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Home My WebLink AboutORD 2005-103 2004-2006 COUNTY OF HAWAI`~ STATE OF HAWAII BILL NO. 93 OtZDINANCE NO. 1~3 AN ORDINANCE AMENDING SECTION 25-8-6 (PAHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO VILLAGE COMMERCIAL (CV-10) AT NANAWALE HOMESTEADS, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-11:10. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-6, 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 area situated at Nanawale Homesteads, Puna, Hawaii, shall be Village Commercial (CV-10): Beginning at a point at the southwest corner of this lot, being also the east comer of Lot 10 and on the northerly side of the Government Main Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "VILLAGE FLAG", being 1219.] 1 feet Soutb and 1678.64 feet East and running by azimuths measured clockwise from True South: 1. 207° 40' 209.14 feet along Lot 10; 2. 304° 58' 52.00 feet along Lot 34; 3. 27° 42' 30" 195.00 feet along Lot 8; 4. 109° 20' 52.00 feet along the North side of Government Main Road to the point of beginning and containing an area of 10,410 square feet, more or less. -1- 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 healfn, safely 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. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. The applicant shall provide adequate off-street parking and a turnaround before entering the County road right-of--way. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). C. The driveway connection to the Pahoa Village Road (Government Main Road) shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. -2- D. No direct access shall be allowed from Pahoa Village Road to the parking spaces. E. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. F. A Solid Waste Management Plan shall be submitted to the Department of Enviro~unental Management for review and approval prior to the issuance of a Certificate of Occupancy. G. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. H. 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-SHPD) 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. 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. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -3- K. 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 year). 5. [f 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. 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 area to its original or more appropriate designation. -4- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ yi , COUNCIL MEMBER, C ~ Y OF AWA[`I INTRODUCED BY: ~ a COUNCIL MBER, COUNT OF HAWAII Kona , Hawaii Date of Introduction: June 1, 2005 Date of 1st Reading: June 1, 2005 Date of 2nd Reading: June 15, 2005 Effective Date: June 17, 2005 ICr_~G~:EE~i~: LOriliYi. 242 -5- ~ A-5a A-5a , A-Sa A-5a A-Sa Pahoa By-Pass Rd. A-5a A-1a ~ ~ ~ ~ ahoa BY pass Ry - P~~5a ~ ASa A A-Sa ~ S A-fa ~ __~~-~1 Ada I _ ~ 1W Pa oa B d. Rq1~) I - - a ~ A-fa ti v U y _ - _ _ __-n_ I 4 ~ m ~ h _ ____t_ A-fa ~ o a A-fa r ~ am - _ _ I m ~_CV-10-- A-1a ~ RS-10 ' ! 3 - - R f0 ~ oaVlla Rd. R -15 R 15 I RS- 0 RSd4 m -R510 ~k V- ~0 J n s C p R ~ RS- 0 C,V-f0 , I -G1~12 - V- ~ ____-..-t~_ R f0 I I I - S-f0 ~ l I i - ° I ~ r r1 ~ ~ ~ RS-~0 _ V~~ f0 I -L.- RS 10 '1 - _ R -15 IRS 15 - ~ ~~p~ ~ ~ ~ ~ R~ 0, 1 C -q0~ CV-f0~ ~ - i CV 10 I I ~ ~ A\ P hoa Vill ge d. S f0 I C 10 _ KOHd/ S=1¢, _ e II 1 -15 ,219.11 S CV 1 ~ - -A,/0 Ry M-~ ~ i RS- 5 ~ ~ CV-f0 ILLAC~E~ ~ ~~4 r -I ~ % ~ ~ ~ A 1~\ RS-10 RM 2 RS 15 ~ -RS-#0-- _1 I, ~ SINGLE-FAMILY RESIDEN7J L (RS-10) ~ ~ ~ TO VILLAGE COMMERCIAL -10~ / RS-15 ~ - J 1 RS-15 ~ ~ RS-15 ~ A-fa 10,410 SQ. FT. 5-10 ~ ~ 0 soo zsa o soa i ooa i sao z oao z s~ee1 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-6 (PAHOA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO VILLAGE COMMERCIAL (CV-10) AT NANAWALE HOMESTEADS, PUNA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 1-5-011:010 Date: November 17, 2004 EXHIBIT "A" (JEFFREY HUNT:1 156) OFFICE OF THE COUNTY CLERK County of Hawaii xona, Hawaii ROLL CALL VOTE Introduced By: Pete Hoffmann/K. Angel Pilago Date Introduced: June 1, 2005 AYES NOES ABS EX First Reading: June 1, 2005 Arakak7,l ' X Published: N/P. Higa X _ Hoffmann X REMARKS: Holschuh X _ Ikeda X Isbell X Jacobson X Pilago X - Safarik X 9 0 0 0 Second Reading: June 15, 2005 _ 1'o Mayor: June 16, 2005 ROLL CALL VOTE Returned: June 17, 2005 AYES NOES ABS EX _ Effective: June 17, 2005 Arakaki X Published: June 23, 2005 Higa X Hoffinann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X _ Safarik X 8 0 1 0 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 D CORPORATION COUNSEL ~.Zj C NTY OF HAWAII COUNTY CLF,RK Date JUN 1 6 2005 93 Bi]I No.: _ C-292/PC-20 Reference: _ F~" ;~fpproved/pisappraved this- 13 daY Or e~ Ord No.: J wi . of J w„a, zn ~ ,tiv..,~ c t~l'AYOUNTY OF HAWAII