The URL can be used to link to this page

Home My WebLink AboutORD 2000-122 1998-2000 BOUNTY OF I-iAtiVAII STATE OF HAWAII I3I~L NO. 31 7 ORDINANCE NO. 00 122 AN ORDINANCE A:VIENDII~'G SECTION 25-8-5 (KAILUA URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO VILLAGE COM~IERC[AL (CV-10) AT PUAA 3RD, DISTRICT OF NORTH KONA, HA~'~'AII, COVERED BY TAX MAP KEY 7-5-18 15 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1 Seaton 25-8-5, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the dtstnct ~lasstticatton ofproperty described hereinafter as follows The dtstnct classification of the following azea situated at Puaa 3rd, District of North Kona, Hawau, shall be Village Commercial (CV-10) Begmmng at a'/;' pipe at the southeast comer of [his parcel of land, the coordinates of said point refened to Govenunent Survey Triangulation Station "KAHELO" being 3717 89 feet north and 1032 45 feet West, and running by azimuths measured clockwise from trite South 1 78° 14' 30" 2U ~6 feet along Grant 4344, Apana 1 Thence along a curve to the left having a radins of 574 70 feet, the direct chord azimuth and distance being 2 162° 19' 28" 132 00 feet to a'/;' pipe, 3 258° 28' 39 '0 feet along Grant 4037, Apana 1 4 352° 1 T 30" ti -17 feet along L C Aw 7081 to Kaiwikui, -1- 5 348° 46' 60 86 feet along L C Aw 7081 to Kaiwikui to the point of beginning Containing an Area of 3,789 Square Feet, or thereabouts 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 requirements of Chapter 205A, Hawaii Revised Statutes and Planning Commission Rule No 9 regarding the Special Management Area prior to commencing any land alteration or development activities within the subject property C The applicant shall consolidate the subject property (TMK 7-5-18 15) with the adjoining property to the east (TMK 7-5-18 14) with Final Consolidation Approval to be secured within one (1) year from the effective date of this ordinance D The applicant shall comply with the requirements specified within Change of Zone Ordinance No 96-34 -2- E Should any unidentified sites or remains such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavtngs or walls be encountered, work in the irnmediate area shall cease and the Planning Director shall be immediately notified Subsequent work shall proceed upon an archaeological clearance from the Plannmg Director when it finds that sufficient mitigative measures have been taken. F 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 Umfied ]mpact Fees Ordinance G An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Dtrector 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 may be extended for up to one additional year) -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 H Should any of the conditions not be met or substantially complied with in a amely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designauon SECTION 3 In the event that any portion of this ordinance is declazed invalid, such mvahdrty shall not affect the other parts of this ordinance SECTION 4 This ordinance shall take effect upon its approval INTRODUCED BY c.e CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawau Date of Introduction October 4, 2000 Date oflstReading October 4, 2000 Date of 2nd Reading October 18 , 2000 Effective Date Oc ber 30, 2000 RfFERENGEi Comm. 90~ APPROVED AS TO FORM AND LEGALITY , CORPORATION CO EL DATED 1~Y~ -4- Rrn - 2 sco~UE NORTy RP.~-9 `app A-la Rp-375 A- a RM"9 la L~.~O RM - 25 ~ ~5 Rr.+ - z ~ p,~( A - la N~GN a -10 A:-D~5 Q Cl0 ~ KUAKIN~ Rs - to ROAD i V-I ~ RM"I ~JP' RS-10 RM - I y>P MULTIPLE FAMILY RESIDENTIAL (RM-1 TO ~`J~1O RM"I VILLAGE COMMERCIAL CV-10) ~5 c~ - 10 AREA: 3,789 SQ. FT. GV-10 ~"I.O ~5 V - 75 O ALIT - 4,26t t3 5 DRIV P.t-10 CV-10 2,on to E - i~ E " HAILUA ~ ^ PS " ~O J " 75 V " 75 \ I _ RS - IC ona ~ ~ ~ote~ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, 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 15 JULY 20 2000 EXHIBIT "A' !JAMES ~ cvr7 OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii E !"o ~ , - Rbl.:l:>` CALL VOTE S NOES ABS EX Introduced By: Bobby Jean Leithead-Todd A i Date Introduced: October 4, 2 0 0 0 Chung r-~ X First Readin October 4 2000 Published: N/A Jacobson X Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 7 0 2 0 Second Reading: October 18 , 2 0 0 0 ROLL CALL VOTE To Mayor: October 24, 2000 AYES NOES ABS EX Returned: October 30, 2000 Arakaki x Effective: October 30, 2000 Chung X Published: November 6, 2000 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Co7rnty Council published as indicated above. APPROVED AS TO FORMA L CORPORATION COUNSEL - COUNTY OF HAWAII NC7L C'HAIRA.L4N Date l~l ~y~w 1~'TY CLERK Approved/L~'~fprm~d this 3 ~ clnv of ~ C'~ ~'~''4 , 20 Od Bill No.: 311 d AYOR, COZ TYOFHAWAII Reference: C-907/PC-115 Ord. No.: O 0 122