: Steven S. C. Lim, Esq.
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director /DOT- Highways, Honolulu
MamehOlemm-07\I8\00
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KAMEHAMEHA INVESTMENT CORPORATION
AMENDMENT TO CONDITION B (SUBMIT SMA USE PERMIT APPLICATION)
CHANGE OF ZONE ORDINANCE NO 97 79 (REZ 858)
KAMEHAMEHA INVESTMENT CORPORATION, has submitted a request to
amend Condition B (submit SMA Use Permit application) of Ordinance No. 97-79 (REZ 858),
which reclassified approximately 10.375 acres of land from Unplanned (U) to Village
Commercial (CV-7.5) zoned district. The properties are located on the west (makai) side of
Kamehameha III Road northeast of the Keauhou Shopping Center, Kahalu'u, North Kona,
Hawaii, TMK: 7-8-10:94 (formerly portion of 2).
GENERAL INFORMATION
1. Land Ownership: Kamehameha Investment Corporation is the owner of the subject
property.
RELATED INFORMATIO.?i
1 June 9, 1997: Ordinance No. 97 79 was approved by the County Council which
changed the district classification from Unplanned to Village Commercial (CV-7.5).
The purpose of the change of zone was to construct an office complex which would tie
in with the existing Keauhou Shopping Village. Ordinance No. 97-79 was approved
subject to the following condition:
"B. an SMA Use Permit application for the proposed development within the subject
property shall be submitted to the Planning Department within one year from
the effective date of the change of zone. "
3. September 23, 1998: Planning Director grants an administrative extension of time
until June 9, 1999 to comply with Condition B.
4. June 30, 1999: Planning Director grants an administrative extension of time until
June 9, 2000 to comply with Condition B.
5. July 9, 1999: Final Subdivision approval (Subdivision No, 7140) was granted by the
Planning Director for the creation of 2 lots (361.247 acres and 10.375 acres).
APPLICANT'S REQUEST
6. Request: The applicant is requesting a five-year extension of time until June 8, 2005
in which to comply with Condition B of Ordinance 97-79.
REASON'S FOR THE REQUEST
7. Objectives: The applicant provided the following by letter dated June 14, 2000:
"As you are aware, Applicant is undergoing reorganization of its corporate structure,
and as a result, approval of plans for new developments, such as the commercial
complex contemplated for the subject property, has been further delayed as an
unforeseen circumstance. However, Applicant respectfully submits that the granting of
a five-year time extension for submittal of the subject SMA Use Permit application
would not be contrary to the General Plan or Zoning Code, or the original reasons for
granting of rezoning of the subject property."
8. Supportive Information: The applicant has submitted the following in support of the
request: (See Exhibit A - Letter dated June 14, 2000).
STATE AND COUNTY PLANS
9. SLU: Urban.
10. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Transportation,
objectives and policies.
it. General Plan Consistency: Economic, Environmental Quality, Flood Control and
Drainage, Public Utilities, Transportation, Land Use and Residential elements' goals,
policies and courses of action for North Kona.
12. General Plan LUPAG Map: The General Plan document identifies the Keauhou-Kona
area as a major resort destination. The General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designates the subject area for Urban Expansion and Low
Density Urban uses. Urban Expansion allows for a mix of high density, medium
density, low density, industrial and/or open designations in areas where new
settlements may be desirable, but where the specific settlement pattern and mix of uses
have not yet been determined. Within areas designated for development as resorts,
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portions of the resort area may be included in the urban expansion area. The Low
Density Urban uses designation refers to single family residential in character, ancillary
community and public uses and convenience type commercial uses.
13. Kona Regional Plan: The Kona Regional Plan recommends a residential density of 18
units per acre (RES-18).
14. County Zoning: Village Commercial - 7,500 square feet (CV-7.5)
15. SMA: The subject property is situated within the Special Management Area (SMA).
As required by Condition B of Ordinance No. 97-79, a SMA Use Permit is required
for the proposed development.
16. Chapter 343, Hawaii Revised Statutes (HRS): The subject property is located within
the Kahalu'u Historic District, therefore compliance with Chapter 343, HRS, is required
in conjunction with the Special Management Area (SMA) Application and prior to
development of the property.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
17. Subject Property: The subject property is presently vacant of any uses and is an
irregular-shaped lot of approximately 10.375 acres. The property has gentle to steep
slopes.
18. Flora: According to the applicant, plant species are common, mostly alien, species,
such as koa-haole, Christmas berry, monkey pod, opiuma, morning glory, Maiapilo
and pluchea. There are no threatened or endangered species on the subject property.
19. Fauna: According to the applicant no native land birds or seabirds were recorded.
Species observed include the Japanese White-Eye, Yellow-Billed Cardinal, Zebra
Dove, Common Myna, House Sparrow, and House Finch. No endangered species
were observed. No forest bird species are associated with these areas because of the
low elevation. Mongoose, mice, rat, feral dogs and cats were observed.
20. Archaeological: In a previous reconnaissance survey conducted by Hammatt and Folk,
in 1980, three archaeological sites were found within the project site: a foot trail (Site
No. 4618) 1.5 feet wide running roughly east to west; a planting area (Site 4631) and
a larger planting are (Site No, 4632). The sites were assessed to have minimal
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research value and only additional photographing was recommended. The more recent
Tomonari-Tuggle Study in 1985, reveals no evidence of additional archaeological sites
within the property. The study recommends further data recovery work be carried out
prior to any development activities.
21. A historic preserve has been designated on the Keauhou Master Plan adjacent and to
the north of the affected commercial development. The historic preserve contains the
Ohia cave complex as well as other archaeological features. No timetable for the
implementation of this historic preserve has been required or proposed.
22. U.S.D.A. Soil Type: The soils are classified as Aa lava flows (rLV) series. The Aa
lava flows (rLV) soil is essentially A'a lava which generally consists of rough and
broken masses of clinkery lava, with practically no soil covering. Surface water
percolates readily though the rough and broken lava.
23. ALISH Map: Agricultural Lands of Importance to the State of Hawaii (ALISH) have
classified the subject property as "Other Important Agricultural Land".
24. FIRM: Zone "X", areas determined to be outside the 500-year flood plain.
25. Land Study Bureau: The mauka portion of the property is classified as "E" or "Very
Poor."
26. Recreational/Visual Resources: The property is located mauka of Alii Drive
approximately 1,500 feet from the shoreline and over 2,000 feet from Kuakini
Highway. There is no visual impact to the ocean from Kuakini Highway due to the
topographical nature of the project site and design standards. The proposed
development will not adversely impact any recreational or visual resources to the
shoreline and coastal ecosystems.
27. Air and Noise Quality: There are no air quality monitoring stations in the West
Hawaii Region. The existing noise generated in the area is coming from the noise from
Alit Drive, Kamehameha III Road and Kuakini Highway traffic. The principal source
of short-term air quality impacts associated with the construction of the proposed
improvements, is expected during construction. Given the limited nature of the
improvements, no long-term air and noise quality impacts are anticipated.
-4-
28. Scenic and Open Space Resources: The proposed development will not severely
interfere with the coastal view plane. The subject property is not located within an
area recognized by the General Plan as an example of natural beauty. Therefore, the
proposed development will adversely impact any recreational or visual resources to the
shoreline and coastal ecosystems.
29. Surrounding Zoning/Land Uses: The proposed development is adjacent to the
Keauhou Shopping Center, which contains 72,000 square feet of gross floor area. The
proposed development would not impact the immediate adjacent properties as lands to
the south are the 135-lot Keauhou Estates (RS-15), 58-unit The Villas (RM-3.5), and
29-unit Hale Kehau condominiums (RM-3); and to the west are lands zoned RS-7.5,
RM-1, RM-3, V-4. To the north and southwest are lands zoned for single family
residential. Land uses in the area include the Keauhou Estates, Hillhaven Medical Care
facility, golf course and condominiums across Kamehameha III Road.
PUBLIC FACILITIES A 1TI ITI .8
30. Access: Access to the property will be from Kamehameha III Road, which is a County
road having a 100-foot wide right-of-way.
31. Water: Water is available to the project site.
32. Wastewater: The Heeia Waste Water Treatment Plant (HWWTP) which is owned by
the applicant, will service the project. Wastewater disposal system will meet with
requirements of the Department of Health and/or the Department of Public Works.
33. Electrical/Telephone: Electrical service is available to the property from Hawaii
Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel.
34. Police/Fire/Medical: Police services are provided by the County of Hawaii from its
Kealakehe, Kailua-Kona and Captain Cook stations. In March 1997, the applicant
completed construction of the new Keauhou-Kona Fire Station located at the corner of
Kuakini Highway and Puuloa Road. Fire protection is also provided by the County of
Hawaii from its Kailua-Kona, Kealakehe, Keauhou and Captain Cook stations.
Emergency medical and paramedical services are also provided by the Hawaii County
Fire Department. Kona Hospital is located at Kealakekua.
-5-
35. Other essential utilities and services are or will be made available to the property.
AGENCIES' COMMENTS,
36. Department of Public Works (July 20, 2000 Memo):
"We have reviewed the subject application and have no coments (sic) on or objections
to the request for a time extension to comply with Condition B."
37. Police Department (June 29, 2000 Memo):
"Staff has reviewed the above-referenced amendment and has no comments or
objections to offer at this time."
38. Fire Department (July 12, 2000 Memo):
"We have no comments regarding the above-referenced Change of Zone Ordinance."
AGENCIES -NO RESPONSE
39. Department of Water Supply, Real Property Tax Office, Department of Health,
and Department of Transportation
PUBLIC COMMENTS
40. The Department has not received any written comments or objections from the general
public or adjacent landowners on the subject request.
-6-
CARLSMITH BALL
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
' ~ v aV
121 WAIANUENUE AVENUE
P.O. Box 686
HILO, HAWAII 96721.0686
TELEPHONE (808) 935-6644 FAX (808) 935.7975
W W W.CAP,LSMITH.COM
June 14, 2000
BY HAND DELIVERY
Virginia Goldstein
Planning Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Attention: Susan Gagorik
Re: Change of Zone Ordinance 97-79 (REZ 858)
Applicant: Kamehameha Investment Corporation
Subject: Time Extension to Comply with Condition B of Ordinance 97-79
Tax Mau Key: 7-8-10:94 (formerly 7-8-1 ftortion of 02)
Dear Ms. Goldstein:
Pursuant to your letter dated June 30, 1999 and instruction from your staff of even
date, on behalf of applicant Kamehameha Investment Corporation (KIC), this will request a five-
year extension of time in which to comply with Condition B of Ordinance 97-79; more
specifically, an extension of time from June 9, 2000 through June 8, 2005, in which to submit an
SMA Use Permit application for the proposed commercial development.
As you are aware, Applicant is undergoing reorganization of its corporate
structure, and, as a result, approval of plans for new developments, such as the commercial
complex contemplated for the subject property, has been further delayed as an unforeseen
circumstance. However, Applicant respectfully submits that the granting of a five-year time
extension for submittal of the subject SMA Use Permit application would not be contrary to the
General Plan or Zoning Code, or the original reasons for granting of rezoning of the subject
property EXHIBIT
It,
HONOLULU KAFOIEi - HILO - KONA MAUI G AR SATAN LOS ANGELES WASHINGTON. DC. - MIMCO
BY HAND
Virginia Goldstein
Planning Director
June 14, 2000
Page 2
To that end, enclosed please find an original and 15 copies of this letter request.
Filing fees in the amount of $250.00 were transmitted under cover of letter dated June 9, 2000,
This will confirm that we will serve notice regarding this extension request to
landowners within a 300-foot perimeter of the subject property within ten days of this submittal,
and that upon service of said notice, we will file an Affidavit of Mailing with your agency.
Pursuant to further instruction from Planning Department staff, we will also be
submitting documentation clarifying ownership of the property by successor applicant
Kamehameha Investment Corporation.
Please do not hesitate to contact me at 935-6644, should you have any questions
or require additional information. Thank you for your kind assistance.
Very truly yours,
CARLSMITHhH BALL
t~t~. PX '
Steven S. C. Lim
SSL:JEC
xc: Louis Kau
Joe Spencer
John Rocha
2012725.1.037756-7
COUNTY OF HAWAII ;-;.:STATE OF HAWAII
BILL N(~ra9-7if2}--
OttDINANCE NO. 97 79
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO VILLAGE COMMERCIAL KON 7CV-7.5 10:PORTION) AT A 2FORMERLY OA, HAWAII, COVERED BY TAX MAP KEY RTION OF 4).
BE IT ORDAINED BY THE COUNCIL OF THE CCUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, 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 Kahaluu, North Kona,
Hawaii, shall be Village Commercial (CV-7.5):
Beginning at the South comer of this parcel of land, on the Westerly side of Kamehameha
III Road, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KEAUHOU COAST" being 6,933.27 feet North and 2,151.99 feet
East, thence running by azimuths measured clockwise from True South:
1. 1270 00' 25" 549.15 feet along the remainder of R.P. 6856, L.C.
Aw. 7713, Apana 6 to V. Kamamalu;
2. 2210 43' 144.00 feet along the remainder of R.P. 6856, L.C.
Aw. 7713, Apana 6 to V. Kamamalu;
3. 1800 00' 245.00 feet along the remainder of R.P. 6856, L.C.
Aw. 7713, Apana 6 to V. Kamamalu;
4. 2530 32' 200.00 feet along the remainder of R.P. 6856, L.C.
Aw. 7713, Apana 6 to V. Kamamalu;
5. 211* 03' 194.00 feet along the remainder of R.P. 6856, L.C.
Aw. 7713, Apana 6 to V. Kamamalu;
6. 270° 00' 404.92 feet along the remainder of R.P. 6856, L.C.
Aw. 7713, Apana 6 to V. Kamamalu;
7. 353° 17' 40.58 feet along the Westerly side of Kamehameha
III Road;
& 9' 17' 393.00 feet along the Westerly side of Kamehameha
III Road;
9. Thence along the Westerly side of Kamehameha III
Road, on a curve to the right with a radius of
450.00 feet, the chord azimuth and distance
being:
230 08'42.5" 215.62 feet;
10. 37° 00' 25" 350.00 feet along the Westerly side of Kamehameha
III Road to the point of beginning and
containing an Area of 10.375 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, successors, or assigns shall comply with all of the stated
conditions of approval;
(13) an SMA Use Permit application for the proposed development within the
subject property shall be submitted to the Planning Department within one
year from the effective date of the change of zone;
(C) the required water commitment payment shall be submitted to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within 90 days of the effective date of the change of zone
ordinance; _
(D) Construction of the commercial office building shall be completed within five
years from the effective date of this change of zone ordinance, which shall
include securing Final Plan Approval for the proposed commercial office
building from the Planning Director. Plans shall identify structures, fire
protection measures, landscaping and maintenance plan, paved parking stalls
and driveway and other improvements associated with the proposed uses;
(E) access to the subject property shall meet with the approval of the Department
of Public Works. The applicant shall design and construct the interior
driveway and circulation improvements to interconnect with the existing
adjoining commercial properties south of the subject property, meeting with
the approval of the Department of Public Works. The applicant shall establish
2
and record deed covenants for the subject property and the adjoining
properties owned by the applicant which covenants shall assure that the
interconn,_,wd driveway and circulation improvements are maintain.{ „nd
kept open during the regular business hours of the interconnected properties.
All roadway improvements shall be constructed meeting with the approval of
the Department of Public Works prior to the establishment of any new use or
the issuance of a certificate of occupancy for any portion of the proposed
development within the subject property;
(F) curbs, gutters and sidewalks shall be constructed along the fronta;e of the
subject property on Kamehameha III Road meeting with the approval of the
Department of Public Works. These improvements shall be completed prior
to issuance of a certificate of occupancy for any portion of the commercial
development within the subject property;
(G) a drainage system shall be installed meeting with the approval of the
Department of Public Works;
(H) the applicant shall prepare a Solid Waste Management Plan prior to securing
Final Plan Approval for the proposed development within the subject property
meeting with the approval of the Department of Public Works;
(I) the applicant shall connect to it existing sewage treatment plant near Heeia
Bay meeting with the requirements of the appropriate agency;
(,n two copies of an archaeological data recovery plan shall be submitted for
review and approval to the Planning Director in consultation with the
Department of Land and Natural Resources-Historic Preservation Division
prior to submitting plans for plan approval. Appropriate mitigation measures
shall be implemented prior to land alterations of the subject property;
(K) should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walks
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
3
archaeological clearance from the DLNR-BPD when it finds that sufficient
mitigative measures have been taken;
(L) comply with all other applicable laws, rules, regulations and requirements;
(M) 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 shall be credited towards the requirements of the Unified
Impact Fees Ordinance;
(N) an 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 and the Planning Director
acknowledges that further reports are not required;
(O) an 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 permit;
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); and
4
P. Further, should any of the conditions not be met or substantially complied
with in a timely fashion, the Director shall initiate rezoning of the subject
property to its original or more appropriate designati,)n.
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:
lQ
rga~
C CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 6,. 1991
Date of 1st Reading: March 6, 1991
Date of 2nd Reading: May 20, 1997
Effective Date: June 9, 1997
APPR VED AS TO FORM LEGALITY
Z-
DEPUTY CORPORATION COUNSEL
DATED:
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AMENDMENT TO THE ZONING CODE
ANI aN0 INa SCCTI 2S -S (NORTH KONA Z>ON
MAP) ARTICLE B, CHAJ°Ttf 25 (ZONING COOL -)
OF Tt HAI^IAII CO UNTY CODC By. CHP N1SING
THC O1 ST 1 1CT C .AS51F1CATtON FRON1 UN-
p LAN Nt=D (u) TO ViLLAGC- CoMM C- R ClAL (CV -75)
AT £ AHALUU, NORTN KO NA 1 HAYVAII-
PRC PARoo oy : PLANNING ID =PA RTMC -NT
CoLJNTY of HAWA
TMK: 7 PORTION OF 2 (FORMERLY PORTION OF 4) MAY 5, 1 997
—
• •1 4 .
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
ROLL CALL VO FE
Introduced By: Takashi Domingo
Date Introduced: March 6 , 1991 AYES NOES ABS E`
First Reading: March 6, 1991 ARnKAKI X
Published: DE LIMA X
DOMINGO X
REMARKS: HALE X
Approve & adopt Bill on first reading & KOKUBUN X
refer to PC - 3/6/91 LAI X
MAKUAKANE X
RUDDLE X
SCHUTTE X
8 0 1 0
Second Reading: May 20, 1997 (DRAFT 2) ROLL CALL VOTE
To Mayor N/A
Returned: N/A AYES NOES ABS EX
Effective: N/A ARAKAKI X
Published: N/A CHUNG x
iF )-ICLD X
REMARKS: ,gay X
05/20/97 - Defer to next Council meeting for Imams X
a third reading vote, due to length between SANtANGFrn X
1st and 2nd reading, and new Councilmanbers. TYLER X
TYLER X
YAGONG X
U 0 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above.
COUNCIL CHAIRMAN
COUNTY CLERK
Approved/ Disapproved this day
of 19
MAYOR, COUNTY OF HAWAII Bill No.: 391 (Draft 2 )
Reference: C - 254 .01/2257/1991/PC -51
Ord. No.:
OFFICE OF THE COUNTY CLERK
Countv of Hawaii
Hilo Hawaii _
Fr Uti ROLL CALL VOTE
CC 'AYES'. ; NOES ABS EX
Introduced By:
Date Introduced: w
First Reading: Chun
Published: Leithead-Todd
Ray
REMARKS: Reynolds
Santangelo
Smith
Tyler
Ya on
Thixd ROLL CALL VOTE
EXXXKReading: June 2, 1997
To Mayor: June 3, 1997 AYES NOES ABS EX
Returned: June 9, 1997 Arakaki X
Effective: June 9, 1997 Chung X
Published: June 17, 1997 Leithead-Todd X
Ray X
REMARKS. Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
8 0 -1 0
1 DO HEREBY CEIj P` Ghat the foref&ng BILL was adopted by the County Council and published as
indicated above. sA~Y O vv
F-O ANQ/ LEG Y.
DEPUTY CORPORATION COUNSEL_
COUNTY OF HAWAII
Date 6 /yf f 7
A
pproved.l&is grog ed this `7 day C ?UNCILHAIRMAN~i /
9f 19 ~l 7
COUNTY CLERK
MAYOR. COUNTI'OF.HAWAII Bill No.: 391 (Draft 2 )
Reference: C-254.01/2257/1991/PC-51
Ord. No.: 97 79
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
For your favorable consideration, an amendment to Ordinance No. 97-79 is transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely, R B
Richard B. Baker, Jr., Chairman
Planning Commission
Lkierez858#2PC
Enclosures
cc: Steven S. C. Lim, Esq.
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu