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Home My WebLink AboutBIL 135 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 135 (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-24 (KURTISTOWN "LONE MAP). AK'I1CLE 8. CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODt?. BY CHANGING ~~HE D[STRIC'C CLASSIFICnIION FROM AGRICULTURAL (A-~a)'FO VILLAGE COMMERCIAL (CV-20) A'f OI,AA, PUNA, HAWAII, COVERED RY TAX MAP KEY 1-7-I:POR"PION OF I I. BE I'T ORDAINEll BY "FI lI'. COUtiCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-24, Article 8. Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: l~he district classification of the following area situated atOlaa, Puna, Hawaii shall he Village Commercial (CV-20): Beginning at the West corner of this parcel of land, being also the North corner of l.ol 9-B-1, portion of Grant 4969 to Mai and on the Southerly side of Volcano Road (Federal Aid Project No. F='(4p. the coordinates of which referred to Government Survey "Triangulation Station "OLAA" being 2,559.91 feet South and 929.38 t~et West and running by azimuths measured clockwise from true South: l . 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 band Patent Grant S-14537 to Motoshi Sako and wf. Kivoko Suzuki Sako; 3. 210° 16' 30" 107.00 feet along Land Patent Grant 5-14537 to Motoshi Sako and wf. Kiyoko Suzuki Sako; 4. 298° 38' 171.08 feet along Grant 7583 to Wm. B. Nailima; 5. 40° 00' 574.24 feel along remainder of Grant 4971 to Kahili; -I- 6. 122° 08' 300.00 feet along Lot 9-8-1. portion of Grant 4969 to Mai, to the point of beginning and containing an area of 2.814 Acres. All as shoNn on the map attached hereto, marked Exhibit "A" and by re~ercnce made a part hereof. SEC710N 2. In accordance with Section 25-2-44. Hawaii County Code. the County Council finds the following conditions arc: (1) Necessary to prevent circumstances which may be adverse to the public health, safct~ 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) Pullillment of the need fir public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible Ibr complying with all of the stated conditions of approval. B. Prior to the issuance ofa water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum dail}~ water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water CommiUnent 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. final Plan Approval by the Planning Director in accordance with the %oning Code shall be secured by the applicant prior to the conunencement of construction. Deg°dopmcnt plans shall identify existing and proposed structures, lire 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 llepartmenPs Rule No. 17 (Landscaping Requirements). D. All development generated runoff shall be disposed of nn site and shall not be directed tovtard any adjacent properties. A drainage study shall be prepared and submitted to the Deparhnent of Public Works prior to issuance of Final Plan Approval. .~~\m' drainage improvements shall be constructed. meeting with the approval of the Deparhnent of Public Works prior to the issuance of a certificate of occupancy. F.. Access from the project site to State Highway I 1 shall meet with the approval of the Department of`Cransportation. l~he applicant shall attempt to secure an agreement from the State to use the relocated service station easement. I f~ permission is obtained, access shall be solely from that casement [neither case. the applicant shall pay or cause the construction of 50°i~ of the cost of installation ofa traffic signal at the intersection ofHuina Road and Highway 11 in conjunction with the State's planned intersection improvements within one year from the effective date ofthis ordinance. F. Che applicant shall submit a Solid Waste Management Plan to the Department of Environmental Management for its review and approval. n copy of the approved Plan shall be submitted to the Planning Department prior to the issuance of Final Plan nppro~ al. 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 Kesources - I listoric Preservation Division (DI,NR-HPD) shall be immediately notilied. Subsequent -3- 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 lorth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall he crcdilcd towards the requirements of the l Initied 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. 'fhe report shall include, but not be limited to. the status of the development and the extent to which the conditions of approval arc being satisfied. This condition shall rernain in eflcct until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports arc not required. K. An initial extension of time for the performance of conditions within the ordinance may he granted by the Planning Director upon the following circumstances: I. fhe 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 he contrary to the General Plan or Toning Code. -4- 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 he for a period not to exceed the period originally granted for performance (i.e.. a condition to be performed within one }ear may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, d'~e Planning Director shall submit the applicant's reyuest to the County Council for appropriate action. L. Should any of the conditions not be met or substantially complied with in a timely lashion. the Director ma}' initiate rezoning of the subject area to its original or more appropriate designation. SF,CTiON 3. In the event that any portion of this ordinance is declared invalid. such invalidity shall not affect the other parts of this ordinance. SEC'I~ION 4. This ordinance shall take effect upon its appro~~al. INTRODUCED BY: _ CO[ 117011. MEMBER, COUNTY OF HAWAII i I [awai' i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: N - zs . o c ~ a uNC Kt ~ l0 A I C1 ~ ~ w . r ~ o~aa ~/Jf ~ 'Qq n 1oa ~ ~ SRS o ~ 7 ~ i R~~.~ i~ r<; rc to } ~A '(la ~ t .r,N- i n ~ i .'_^r~~ A NuinaRd. '~~~Qa' ~ ~o 7~ A-Iw o ~ ; i"~ ~ 'fs Jo / ~ KS-20 ~,'L~- ; ~ ~ ~ ~,a . i-i ~ ° ~ i 'i AG 1LTURALIA-Sal r~i~t nl TO V ~~255~.915 ~ AREA=2.810.ACRE5 ~ "C', 929 ]8 W / i ~ n / a'., k~ ~ 20 ~'n ~ l ~ ~o a I moo ~ ~ A-zo,~ a A, / y aP / ~ , D ~ ~ 6~ n A Sa S 2C q rao fso mo i~w z, iac Feel AMENDMENT TO THE ZONING CODE AMENDING SEC~IION 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 VILLAGE COMMERCIAL (CV-20) f~T OLAA, PUNA, HAWAII PREPAR!=D BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 1-7-001-POr. 011 _ Date' June 30. 2C03 EXHIBIT "A^ (Keaau service station. Inc t1o5