HomeMy WebLinkAboutORD 2003-093 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL N0.93
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ORDINANCE NO. 03 9.3
AN ORDINANCE AMENDING SECTION 25-8-4 (SOUGH KONA ZONE MAP), ARTICI,G 8,
CHAPTER 25 ('CONING CODE) OF THE HAWA[`1 COUNTY CODE, BY CHANGING THF,
DISTRICT CLASSIFICATION FROM SINGLF. FAMILY RESIDENTIAL (RS-15) AND
AGRICULTURAL (A-1 a) TO VILLAGE COMMERCIAL (CV-10) AT KALUKAI,U ls.i.
SOUTH KONA, HAWAI`l, COVERED BY TAX MAP KEY 8-1-2:PORTION OF 40.
BF. IT ORDAINF,D BY "FHE COUNCIL OF THE COUNTY OF HAWAI`1:
SECTION 1. Section 25-8-4, Article 8, Chapter 25 ('Coning 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 Kalukalu 1", South
Kona, Hawaii, 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 Survey "triangulation Station "PUU O HAU" being 650.60 feet
South and 1 1,395.25 feet Fast and running by azimuths measured clockwise from True
South:
1. 262° 56' 00" 541.06 feet along Lot 1 ('TMK: (3) 8-1-02:58) to
a point;
2. 309° 00' S2" 69.87 feet along the remainder of Lot 1 (Parcel
40) to a point;
3. 344° OS' 00" 51.14 feet along TMK: ((3) 8-1-02:67 (County
of Hawaii) to a point;
4. 81° 16' 23" 100.90 feet along TMK: (3) 8-1-02:38
(Konawaena High School) to a point;
5. 343° 15' OS" 17039 feet along TMK: (3) 8-O1-02:38
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(Konawaena High School) to a point;
6. 73° I l' Ol" 104.42 feet along TMK: (3) 8-1-0239 to a point;
7. 334° 51' 07" 187.01 feet along TMK: (3) 8-1-02:39 to a point;
Thence, along the Northerly side of
Konawaena High School Road for
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;
11. 96° 3T 26" 20.06 feet to a point;
12. 187° 10' S1" 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;
Thence, along thejunction of
Konawaena High School Road and
Mamalahoa Highway, along a curve
to the right having a radius of 42.00
feet, the chord azimuth and distance
being:
15. 135° 13' S5" 56.25 feet to a point;
Thence, along the Easterly side of
Mamalahoa Highway 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° 4T 48" 322.39 feet to the point of beginning and
containing an area of 5.595 acres.
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All as shown on the map attached hereto. marked Exhibit "A" and by reference
made a part hereon.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may he adverse to the public
health, safety and welnare; 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) 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.
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 he completed within five (5)
years from the effective date of this ordinance. Prior to commencing renovation
and/or construction activities, Final Plan Approval for any structure or use within
the project site and its related improvements shall be secured from the Planning
Director in accordance with the Loning Code, Sections 25-2-71 (c)(3), 25-2-72,
25-2-74 and 25-4-12 within five (5) years nrom the effective date of this
ordinance. Plans shall identify proposed structures, fire 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
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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 (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 Final Plan
Approval, the applicant shall prepare an archaeological inventory report and
mitigation and preservation plan for approval by the Planning Director, in
consultation with SHPD.
F,. Should development of the project site ever he altered to not constitute a visitors'
center that is substantially similar to representations made within the change of
zone application, a revised Traffic Impact Analysis Report (f[AR) for the
proposed development shall be prepared and submitted for the review and
approval of the Department of Public Works, prior to the submittal of plans for
Plan Approval Review. The revised TIAR 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. The TIAR shall include recommended
improvements to maintain existing levels of service and not worsen the existing
traffic conditions. All improvements as established by the approved revised TZAR
shall be completed and accepted by the Department of Public Works prior to the
issuance of a Certificate 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 water demand calculations to the
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Department of Water Supply for review and its approval, prior to the submittal of
plans for Plan Approval Review.
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 Plan
Approval review. If required by the Department of Public Works. the applicant
shall submit to the Federal Emergency Management Agency (FGMA) 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.
H. All development generated runoff shall be disposed of on site and shall not be
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.
L 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 he 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 Traffic Impact Analysis Report ("LIAR) that is required under Condition E,
prior to the issuance of a Certificate of Occupancy for any commercial use on the
project site.
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.T. The project site's frontage with Mamalahoa Highway 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 1
ublic 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 be contemplated, direct access
from the proposed individual lots to the Mamalahoa Highway shall be prohibited.
L. The applicant shall submit a Solid Waste 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 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 -Historic
Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from the DLNR-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.
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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 Unified Impact E''ees
Ordinance.
Q. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment oP the ordinance. The report shall include, but not
be 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.
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:
1. The 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 7.oning 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 pertormance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
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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.
S. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
SEC7~ION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SF,C PION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO INCIL G BER, COUNTY OF HAWAII
Hilo , }fawai`i
Date of Introduction: May 21, 2003
Date of 1st Reading: May 21, 2003
Uate of 2nd Reading: June 4, 2003
Effective Date: Jtme 18, 2003
RtftREtlGE: Comm, 210.5
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Fee(
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_ Dale: February 21. 2003
EXHIBIT "A" IHokukano Ranch, Inc.-1097)
OFFICE OP THE COUNTY CLERK
County of Hawaii
xilo , }{awaii
(DRAFT 3)
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS F.X
Date Introduced: May 21, 2003 Arakaki X
First Reading: May 21, 2003 Clmng X
Published: t1~ N/A F.larionoff X
. , ~ Holschuh X
1 Y C~
REMAI~~~ N~~ Jacobson X
E ~
Leithead-'Todd X
_ Reynolds X
_
O~ _ Safarik X
L~ ~ O~ _ Tyler X
- u 6 - z 1 0
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0
Second Reading: June 4, 2003 ROLL CALL VOTE
To Mayor. June 12. 2003 AYES NOES ABS EX
Returned: _ June 19, 2003 Arakaki X
Effective: June 18, 2003 Chung X
Published: July 8, 2003 Elarionoff X
Holschuh X
RF,h9ARK.Sr Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
Tyler X
6 2 1 0
l DO HERGI3YC'F,RT/H'Y /ha/ lhe,~i~r•e~oin~ BILL >7~ns udopied fiy the Cnun[y C'ounci/ puhli_a~hed ac
indicated ahove.
~
APPROVED AS TO ~ Z.~~~~~/~G!~~` '
FORM AND LEGALITY:
~~1~-'~1 ~t7~_ ~ COU ('lL ('HAIRMAN
DEPUTY CORPORATION COUNSEL ~
COUNTY OF HAWAII
(YJ ~7l'(Y.ERk
Date ~ ~ I (c ~ ~ ~
93 (Draft 3)
Rill Nn.:
~ c-Z 10.S/PC-37
.Appi~ov~ Disapproved this da,,~ Reference:
Ord No.: y`s
~,1~ J um v ~o 0 3
MAYOR, CO[ IYO~ WAIL