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HomeMy WebLinkAboutORD 1997-040 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 2U (Drat 2) ORDINANCE NO. 9~7 40 AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE RESIDENTIAL (RM-l) TO VILLAGE COMMERCIAL (CV-10) AT PUAA 3RD, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-18:19. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-89, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classitcation of property described hereinafter as follows: "The district classification of the following area situated at Puaa 3rd, North Kona, Hawaii, shall be Village Commercial (CV-]0): Beginning at a on rock (found and adopted) at the Northeasterly corner of this parcel of land, being also a point on the Southwesterly side of Walua Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO", being 3,755.17 feet North and 923.65 feet West and running by azimuths measured clockwise from True South: 1. 310° Ol' 30" 156.59 feet along the Southwesterly side of Walua Road along a stone wall to a % inch pipe (found); 2. 73° 03' 40" 223.11 feet along Royal Patent 1930, Land Commission Award 387 to the American Board of Commissioners For Foreign Missions to a % inch pipe (found); Thence, following along the Easterly side of Alii Drive on a curve to the left, with a radius of 5,754.70 feet, the chord azimuth and distance being: 4. 163° 39' 37" 129.17 feet to a 3/a inch pipe (found); 5. 261 ° 1 T 20.82 feet along Land Commission Award 10266 to Makai to a'/a inch pipe (found); 6. 250° 32' 40" 115.90 feet along Land Commission Award 7081 to Kawaikui to the point of beginning and containing an area of 23,196 Square Feet or 0.533 Acre. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of Special Management Area Use Permit. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 90 days of the effective date of the change of zone ordinance. D. Construction of the commercial office building shall be completed within five (5) years from the effective date of this change of zone ordinance, which shall include securing Final Plan Approval for the proposed commercial office building from the Planning Director. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved parking stalls and driveway and other improvements associated with the proposed uses. E. The applicant shall prepare a Solid Waste Management Plan prior to securing Final Plan Approval for the proposed development within the subject property meeting with the approval of the Department of Public Works. -2- F. A sewer line shall be installed to tie in with the Alii Drive Interceptor Sewer. G. Walua Road shall be improved along the subject property's frontage with curb, gutter, and sidewalk construction, pavement widening, drainage improvements, and relocation of utilities along the Walua Road frontages meeting with the approval of the Department of Public Works. H. Drainage improvements, if required, meeting with the approval of the Department of Public Works shall be installed prior to issuance of Certificate of Occupancy for the proposed development on the subject property. I. Access to the subject properly from Walua Road shall be constructed meeting with the approval of the Department of Public Works. J. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings, walls, lava tube or cave systems be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. K. 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 Fee Ordinance. L. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -3- 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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 Toning 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). M. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ ~ ~ ~l~ i~ CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: February 19, 1997 Date of 1st Reading: February 19, 1997 Date of 2nd Reading: March 7, 1997 Effective Date: March 13, 1997 APPROVED AS TO FORM AND LEGALITY f~ DEPUTY, CORPORATION COUNSEL DATED: -5- rsM - z TRU Sc%: ~•N~Rry ~ 4 a 3~, A-4 137-9.75 RM-~ A-6 A-la / RM m_ I~Ij 5.M lad-~ ~ N\G a-lo a-lo ~-1.75 O rc es-a ~CUAKIN~ ROAD m a dA-I ~ V-I a-lo ~JP Its-lo wa - I ~P MULTIPLE FAMILY m.x75 3,755.17 N 923.65 W RESIDENTIAL (RM-1) TO °''-1O I~- v-I "K^HE~°" VILLAGE COMMERCIAL (CV- 1 0) c/n - I N-q AREA: 23,1 96 SQ. FT. I~- O/-10 xs - Ip 5.75 V-.75 ALII 4 ORIVE rs-w a-lo ~ V-.75 V-J5 V-.75 V-.75 ~ i R'•w• / ~ Hd•/ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO VILLAGE COMMERCIAL (CV-10) AT PUAA 3RD, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-5-18:19 NOVEMBER 26, 1996 EXHIBIT "A„ (WALUA ROAD JOINT VENTURE) C l,y ~l:-! r_ OFFTCE OF THE COUNTY CLERK County of Hawaii _ P~~' , Hilo Hawaii - (DRAFT 2> '97 ~iflR 13 Pil 2 16 R ~~~~,v©T~?I; O~ Y C~SD'~A Bs Ex Introduced By: Eobby Jean Leithead-Todd X Date introduced: Februa 19, 1997 Chung g First Reading: Februa 1997 - Pub!ishecl: N/A Leithead-Todd X - Ray _ RE1~fARKS: Reynolds X Santangelo X Smith X - - Tyler X - - _ _ _ Ya on X _ - - 9 0 0~-0 ROLL CALL VOTE Second Reading: March 7, 1997 AYES NOFS :~N~ LX To Mayor: March 7, 1997 Returned: Mard1 13, 1997 A`~-`at" X - _March 13 1 Chun ~ X - _ Eiffective: r 997 Published Mardi 21, 1997 _ Leithead-Todd X Ray X REMARKS: Reynolds X Santan elo - Smith - - T f or X - - Yagong X _ ~ _ - i 9 U L(L-~-- I DO IIEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO Ft'iRJ'A AND LEC7Ay(TY: - f ~_~tc ~ - < CIL CHAIRMAN [Y~PUiY CORPORATION COUNSEL COUNTY OF HAWAII ' Dat> ,j COUNTYCLERK Ayyrovcd/DisapPmxed fhis _ /3 day U""'~t~ _ ~ R, COUNTY d, F WAII BiU No.: 20 (Draft 2) - Referenre: C-64/PC-21 Ord No.: ~