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HomeMy WebLinkAboutBIL 093 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. _y~ (Draft 2) ORDINANCE NO. AN ORDINANCL: AMENDING SI~:C"IION 25-8-4 (SOU"I~H KON,1 /ON1~. MAP), ARTICLE 8. CHAPTER 25 (70NlNG ('ODE) OI' ~fHE I IAWAI'1 ('OUNFY CODE. f3Y CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) AND AGRICULTURAL (A-la) TO VILLAGE? COMMERCIAL (CV-10) A'(~ KALUKALU 1~~, SOUTH KONA. HAWAII. COVFRf~:D BY TAX MAP kEY A-1 ?:PORTION OF 40. BE I~I~ ORDAINED RY'll1[~, COUNCIL OF'I~IIE COl ~N'fY OF ?IAWAI'l: SEC'I~ION 1. Section 25-$-a_ Article R. Chapter 25 (zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classitication of the following area situated at Kalukalu 1". South Kona. I lawai'i, shall be Village Commercial (CV-10): Beginning at the Northwest corner of this parcel of land, being on the East side of Hawaii Belt Road (Mamalahoa Highway). the coordinates of said point of beginning referred to Government Sure ey Triangulation Station "PUU O I TAU" being 650.60 feet South and 11.395.25 tect E?ast and running by ar.imuths measured clockwise from True South: 1. 262° 56' 00" 541.06 feet along Lot I I~fMK: (3) R-1-03:58) to a point; 2. 309° 00' S2" 69.87 feet along the remainder of Lot 1 (Parcel d0) to a point: 3. 344° OS' 00" 51.14 feet along'I~MK: ((3) R-I-02:67 (County of Hawaii) to a point 4. 81° 16' 23" 100.90 feet along "fMh: 8-1-02:38 (Konawaena High School) to a point: 343" IS OS" 170.39 feet along "LMK: (3) 8-01-0238 -1- (Konawaena High School) to a point; 6. 73° I I' 01" 104.42 feet along'T'VIK: (3) 8-I-02:39 to a point; 7. 334° 51' 07" 187.01 feet along TMK: (3) X-1-02:39 to a point; Thence. along the Northerly side of Konawaena 1ligh School Road liir the following seven (7) courses: 8. 75° 3d' 20" 115.59 feet to a point: 9. 84° 1 3' 20" 183?R feet to a point: 10. K8° 0T 55" 36.60 feet to a point: 1 I. 96° 3T '6" 20.06 feet to a poinC 12. 1 A7° 10' S 1 " 4.19 feet to a poinC 13. 95" 36' 37" 63.54 feet to a point; 14. 94° 12' 20" 64.95 feet to a point: Thence, along the junction o1' Konawaena I ligh School Road and Mamalahoa I lighway, along a curve to the right having a radius of 42.00 feet. the chord azimuth and distance being: 15. 135° 13' S5" 56?5 feet to a point; Thence, along the Masterly side of Mamalahoa Highway for the following three (3) feet to a point; 16. 17R° 15' S7" 73.39 feet to a point 17. 93° 51' 39" 1.63 feet to a point; 18. 177° 4T dR" 322.39 feet to the point of beginning and containing an area of 5.595 acres. All as shov`n on the map attached hereto_ marked I?xhibit °A" and by reference made a part hereof. SEC110N 2. hi accordance with Section 25-?-44. I~awai'i County Code. the Count_c 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) Fultillme nt of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the staled conditions of approval. B. All uses and structures within the project site shall not exceed the maximum daily water usage as determined and established by the Department of Water Supply. C. Establishment of the proposed development shall be completed within five (5) years from Use effective date of this ordinance. Prior to commencing rcno~ anon and/or construction activities, Final Plan Approval for any structure or use within the project site and it, related improvements shall he secured from the Planning Director in accordance with the Zoning Code. Sections 2~ ?-71 (c)(3). ?5=?-72, 75-?-74 and 35-d-12 within tive (5) }ears from the effective date of this ordinance. Plans shall identify proposed structures. fire protection measures, access roadway(s) and driceway(s)_ parking area(s) and landscaping associated with the proposed development. Landscaping shall also be indicated on the plans - for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. Prior to the issuance of Final Plan Approval, the applicant shall obtain a letter from the State Historic Preservation Division (SIfPD) confirming that proposed activities within the project site will have "no adverse effecC~ upon historic properties. If SHPD will not issue a "no adverse eftecf~ letter prior to Final Plan npproval, die applicant shall prepare an archaeological inventory report and mitigation and preservation plan for approval by the Planning Director, in consultation with SHPD. L. Should development of the project site not constitute a visitors center that is substantiall~~ similar to representations made within the change of cone application. a revised lYaflic Impact Analysis Report ("LIAR) (br the proposed development shall be prepared and submitted ~br the review and approval of the Department of Public Works, prior to the submittal of plans for Plan ilppro~al Review. 1~hc revised HAR shall consider the nature and extent of the proposed uses of the property as provided for by the Zoning Code and as determined by the Planning Director. P. Should development of the project site not constitute a ~~isitors' center that is substantialh similar to representations made within the change of zone application, including the establishment of additional or neti uses and structures_ the applicant shall suhmit plans and water demand calculations to the Department of Water Supply for rep iew and its approval, prior to the submittal of plans ibr Plan Approval RevicN. G. A flood study of the project site shall be prepared and submitted Ibr review and G. A flood study of the project site shall be prepared and submitted for review and approval to the Department of Public Works prior to submittal of plans for Ylan Approval review. If required by the Department of Public Works, the applicant shall submit to the Federal Emergency Management Agency (FEMA) a Letter of Map Change prior to the issuance of a Certificate of Occupancy for any portion of the proposed commercial development. The applicant shall comply with applicable flood zone regulations for structures in flood zones. 1 L A drainage study of the subject property shall be prepared and submitted for review and approval to the Department of Public Works prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Pinal Plan Approval. I. Driveway connections from the project site to the Mamalahoa Highway and Konawaena School Road shall meet with the approval of the Department of Public Works. Access to or from the Mamalahoa Highway shall be limited to right-turn movements only unless modified with the approval of the Department of Public Works. The applicant shall also provide any traffic improvements that may be deemed necessary by the Department of Public Works after review of a revised'Traflic Impact Analysis Report (LIAR) that is required under Condition E, prior to the issuance of a Certificate of Occupancy for airy commercial use on the project site. .I. The project site's frontage with Mamalahoa I Iighway and Konawaena School Road shall be improved with pavement widening and transitions with curb, gutter, sidewalk, drainage improvements and any relocation of utilities in a manner meeting with the approval of the Department of Public Works. "Chew roadway improvements shall be completed pursuant to a schedule meeting with the -5- K. Should subdivision of the 5.595-acre project site be contemplated. direct access from the proposed individual lots to the Mamalahoa Highway shall be prohibited. L. fhe applicant shall submit a Solid Wustc Management Plan for the development to the Department of Environmental Management for its review and approval. A copy of the approved Plan shall be submitted to the Planning Department prior to the issuance of Einal Plan Approval. M. Residential uses established within the 5.595-acre project site shall not exceed a maximum permitted density of 16 residential units. N. Shuuld 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 I Iistoric Preservation Division (DI,NR-1IPD) shall he immediately notified. Subsequent work shall proceed upon an archaeological clearance ti~om the ULNR-HPD when it finds that sufficient mitigative measures have been taken. O. Comply with all applicable laws, rules, regulations and requirements of the affected agencies for approval of the proposed development within the subject property. P. Should the ('ouncil adopt a Unitied 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 l inified Impact Fees Ordinance. -6- Q. nn annual progress report shall he submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. "The report shall include, but not be limited tu, the status of the development and to what extent the conditions of approval arc 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 arc not required. R. An initial extaision of time for the performance of conditions within the ordinance may be grunted by the Planning Director upon the following circumstances: l . The non-performance is the result of conditions that could not have been foreseen or arc beyond the control of the applicant, its successors or assigns. and that arc not the result of their fault ur negligence. 2. Granting of the time extension would not he contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons fur the granting of the change of zone. 4. hhe 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 he extended for up to one additional ycarl. -7- 11 the applicant should require an additional extension of timc_ the Planning Director shall submit the applicanPs request to the County Council for appropriate action. S. Should any of the conditions not be met or substantialh complied with in a timely Cashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion ofthis ordinance is declared invalid, such invalidity shall not affect the oUicr parts ofthis ordinance. SECTION 4. This ordinance shall take effect upon its approval. l ODUCED:4,''[~Y~~~ ~B COUNCIL MI?MBER, COl1NCY OF I IAWAI'I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: I?~fective Date: Fw rE,'_:~~ w: Ccn m: ~1,_ 0~~ -x- cv-z Hdlekii SL zs I ' A-sa N CV-7.5 CV-7 5 CV-7 5 RS-IS I ~ cy t o A-sa w e V~ ~5 ee`ti d c, v " A-zw RS-10 to ~ RS-15 e5.~~ ~ o m ~ Izs s _ A-Sa KS-IO u 3 A-Ia KS-IO = RS I CV-10 A-sa A-I a I SINGLE FAMILY RESIDENTIAL (RS-15) AND Asa w-lo ~ ~ AGRICULTURAL (A-1a) TO A-sa ~ n ~-I s Rs.l s VILLAGE COMMERCIAL CV-10~ A- , , AREA = 5.595 ACRES M la A-la A-2Oa R4~'1~'S A-Sa - A'a ~c_15 RS- I S KS- I 'S 5 A-20a 0~.7 A-la ~-IS ~_j5 650.605 _ 2;-is R='-I' d 11393.25E ~-c as~hop\R "PUU 0 HAU",a. K~~aWaen A-20a A-Sa RS-IS A-Sa RS-IS KS I` Ala RS- 15 ~ A-z Oa Ala A-Sa a m A-7_Oa ~ A-Ia 3 ASa A-5a = D A-Sa M20a A-la A-la A- I i A-Sa n-sa A-sa A_iz A-Sa A-Sa A-IZ A-Sa 1,250 625 0 1,250 2 500 3,750 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) AND AGRICULTURAL (A-1 a) TO VILLAGE COMMERCIAL (CV-10) AT KALUKALU 1st, SOUTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 8-1-002: Por. 040 Date. February 21, 2003 EXHIBIT "A" (Hokukano Ranch, Inc.:1091)