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Home My WebLink AboutBIL 115 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. > > s _ (Draft 2) ORDINANCE NO. _ AN ORDINANCE AMENDING SEC"fION 25-8-5 (KAILUA URBAN LONE MAP), AR"I'ICLE 8. CHAPTER 25 (7,ONING CODE) OF TF~~E HAWAII COUNTY CODE, BY CHANGING THE DISTRIC"I~ CLASSIEICA"PION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1)10 VILLAGE COMMERCIAL (CV-7.5) A~C HONUAULA, NORTH KONA. HAWAI'1, COVI?RED BY TAX MAP KEY 7-5-22:40. Bt: 1"f ORDAINED BY 1 HE COt INCI1.OF'I~HE COUN'I~Y OF HAWAII: SECTION 1. Section 25-8-5, Article 8, Chapter 25 ('/,oning 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. }{awai'i, 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 heing 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 1.392.35 feet East and running by azimuths measured clockwise from "1'ruc South: I. 151° 59' 62.50 feet along the F?asterly side of Kalawa Streetto a point; 'T'hence, 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 I,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 Peet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44. Hawaii County Code. the County Council finds the following conditions arc: (l) 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 ull ofthe stated conditions of approval. B. fhe required water commitment 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 dail} water usage as recommended by a registered engineer shall he 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 Zoning Code. Plans shall identify proposed structure(s), tine protection measures. access roadway, driveway and parking stalls. 'I~he applicant shall provide adeyuatenff-street parking and a htrnaround betbrc entering the C ounty road right-ot=way. Landscaping shall he 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 Vo. 17 (Landscaping Requirements). D. The applicant shall provide improvements to Kalawa Street fronting the subject property. "Lhe 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 airy relocation of utilities meeting with the approval of the Department of Public Works. 'hhe widened street shall be dedicated without cost to the County of Hawaii prior to the issuance nt a Certificate 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 tcom 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. nll 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 --t- 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. W. 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 Ail earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. ,I. Should any remains of historic sites, such as rock walls, terraces_ platforms, marine shell concentrations or human hurials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) 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. The 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 Unitied 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 ofthe 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 he granted by the Planning Director upon the following circumstances l . 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 he contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not he contrary to the original reasons for the granting of the change of zone. 4. 'T'he time extension granted shall he for a period not to exceed the period originally granted for performance (i.c., a condition to he performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall suhmit the applicants request to the County Council for appropriate action. O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director ma} initiate rezoning of the subject area to its original or more appropriate designation. SECI~ION 3. In the went that any portion of this ordinance is declared invalid, such im~alidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance ,hall take effect upon its approval. IN PRODUCED BY: COLD IL MEMBER, COUNTY OF E IAWAI'1 . Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective llate' 257. 1 REFEREdC~e Comm. -6- CG 20 N GG-20 QU fL5.7,5 °k c~-zo aah°~h A-sa a~ w e ~ ~ rzs-7 s h'Wy pv'' CG70 A 5a L 5~' o s w-zo ao~a ~o ~'I s ( G-20 T'~ ~Q, / A-Sa t ~ A V-I 25 'LG 'P~ ~a~a~~S w w cF' n 3 ~ 'P'hi W ~ y Kuakini Ff ~ ~ s v-.z ~ ~ S~. o Cv-7-5 cy. ~p~ a,~a~ o+ v-.is ~ v 7.s ~ ~ P~ N~ a-sa ~ Q~• ~ ~ ~ n v- 7s G~ a~acoa ~ v 7-s w ~ e~'" ~ ~n v ~~5 ~'p v-7s v-~s ~~1,053.87 ~ p KM-i ~a, KM-i aRd, f 392.35E w ~ TIPLE-FAMILY RESIDENTIAL (RM-1) v Satoh 'KAtLtlA",F~ ~ w v-.7s ~i GE COMMERCIAL CV-7.5 ~ ~ ' ' ~ diPr ~ AREA = 7,500 SQ. FT. v ~s G~ ~ ~ M-i c, v- 7s ~ n-sa ~s KD-3.7S CV- I.5 o KM I V-.7S a\a~a\~ ~ s CV-7.5 y4a~g~d. RM- I V -7 ~ k+,o o7~N ~ ~ Ra ~ KM-25 V-7G CU-ZS V-75 CV-7.5 ~o ~y,t0 iw OPEN y CV-7.5 ~_A 2° RS-10 V-. 7 - ti~ V- 1 7_ E. V-.75 V- 125 (q_ I a 500 250 0 500 1,000 1,500 2,000 Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, CHAPTER 25 (7.ONING 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 DEPAR~fMENT COUNTY OF HAWAII TMK: 7-5-022:040 Date: April 23, 2003 EXHIBIT "A„ (Chrysta~ T Yamasaki:1097)