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Home My WebLink AboutBIL 211 Draft 01 2002-2004 COUNTY OF HAWAI`I' STATE OF HAWAII BILL NO. 211 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-8:20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning 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 azea situated at Keahuolu, North Kona, Hawaii, shall be Village Commercial (CV-10): Beginning at the West comer of this parcel of land, situated on the Southeasterly side of Palani Road, the coordinates of said point of beginning, referred to Government Survey Triangulation Station "KAILUA (North Meridian)", being 1,624.27 feet North and 395.41 feet East and thence conning by azimuths measured clockwise from Tme South: 1. Along the Southeasterly side of Palani Road, on a curve to the right with a radius of 200.00 feet, the chord azimuth and distance being: 191 ° 45' 15" 108.10 feet; 2. 207° 26' 59.06 feet along the same; 3, Thence along the same, on a curve to the right with a radius of 666.80 feet, the chord azimuth and distance being: 209° 57' 41" 58.82 feet; -1- 4. 295° 51' 608.07 feet along the remainder of R.P. 68S 1, L.C. Aw. 8452, Ap. 12 to A. Keohokalole (Certificate of Boundaries No. 45); 5. 52° 56' 249.95 feet along the same; 6. 115° 51' 473.79 feet along the Northeasterly side of Hawaii Belt Road (FAP Route 11, Project No. 11A-03-69], to the point of beginning and containing an area of 2.821 Acres, more or less. 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 maybe 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 all of the stated conditions of approval. B. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. C. The applicant shall provide improvements to Palani Road fronting the subject property. The applicant shall provide full improvements to the Palani Road -2- frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works. The widened street shall be dedicated without cost to the County of Hawaii prior to the issuance of a Certificate of Occupancy. Install street lights, signs and markings, meeting with the approval of the Department of Public Works, Traffic Division. D. The applicant shall remove any encroachments or obstructions within the Palani Road right-of--way. E. Only one access shall be allowed to Palani Road, fronting the subject property. The access to Palani Road, including the provision of sight distances, shall meet with the approval of the Deparhnent of Public Works. If a variance is considered for the access width, the applicant shall construct a minimum 24-foot wide pavement within a 40-foot right-of--way or easement including curb and sidewalk on one side. F. The driveway connection to the subject property from Palani Road 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. All sight distances shall meet the AASHTO Guidelines. G. Left turns shall be prohibited into the proposed development from Palani Road. In addition, left turns from the proposed development to Palani Road shall be prohibited upon demand by the Department of Public Works. H. A drainage study shall be prepared, and the recommended drainage system shall be constructed, meeting with the approval of the Department of Public Works, -3- prior to the issuance of a Certificate of Occupancy for any portion of the proposed development. I. 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. J. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. K. 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 - State Historic Preservation Division (DLNR-HPD) 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. L. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies including the Department of Public Works, Department of Environmental Management, and Department of Health for the proposed development. M. 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. -4- N. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. 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 be contrary to 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 maybe extended for up to one additional yeaz). 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. O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject azea 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- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ r CO IL M ER, CO TY OF H AI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERFI~ICE: Comm. 45_.___.6 -6- ~ CG-10 A-5a A-5 a ODD KCH-2 ~ N S Q A-Sa ~O OPEN OG, AGRICULTURA •1a)TO VILLAGE COMM RCIAL CV•10 Asa 2.821 A RES 0 cG- I o A-. a o~ ~ cG- I o ~ N cG-zo 2 1,624.27 N A- I a cG- I O 395.41E P,. "KAILUA"~?, ~ cG-zo No A-sa A-sa Queen Kaahumanu Highway Queen Kaahumanu Highway - M -la M"-I ~ p CG-z0 A-5 ~ Luhia S eet cv- I o p~ c -zo - ~ v 0 - M -la u ~ A-Sa ~ lap Str et cv- I o a 0~`'e` ~ac~ G I a c -zo ~ A-~ V-1.25 I MG-la - N KM I u V- 25 U s Q\a~0 MG- a - I 5 G Qa~a~ cv \9 a V- 5 v RM- M la ~ V ~ " 75 930 465 0 930 1.860 P)90 1720 4,6fi0 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-1a) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-4-008:020 Date: November 25, 2003 EXHIBIT "A° (Verizon Hawaii, Inc.:1115) OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii ROLL CALL VOTE Introduced By: Leningrad Elarionoff AYES NOES ABS EX Date Introduced: March 5 , 2004 Arakaki First Reading: Chung Published: n/a Elarionoff Holschuh REMARKS: March 5, 2004 - Close File Jacobson Leithead-Todd Reynolds Safarik Tyler Second Reading: ROLL CALL VOTE To Mayor: AYES NOES ABS EX Returned: Arakaki Effective: Chung Published: Elarionoff Holschuh REMARKS: Jacobson Leithead-Todd Reynolds Safarik Tyler I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date 211 Bill No.: C-456/PC-77 Approved/Disapproved thrs day Reference: Ord No.: of , 20 MAYOR, CO UNTY OF HAWAII