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Home My WebLink AboutBIL 135 Draft 04 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 135 Draft 4 ORDINANCE NO. AN ORDINANCI3 AMENDING SI~;CT[ON 25-8-24 (KURTIS'fOWN ZONE MAN). AR1lCLF. 8, CHAP"I'ER 25 (Z_ONING CODE) OF THE HAWAII COUNTY CODE. EiY CHANGWG "I~HE DIS"ERIC"l~ CLASSIFICATION FROM AGRICUL'fURAI, (A-~a) TO VfLLAGf~ COMMERCIAL (CV-20) AT OLAA, PUNA, HAWAI'1. COVERED I3Y "fAX MAP KI':Y 1-7-l:PORTION OF 11. 131. I'I~ ORDAINED F3Y Tl IE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-~4_ Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification ofpropert~~ descrihed hereinafter as t~~llows: The district classitication 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 corner of Lot 9-B-I, portion of Grant 4969 to Mai and on the Southerly side of Volcano Road (Federal Aid Arojcct 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 true South: l . 222° l5' 42.77 feet along the Southerly side of Volcano Road (Federal Aid Project No. F ~(4)); 2. 238° 36' 457.27 feet along Government (Crown) Land of Olaa and Land Patent Grant 5-14~ ~7 to Motoshi Sako and wf. Kiyoko Suzuki Sako: 3. 210° ] 6' 30" 107.00 feet along Land Patent Grant 5-14537 to Motoshi Sako and wf. Kiyoko Suzuki Sako: 4. 298° 38' 171.08 teet along Grant 7583 to Wm. B. Nailima; 5. 40° 00' 574.24 feet along remainder of Grant 4971 to Kahili: -1- 6. 122° O8' 300.00 Feet along Lot 9-B-I. 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 Counh~ Council linds the following conditions are: I l) Necessary- to prevent circumstances which may be adverse to the public health, salety 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 eflccts of the proposed use, or (F3) Fultiliment of the need for public service demands created by the proposed use. A. fhe 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 ~a'ith the "Water Commitment 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 Zoning Code shall be secured by the applicant prior to the commencement of construction. Uevelopment plans shall identify existing and proposed structures, fire protection measures, paved -2- 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 die Planning Department's Rule No. 17 (Landscaping Requirements). D. All development generated runoff shall be disposed of on site and shall not he 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 o'f Public Works prior to die issuance of a certif irate oP occupancy. E. Access from the project site to State Highway 1 1 shall meet with the approval of the Department of Transportation. The applicant shall attempt to secure an agreement ti•om the State to use the relocated service station easement If permission is obtained, access shall he solely from that casement In either case, the applicant shall [pay or cause] fund or participate in the construction of 50% of the cost of (installation ofd installing a traffic signal at the intersection oft luina Road and Highway 1 1 in conjunction with the State's planned intersection improvements within one year from the effective date of this ordinance.:I'Iw applicant may construct the entire trafficsi~=nalization improvement project and seek 50% reimbursement from other interested party(ies) in the immediate area. In the event the traffic lights are constructed by apartti~(ies) other than the applicant, the applicant shall reimburse said party(es) its ~0°% share prior to or upon activation of the lights. F. The applicant shall submit a Solid Waste Management Plan to the Department of F,nvironmemal Management fx~r its review and approval. A copy of the approved Plan shall be submitted to the Planning Department prior to the issuance of Final Plan npproval. -3- G. Should any remains of historic sites such as rock walls. terraces, platforms, rnarine shell concentrations or human burials be encountered. work in the immediate area shall cease and the Department of Land and Natural Resources - 1listoric Preservation Division (DLNR-HPD) shall he immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-1IPD 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 ti~ithin the subject property. I. Should the Council adopt a Unified Impact Fees Ordinance setting f~~rth criteria for imposition of exactions or the assessment of impact fees. conditions included herein shall be credited towards the requirements of the Unified Impact h'ecs Ordiuance. ,I. 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 eftcct until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. K. [And With the exception of Condition E, an initial extension of time for the performance of conditions within the ordinance may he granted by the Planning Director upon the following circumstances: -4- 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 ne,ligence. 2. Granting of the time extension would not be contrary to the General Plan orZ,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 dime 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 }ear 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 ('ounty Council fir 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 subject area to its original or more appropriate designation. SF.C"IION 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- SECTfON d. "phis ordinance shall take effect upon its approval. INTRODUCED BY: i i "~`ti~ , CO J1VCfl. MEMBER COUNTY OF ?IAWAI'I Ilawai'i Date of Introduction: Date of 1 sl Reading: Date of 2nd Reading: Iiffcctive Date: kftFEREidCE: ~:,ontrtt. ~30&.9 _ -6- N _ / ~ RS t0 C ~ o ~ I _ ~m~ to A- i oa ~ ~ W - I ~ ~ ~ O - z_ iaaR n-zoa ~'O q ~ ~ / ~ i Al_O~ -N-I-IO - ~ M1~C~ { f ~ ~.J-JU HUinaF7d. ~ ~i ~ a~ A- I Oa '1'S Jc~ ~ ~ R7-70 ~ //j / r~ 'o R; i / AG ICl1LTURAL (A-5a) oPFni ~ TO VI ,OMMERCIAL fCV-201 p 559 yys AREA = 2.814 ACRES ~ 929.38 W ...OL AA"~~ ~ i i~ _ A ks i t_~ 20 ~ •'o ~ ~ ~ ~ ea / ~ o i ~-5i a-2oa {~-~d ~ ~ 0 ~ ~ ~-~)d / n p d~ ~ ~ ~ ~ G n-~ , ~ i' ~ Sa 2L q rac no o roa i~w z,iaa ~ Feel AMENDMENT TO THE ZONING CODE AMENDING SEC .ION 25-8-24 (KURTISTOWN ZONE MAP) ARTICLE 8, CHAPTER 25 ;ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THL DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO VILLAGE COMMERCIAL (CV-20) ,1T OLAA, PUNA, HAWAII PREPARED BY PLANNIPJG DEPARTMENT COUNTY OF HAWAII TMK. 1-7-001 POr. 011 _ Date: June 30. 2C'J:', EXHIBIT "A•. (Keaau Service Station. 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