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Home My WebLink AboutORD 1997-003 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL, NO. 362 (Draft 2) ORDINANCE NO. y~ `i AN ORDINANCE AMENDING ORDINANCE NO. 92-103 WHICH CHANGED THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT KAPAAU, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-4-05:88 (FORMERLY PORTION OF 58). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 92-103 is amended as follows: "SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) [final] Fin Plan Approval of the proposed development within the subject ~ronertv shall be secured icom the Planning [Department] Dir within one year from the effective date of the change of zone. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans to be submitted shall indicate existing and proposed structures, parking, driveway circulation, landscaping, and all off-site improvements. Structures shall be sited and landscaping provided for the purpose of mitigating noise and visual impacts to adjacent properties; (C) construction shall [commence within one year from the date of receipt of Final Plan approval and shall be completed within two years thereafter] be completed within five years from the effective date of this amendment; (D) access to the development within the subject 12roDertv shall meet with the approval of the Department of Public Works and the State Department of Transportation. The Hawi-Niulii Road frontage of the subject property shall be improved with curb, gutter and sidewalk improvements, exclusive of driveway access, in accordance with the requirements of the State Department of Transportation prior to the issuance of a certificate of occupancy. Preliminary plans for these improvements shall be submitted simultaneously with development plans for Plan Approval review; (E) drainage improvements shall meet with the approval of the Department of Public Works. No work shall be permitted within and no additional runoff shall be directed to the stream located along the western boundazy of the subject property, unless otherwise approved by Department of Public Works; (F) the method of sewage disposal shall meet with the approval of the Department of Health; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning [Department] 'Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning [Department] Director when it linds that sufficient mitigative measures have been taken; (H) all other applicable laws, rules, regulations and requirements shall be complied with; -2- (I) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein [may, at the developer's election, be satisfied by the performance in accordance with] shall be credited towards the requirements of the Unified Impact Fees Ordinance; (J) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the Change of Zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (K) an extension of time for the performance of conditions within the ordinance may be 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 the 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 may be extended for up to one additional year); and -3- 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the [area] s~ject property to its original or more appropriate designation." SECTION [3]~. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION i4]~. 'Chis ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEM ER, COUN OF HAWAII Hilo, Hawaii Date of Introduction: December 18, 1996 Date of 1st Reading: December 18 , 1996 Date of 2nd Reading: January 8, 1997 Effective Date: January 20, 1997 APPROVED AS TO FORM AND LEGAL[TY P~'vtu,. ~ ~~'~.R----- OEPUTY CORPORATION COUNSEL DATED: ,lAIV 1 5 i391. IiEPekLhiCEc Comm. _1~L_ -4- r NOTE: FOR INFORMATION PURP,Q,S~ r~ ~la+_Ia x Irs_li t /a F t'~ rtv-la A-ze. c -S Z.{I / R~-r6 ~ pA 0 OAI I~ ras la les la ~ J 1es-Is F Q 1l~+la n RS- ~ZO° CV 10 Q IS I CV-10 I CV 10 RS-1 !s ~H'4W1 HAWI - NtULtI ROAD NIUIp i CVI-10 GY-10 CVO 10 ~ fR J L.. 9TI~TUf Ot p re 1 7s1.9' N IcAM~MI1MenA s e Z7t 74'-~Z°Ja.RB y~~1°IO.r7 t ntU O NAL@-i Ise•~e'se' r--•- aa.ee G. a. tl' R~-16 RD '/a I 90.17 b 11. R9 1 ~ -SINGLE PAMtLy RESIDENTIAL "(RS_-15) TO YILLAGL" COMMCRCIAL (CV-10) ARCA ¦ X47 C8B 561. FT. R°J~~ID RI~~ID A~10° ROI.16 A~200 A-10° A-10a IfA- 1~ AMENDMENT TO THE ZONING CODE AMENDING SEC~'lON Z5-g6 G (HAWI-KAPAAU ZONE N1AP~ ARTICLE 3, CHAPTER Z5 (ZONING CODE) OF THE HAWAII COUNTY CODE sy Ci-3ANG1N6 THE DISTRICT CLA551FiCAT10N PROM SINGLE FAMILY RE5IDCNTIAL (R9-15) TO ViLLA6E COMMERCIAL (CV-i0) AT KAPAAU, NORTH KOHALA, FiAWAlI. ~ PREPAI'~1=D DY ~ PLANNiN6 DE1~AtFTMENT COIJNTy CI's HAWAII Th'11~ ~ 5-4-05 POfQT10iv OP 58 ~IUNB Ig92 EXi-1161 i 1,A11 (TGMMY 11CCIe; C7'14Tf-11A °JMITH~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo J Hawaii ; , r~ ' Di~r~t11 2 . ROLL CAL VOTE G if , _ AYPS- "h`OES ABS EX Introduced By: _ Takashi Dominoo Ar~~; 7{ Date Introduced: _ December 18, 1996 _ Chung g - Firse Reading: --Decanber 18, 1996 _ Leithead-Todd X _ Published: N/A - 1 - - Fay X ~ REMARKS: Reynolds X 1 Santangelo g - Smith X Tyler _ X - - Y~&---- X - - ~ n (DRAFT 2) ROLL CALL VOTE Second Reading: _ .ia niiarv 1997 AYES NOES ABS j EX I ToP.1a}•or: -_~3ty 9, 1997 Arakaki X I IZetcrned: January 21, 1997__ _ X - -I F.ffeceive: Januar~20, 1997 Chun - _ _ Published January 28, 1997 Leithead-Todd X - - - Ray T--~ REMARKS: Reynolds }L , Santangelo X Smith X I _ ~ _ - - ~ l er X 1--- - - - Ya on~_ X j i - - 9 ~ - 0 _I 7 DO HEI2EB1' CERTIFY that the foregoing BILL was adoyted by the County Council and public{aed as indicated above. G~rC~~'~~' OL IL CHAIRMAN COUMY CLERK U ApprovedJI:tiryepss~d Phis _ day OR, COIINl~k' pHP.WAII Bill No.: 362 ? A~8£t 2 1 ReJerenre: C-1439/PC-173 Ord No.: t OFFICE INFORMATION ONLY Date: December 11, 1996 Action: Alice from Planning Department has assured our office that the attached map was submitted for information purposes only, and that this bill (Bill 362) is only a time extension and that a map is not needed. This response was in regard to a question as to the tax map key on the map not matching the title of the bill. Re: Bill 362/C-1439 (1994-1996) and C-19 (1996-1998) which transmitted a Draft 2 to Bill 362