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HomeMy WebLinkAboutBIL 093 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. (Draft 3) ORDINANCE NO. AN ORDINANCE: AMENDING SEC PION 25-8-4 (SOU"fH KONAI,ONF MAP), AR"hICLE 8, CHAP7~ER 25 (ZONING CODE) OF'CHF, HAWAI'[ COUNTY CODE„ BY ('HANGING THE D[STRIC'f CLASSIFICATION FROM S[NGLE FAMILY RESIDEN IIAL (RS-15) AND AGR[CUL"fURAI. (A-la) FO VIL[.AGH COMMERCIAL (CV-10) AT KALUKALU 1~~. SOUTFI KONA, HAWAII. COVfiRt~.D BY TAX MAP KEY 8-1-2:POR"IION O1~ d0. BE IT OKDA[NF.D BY TUE COUNCIL OF T}IE COON"I~Y OF HAWAII: SEC~ITON I. Section 25-g-d, Article 8, Chapter 25 (Zoning Code) of the I Iawai'i County Code. is amended to change the district classification of property described hereinalter as fbllo~~s: The district classification of the following area situated at Kalukalu 1 South Kona, Hawaii, shall be Village Commercial (CV-10): Beginning at the Northwest corner of this parcel of land, being on the I[ast side of Hawaii Belt Road (Mamalahoa Highway), the coordinates of said point of beginning referred to Government Surrey ~friangulation Station 'PUU O I IAI~" being 650.60 foot South and 11.395.25 feet Fast and running by azimuths measured clockwise from "IYuc South: 1. 262° 56' 00" 541.06 feet along Lot I (TMK: (3) R-1-02:58) to a point; 2. 309° 00' S2" 69.87 feet along the remainder of Lot 1 I Parcel 40) to a point; 3. 344" OS' 00" 51.14 feet along "fMK: ((3) 8-1-02:67 (County of I lawaii) to a point 4. 81° 16' 23" 100.90 feet along TN1K: (3) R-1-02:38 (Konawaena High School) to a point; 5. 343° l5' OS" 170.39 feet along TMK: (3) R-O1-03:38 (Konawacna High School) to a point: 6. 73° 11' 01" 104.42 feet along TMK: (3) B-I-(13:39 to a point; 7. 334° 51' 07" 187.01 feet along "hMK: (3) 8-1-02:39 to a point; Thence. along the Northerly side of Konawacna High School Road 1br the following seven (7) courses: 8. 75° 34' 20" 115.59 feet to a point: 9. 84° 13' 20" 183.28 feet to a point: 10. 88° 0T 55" 36.60 feet to a point: 1 I. 96° 3T 26" 20.06 feet to a point: 12. 187° 10' S 1 " 4.19 feet to a point: 13. 95° 36' 37" 63.54 feet to a point 14. 94° 12' 20" 64.95 feet to a point 'Chence, along the,junction of Konawaena High School Road and Mamalahoa 1 [ighway, along a curve to the right having a radius of 42.00 feet, the chord azimuth and distance being: 15. 135° 13' S5" 5625 feet to a point; Chence, along the Easterly side of Mamalahoa I [ighway for the following three (3) feet to a point: 16. 178° 15' S7" 73.39 feet to a point; 17. 93° 51' 39" 1.63 feet to a point; 18. 177° 47' 48" >22.39 feet to the point of beginning and containing an area of 5.595 acres. 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--~4, Hawai'i County Code, the County Council tinds the following conditions arc: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare: or (2) Reasonably cunceived to fulfill needs directly emanating From the land use proposed with respect to: (A) Protection of the public from the potentially deleterious etlccts of the proposed use, or (F3) Fultillment 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 stated conditions of approval. H. 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 f ice years from the effective date ofthis ordinance. Prior to commencing renovation and/or construction actin ities_ Final Plan Approval for any structure or use v<ithin the project site and its related improvements shall be secured from the Planning Director in accordance with the Zoning Code, Sections 25-3-71 (c)(3), 2i-2-72, 25-2-74 and ~5-4-12 within tive (5) years from the effective date ofthis ordinance. Plans shall identify proposed structures. tiro protection measures. access roadway(s) and driveway(s), parking area(s) and landscaping associated with the proposed development Landscaping shall also be indicated on the plans -3- for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with die requirements of Planning Department's Kulc 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 (SHPD) contirming that proposed activities within the project site will have "no adverse effect" upon historic properties. If SHPD will not issue a "no adverse effecf~ letter prior to I~inal Plan Approval the applicant shall prepare an archaeological inventory report and mitigation and preseiv~ation plan For approval by the Planning Director, in consultation with SHPD. E. Should development of the project site ever be altered to not constitute a visitors' center that is substantially similar to representations made within the chauge of zone application, a revised Traffic Impact Analysis Report ("f1AR) for the proposed development shall be prepared and submitted for the rep ic~i and approval of the Department of Public Works_ prior to the submittal of plans for Plan Approval Revic~~. "fhe revised TZAR shall consider the nature and extent of the proposed uses of the property as provided for by the "Coning Code and as determined by the Planning Director. ~I~he'FIAR shall include recommended improvements to maintain existing levels of service and not worsen the existing traffic conditions. All improvements as estahiished by the approved revised LIAR shall he completed and accepted by the Department of Puhlic Works prior to die issuance of a Certiticate of Occupancy for any commercial use on the project site. F. Should development of the project site ever be altered to not constitute a visitors' center that is substantially similar to representations made within the change of zone application. including the establishment of additional or new uses and structures, the applicant shall submit plans and eater demand calculations to the -I- Department of Water Supply R>r review and its approval, prior to the submittal of plans for Plan Approval Review. (1. 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 Plan Approval review. If required by the Department of Public Works. the applicant shall submit to the Federal Emergency Managemait Agency (F'EMa) a l.ettcr of Map Change prior to the issuance of a Certificate of Occupancy fbr am portion of the proposed commercial development. The applicant shall comply with applicable flood zone regulations for structures in flood zones. H. All development generated runoff shall be disposed of un site and shall not he directed toward any adjacent properties. A drainage study of the subject property shall be prepared and submitted for review and approval to the Department of Public Works prior to the 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 Final Plan Approval . I. Driveway connections from the project site to the Mamalahoa 1 fighwa} 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 onl}~ unless modified with the approval of the Department of Public Works. 'fhe applicant shall also provide any traffic improvements that may he deemed necessary by the Department of Public Works after review ol'a revised Tra(lic Impact analysis Report (fIAR) that is required under Condition E. prior to the issuance of a Certificate of Occupancy for any commercial use on the project site. -5- The project site's frontage with Mamalahoa Highway and Konawaena School Koad shall be improved with pavement widening and transitions wiUi curb. gutter. sidewalk, drainage improvements and any relocation of utilities in a manner meeting with the approval of the Department of Public Works. These roadway improvements shall be completed pursuant to a schedule meeting with the approval of the Department of Public Works and the Planning Department. K. Should subdivision of the 5.595-acre project site he contemplated, direct access from the proposed individual lots to the Mamalahoa Highway shall he prohibited. L. The applicant shall submit a Solid Waste Management Plan for the development to the Department of~ linvironmental Management for its review and approval. A copy of the approved Plan shall be suhmitted to the Planning Department prior to the issuance of final 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. 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 -1 listoric Preservation Division (DLNR-HPD) shall be immediately notified. Subscyuent work shall proceed upon an archaeological clearance tcom the DLNR-1IPD when it finds that sufticient mitigative measures have been ta6en. 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 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 Uniticd Impact Fees Ordinance. Q. An annual progress report shall he submitted to the Planning Director prior to Use anniversary date of enactment of the ordinance. "fhe report shall include, but not he limited to, die status of the development and to what extent the conditions of approval arc being complied with. phis 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. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: l . l~hc non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant. its 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 he performed within one near may he extended for up to one additional year). -7- 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County ('ouncil for appropriate action. S. Should any of the conditions not be met or substantialh~ complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SEC'hION 3. In the event that any portion ofthis ordinance is declared invalid. such invalidity- shall not affect the other parts ofthis ordinance. sEC'ffON 4. 'this ordinance shall take effect upon its approval. INTROD[iCED BY'~ COU ~_fLMEMBERCOUNTYOFI[AWtU'[ . E{awai'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: F?ifective Date: Pte: CF[Nix: Cor..m. 210.5 -A- cv-~ ~ Halekii St. ~ ' A-sa was N cv-~ s w is Rs- i 5-I ~ A-Sa ~ ~ ~ _ ..y-10 W g ~5. fee`!-e o c~ ~ c, ~ A~zoa ~ ~ izs- i s ~ ~ m - ~ a 5a ~m k5- I O v 3 S Ala K5-10 K7-I ~_V IO Asa A- ~ a ~ s SINGLE FAMILY RESIDENTIAL (RS-15) AND nsa `"~_iri AGRICULTURAL (A-1a)TO n n 7a ~ ~ s ~ ~ s VILLAGE COMMERCIAL (CV-10) n_ ~ , AREA = 5.595 ACRES A-ia A-ia A-2oa R`~ 1'' A-5a A-5a RS- 15 KS- 15 'R5_ 1'5 -V 5 A-la A-20a RS-I~ R'V-t 650.605 KgiS t;5~i5 11 395.15E ~ - ~ SohooNRd' "PUU 0 HAU",~_ Ka~aWa¢na A-20a ASa KS- 1 5 A-Sa RS- 15 RS- I'S K.i-17 A-la v A-20a ~ A-la A-Sa ao m A-ZOa 3 A-la ~ A Sn A-sa x ~ - n, sa A ~ a A-20a 4-la A la A-Sa A-Sa A Sa Aba Asa AIa AIa ArSa 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-1a) 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)