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Home My WebLink AboutORD 1997-079 1996-1998 COUNTY OF HAWAII `STATE OF HAWAII BILL N[~ra9_~.~__ 9'7 `79 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO VILLAGE COMMERCIAL (CV-7.5) AT KAHALUU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-10:PORTION OF 2 (FORMERLY PORTION OF 4). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, 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 Kahaluu, North Kona, Hawaii, shall be Village Commercial (CV-7.5): Beginning at the South corner of this pazcel of land, on the Westerly side of Kamehameha III Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 6,933.27 feet North and 2,151.99 feet East, thence running by azimuths measured clockwise from True South: 1. 127° 00' 25" 549.15 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 2. 221 ° 43' 144.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 3. 180° 00' 245.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 4. 253 ° 32' 200.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kaznamalu; 5. 211 ° 03' 194.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamaznalu; 6. 270° 00' 404.92 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 7. 353 ° 17' 40.58 feet along the Westerly side of Kaznehameha III Road; 8. 9° 17' 393.00 feet along the Westerly side of Kamehameha III Road; 9. Thence along the Westerly side of Kamehameha III Road, on a curve to the right with a radius of 450.00 feet, the chord azimuth and distance being: 23 ° 08' 42.5" 215.62 feet; 10. 37° 00' 25" 350.00 feet along the Westerly side of Kamehameha III Road to the point of beginning and containing an Area of 10.375 Acres, more or less. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, successors, or assigns shall comply with all of the stated conditions of approval; (B) an SMA Use Permit application for the proposed development within the subject property shall be submitted to the Planning Department within one yeaz from the effective date of the change of zone; (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 yeazs 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) access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall design and construct the interior driveway and circulation improvements to interconnect with the existing adjoining commercial properties south of the subject property, meeting with the approval of the Department of Public Works. The applicant shall establish 2 and record deed covenants for the subject property and the adjoining properties owned by the applicant which covenants shall assure that the interconnected driveway and circulation improvements are maintained and kept open during the regular business hours of the interconnected properties. All roadway improvements shall be constructed meeting with the approval of the Department of Public Works prior to the establishment of any new use or the issuance of a certificate of occupancy for any portion of the proposed development within the subject property; (F) curbs, gutters and sidewalks shall be constructed along the frontage of the subject property on Kamehameha III Road meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any portion of the commercial development within the subject property; (G) a drainage system shall be installed meeting with the approval of the Department of Public Works; (H) 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; (I) the applicant shall connect to it existing sewage treatment plant near Heeia Bay meeting with the requirements of the appropriate agency; (J) two copies of an azchaeological data recovery plan shall be submitted for review and approval to the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division prior to submitting plans for plan approval. Appropriate mitigation measures shall be implemented prior to land alterations of the subject property; (K) 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 Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an 3 azchaeological cleazance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken; (L) comply with all other applicable laws, rules, regulations and requirements; (M) 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance; (N) 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 aze not required; (O) 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 aze 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 Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the permit; 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 yeaz); and 4 P. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: lQ C CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Match 6, 1991 Date of 1st Reading: March 6, 1991 Date of 2nd Reading: May 20, 1997 Effective Date: June 9, 1997 APPROVED AS/TO FOR{7M~i ND LEGALITY DE?UTY CORPORATI/ON COUNSEL DATED: ~~~~/~~7 5 R9 14' R9 19 ~ RM-9 3 . - K1,~'A IIVA T O . 0 9T R~~ ~ Rs ig TRUE _ NoRTH~ ~ S CALF I•' qoo' KONA COUNTRY CLUB GOLR GouRS~ w~ o ~~ti 'L, 01 <<AIv(EMA ° e ROgp ~'D• rtM-~ j7.~° I7 rtM-'J uN V.ANN mp (u) 40.,98 ~°17'.~ 23'OB~42.5" 3.73.00 215.67. 'i7o• 00~ R< 450.00 37'00'25" TO ~/1LLAGC ~so.oo COMMC-12CIAL CV 75~ RM_~ A1'QEA = 10.375 A»?iQES y all ° 0 3' a~. I°-14.00 (p .~'0~ KEAV '20000 y/ Co~g1 °v9~ ~ BAyHo • ry S~ov@ ~O 0v-79 m 160°00' ° 2.45-00 ,y^ 2'21 ° 43' 144.00 ~ KCAUNOU cv-~S SHOrPlN6 I CONY®R II UN PLANNt•p (U~ l 1 I I I I cv-~. ~r I ALII HIGHWAY G rtrvt~~ JPO RM-z RM -3 RM-D J ~ ? r~ AMENDMENT TO THE ZONING CODE AME!`1L71NG 5CCTION 25-87' ~h1oC1TH KONA ZONC- MAP) ARTICLE 3, CNA1°T~1~ 25 (zOt~11NG CO[7>=) of THE HAYVAIt COUNTY CoDC 87' CHANGING THC b1STi~1C'T' CLASSIFICATION FROM UN- PLANNC-l7 (U~ 'I"o VILLAGC- CONING-I~C1AL (G~/-7--~) AT KAF-lAL.IJU, NORTH KoNA, t-IAYVf~II- PREPARED oY ' PLANNING O~PARTM C-NT COUNTY of HAWAII TMK:7-8-I O:PORTION OF 2 (FORMERLY PORTION OF 4) Mnr 5, 1997 OFFICE OF THE COUNTY CLERK County of Hawaii Arlo ,Hawaii ROLL CALL VOTE Introduced By: Takashi Domingo _ Date Introduced: March 6 , 1991 AYES NOES ABS EX First Reading: March 6, 1991 ARAKAKI X Published: DE LIMA X DOMINGO X R_F.MARKS: HALE X Approve & adopt Bill on first reading & K,AGIKUBUN X re er to PC - - MAKUAKANE - RUDDLE X _ SCHUTTE X _ 0 Second Reading: Mav 20, 1997 D~,1, 2 ROLL CALL VOTE To Mayor: N/A Returned: N/A AYES NOES ABS EX Effective: N/A RAfCAICI Published: N/A X X REMARKS: X 05/20/97 -Defer to next Council meeting for SANTANGEL,O X a third reading vote, due to length between SMITH X - lst and 2nd readina, and new Counci]memUers. TYLER X YAGONG X _ 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved/Disapproved this day of 19 391 (Draft 2 ) MAYOR, COUNTY OF HAWAII Bill No.: Reference: C-254.01/2257/1991/PC-51 Ord. No.: OFFICE OF TILE COUNTY CLERK County of Hawaii Hilo ~ H3W811 rr'^_ i- ROLL CALL VOTE Introduced By: OC'. , AYES ;NOES ABS EX Date Introduced: Arakaki 'i _v,: ~ .I First Reading: _ Chung _ _ Published: Leithead-Todd Ray - RENIARKS.~ Reynolds Santangelo Smith _ Tyler - Y~Zgong Third ROLL CALI, VOTE %~'c1943dReading: June 2, 1997 _ _ 'To Mayor: June 3, 1997 AYES NOES ABS EX Returned: June 9, 1997 Arakaki X Effective: June 9, 1997 Chung X Published: June 17, 1997 Lei[head-Todd X Ray REMARKS: Reynolds X Santangelo X - - Smith X Tyler X Yagong 8 0 1 0 I D(7 HEREBY CE/j~,~~~hya~~the f~re~~ing BIL! was adopted by the County Council and published as indicated above. ~t A E®~ jANQ LEG Y: DEPUTY CORPORATION COUNSEL_ , COUNTY OF HAWAII j / / r; „a~,o,u;~ Date Ci/ ~~7 7 Approved/t#m~ZOVed this ~ _day C UNCIL CHA/RMAN °f 79 7 / _ I. COUNTY CGERK V~ ~ ~ ` ~ % ~r ~ ~Y/AYOR, COUNf'YOf%HAWAtl Bill No.: 391 (Draft 2 ) Reference: C-254.01/2257/1991/PC-51 Ord. No.: .9~ ~.9