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Home My WebLink AboutBIL 135 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 135 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-24 (KURTISTOWN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, I3Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO VILLAG>? COMMERCIAL (CV-20) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-1:PORTION OF 11. 13E IT ORDAINED BY "fHE COUNCIL OF TILE COUNTY OF HAWAI`L SECT[ON 1. Section 2~-8-2d, 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 Olaa, Pavia, I lawai`i shall be Village Commercial ICV-20): Beginning at the West corner of this parcel of land, being also the North corner of Lot 9-B-1, portion ol~Gr~mt 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 x,559.91 feet South and 929.38 feet West and running by azimuths measured clockwise from true South: I . 222° 15' X2.77 feet along the Southerly side of Volcano Road (Federal Aid Project No. F-2(4)); 2. 23R° 36' 457.27 feet along Government (Crown) Land of Olaa and Land Patent Gr~uit 5-14537 to Motoshi Sako and wf~. Kiyoko SuzukiSaku; 3. 210° 16' 30" 107.00 icet along Land Patcut Grant S-14537 to Motoshi Sako and wf. Kiyoko Suzuki -1- Sako; 4. 298° 38' 171.08 Icet along Grant 7583 to Wm. B. Nailima; 5. 40° 00' X74.24 feet along remainder of Grant 4971 to Kahili; C. 122° OR' 300.00 feet along Lot 9-Q-1, portion of Grant 4969 to Mai, to the point of beginning and containing .w area of 2.814 Acres. All as shown on Uic 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 ~md welfare; or (2) Reasonable 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 propused use, or (I3) I~uIfilLnent ofthe need for public service demands created by the proposed use. The applicant, its successors or assigns shall be responsible Ibr complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitinent by the Deparhneut 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 accordancc with the "Water Conunitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. C. Establishment of the proposed development shall be completed within five (5) years from the effective date of this ordinance. I'inaLl'lsm Approval by the Planning Director in accordancc 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 iu accordance with the Planning DepartmenPs Rule No. 17 (Landscaping Rcyuirements). D. AlI development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. drainage study shall be prepared and submitted to the Department of Public Works prior to issuance of Final Plan Approval ~1ny drainage improvements shall be constructed. meeting with the approval of the Department of Public Works prior to the issuance of a certificate ofoccupanc~. 1:. Access from the project site to State 1 [ighway 1 1 shall meet with the approval of the lleparuncnt of lYansportation. The applicant shall attempt to secure an agreement from the State to use the relocated service station casement. I I permission is obtained, access shall be solely from that easement. In either case, the applicant shall pa}~ or cause the construction of 50°% of the cost of installation of a traffic sicnal at the intersection of Huina Road and I lighway 1 1 iu cogjunction with the State's planned intersection improvements. - P. The applicant shall submit a Solid Waste Management Plan to the Dcparnnent of Environmental Management for its review and approval. A copy of Lhc 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 shill concentrations or human burials he encountered, work in the immediate arra shall cease and the Department of Land and Natural Resources - I [istoric Prescivation Division (llLNR-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 adapt a Unified Impact Fecs Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the reyuirements of the Unified Impact Pecs 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, ~hc status of the development and the extent to which the conditions of approval arc being satisfied. 'T'his condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Uirector acknowledges that funher reports are not required. -4- K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the Ibllo~ro•ing circumstance,: L 7~he 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 arc not the result of their fault or negligence. 2. Granting of the time extension would not be conh~ary to the General Plan or Zoning Code. 3. Granting of the time extension would not be cunh~ary to the original reasons for the granting of the change oFzone. 4. ~I~hc 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. I f the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Counh Council for appropriate action. L. Should any of the conditions not be met or substantially complied with in a timely fashion_ the Director may initiate rezoning of the suUject area to its original or more appropriate designation. SECTION 3. Ln the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INT ODUCED BY: . p. F. ~ 1't~:.! `4 a CO CI MEMBER, JNTY OF IIAWAI`[ Hawai` i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -6- N ~~a- Rs-zo ~mc zo n-ioa p ~o w - e ~ ~ ~/aaRa azoa ~ ~ zo S ~O / ~-70 25-20 A-20a ~ :N- i 0 Hu1ne Rd. ~h° ~ ~ 7O ~ \ ~ ~ ?a ~n o a i~ o /~°o ~ c-ioa Rs~ ~~y ~ Rs-2o . ~ ' j~~ a sa ~ ~ % AG lLTURAL (A-Sal oPen1 TO VIL OM ERCI V-2 \ ~~2, 559.BY~$ AREA=2.614 ACRES \ ~ ~ ~ J ~~29.38 W / ~"OLAA"~~ ~ ~ A'... ~ ~ \ F~Sa A ~ ~ ris zo A ~ ~ \ ~a• ~o air ~ ~ ~~4~ ~ A-5a A-20a A-la ~ ~ A-Sa ~ A Sa dP A-Sa ~ 6~ ~ ` e i N~ / A-Sa \ % ASa S-2( A ' ]00 150 0 )00 1400 Z, 100 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-24 (KURTISTOWN ZONE MAP) ARTICLE 8, CHAPTER 25 ;ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO'VII_LAGE COMMERCIAL (CV-20) AT OLAA, PUNA, HAWAII PREPARED BY PLANNIPJG DEPARTMENT COUNTY OF HAWAII i TMK: 1-7-OOi:POr. 011 _ Date: June 30, 2003 EXHIBIT "A" (Keaau Service Station, Ina 1105)