The URL can be used to link to this page

Home My WebLink AboutBIL 135 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. _ 13~_ ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-24 (KURTISTOWN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`[ COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO VILLAGE COMMERCIAL (CV-20) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-1:PORTION OF 11. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-24, Article 8, Chapter 25 (Zoning Code) of the Hawai `i County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Olaa, Puna, Hawaii shall be Village Commercial (CV-20): Beginning at the West corner of this parcel of land, being also the North comer of Lot 9-B-1, portion of Grant 4969 to Mai and on the Southerly side of Volcano Road (Federal Aid Project No. F-2(4)), the coordinates of which referred to Government Survey Triangulation Station "OLAA" being 2,559.91 feet South and 929.38 feet West and running by azimuths measured clockwise from tme South: 1. 222° 15' 42.77 feet along the Southerly side of Volcano Road (Federal Aid Project No. F-2(4)); 2. 238° 36' 457.27 feet along Government (Crown) Land of Olaa and Land Patent Grant S-14537 to Motoshi Sako and wf. Kiyoko Suzuki Sako; 3. 210° 16' 30" 107.00 feet along Land Patent Grant 5-14537 to Motoshi Sako and wf. Kiyoko Suzuki Sako; -1- 4. 298° 38' 171.08 feet along Grant 7583 to Wm. B. Nailima; 5. 40° 00' 574.24 feet along remainder of Grant 4971 to Kahili; 6. 122° 08' 300.00 feet along Lot 9-B-1, portion of Grant 4969 to Mai, to the point of beginning and containing an area of 2.814 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 25-2-44, Hawaii County Code, the County 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) Fulfillment 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. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. -2- C. Establishment of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). D. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to issuance of Final Plan Approval. Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. E. Access from the project site to State Highway 11 shall meet with the approval of the Department of Transportation. The applicant shall attempt to secure an agreement from the State to use the relocated service station easement. If permission is obtained, access shall be solely from that easement. Should the State grant an easement through the existing service station property, the applicant shall pay 50% of the cost of installation of a traffic signal at the intersection of Huina Road and Highway 11 in conjunction with the State's planned intersection improvements. F. The applicant shall submit a Solid Waste Management Plan to the Department of Environmental Management for its review and approval. A copy of the -3- approved Plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. G. 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. H. Comply with all applicable laws, rules, regulations and requirements of the affected agencies for approval of the proposed development within the subject property. I. 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 Fees Ordinance. J. 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 be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -4- 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 Co 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 be 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 submit the applicant's request to the County Council for appropriate action. L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiated rezoning of the subject area to its original or more appropriate designation. 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. -5- SEC 1 ION This o;din~nce sh~.11 take effect upon its approval. U ED BY: , ~k~ ~ r COUI~7CII.~" ~E MT=.3ER, CO`TJIVTY GE I IAEhI~~ I` I Ha:,~ai`i ~~ate of Introduction: ~u~te of 1st Rcadin~: Elute of 2nd Rcadin~: Effective ~~te: 308 j..i~:'#.:i ic:rsa3 ~.~4!st!lIt 114 -6- i N ~a~ ~s-zo mC ~ ~ 20 A- I Oa v o ~o W E ~ ~~adR A-20a A-i.~ 1~ ~ _2O ~ C, ~ ~ KS-70 ~5-20 ~ A-2oa CN-10 / ~ ~O i ~°~^a Rd. ~ R~~ zo > a. n-ia o ~ ~.o 0 0 / A-ioa 5 ~ RS JoSa ~ KS-20 / ~ V / ' ~-Sz ~j~ ~ ~ RS\`)r// AG~CULTURAL(ASa)\\ oPeN TO VIL A4GE OMM V-2 ~ ,p jam, 2,559~J1~$ AREA = 2.814 ACRES ~ s o ~ 29.38 W ~ OLAA"~z S.' A , ~ ~ A-Sa R ~ s tea. ~ ~~o n-i., v Jo ~ / n Sa n-zos a. i d ~ / ~ ~ A ~a A-Sa dA A-Sa G~ ~ A-Sa ~ 'p0 350 0 1p0 ~ d00 2100 - Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-24 (KURTISTOWN ZONE MAP) ARTICLE 8, CHAPTER 25 (Z_ONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO VILLAGE COMMERCIAL (CV-20) AT OLAA, PUNA, HAWAII PREPARED Bl': PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 1-7-001:POr. 011 Date: June 30, 2003 EXHIBIT ~~A~r (Keaau Service Station, Inc.:1105)