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Home My WebLink AboutORD 1992-062 1992-1994COUNTY OF HAWAII " STATE OF HAWAII BILL NO. sza (Draft 4) ORDINANCE NO. 92 62 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 FAMILY RESIDENTIAL (RM-1) TO VILLAGE COMMERCIAL (CV-7.5) AT HONUAULA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-22:29. 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 classification of property described hereinafter as follows: The district classification of the following area situated at Honuaula, North Kona, Hawaii, shall be Village Commercial (CV-7.5): Beginning at the east corner of this piece of land, the north corner of Lot 57 and on the westerly side of Kalawa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" being 1199.86 feet south and 1424.73 feet east and running by true azimuths measured clockwise from true South: 1. 61° 59' 120.00 feet along the northerly side of Lot 57; 2. 151° 59' 62.50 feet along the easterly side of Lot 51; 3. 241° 59' 120.00 feet along the southerly side of Lot 59; 4. 331° 59' 62.50 feet along the easterly side of Kalawa Street to the point of beginning and containing an area of 7,500 square feet, more or less. 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 comply with all stated conditions of approval; (B) the applicant shall secure final approval for consolidation of parcels identified as TMK: 7-5-22:29 and 7-5-22:5 within one year of the effective date of this change of zone; (C) final Plan Approval for the development shall be secured from the Planning Department within one year from the date of consolidation approval. 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. Pedestrian and vehicular traffic circulation shall be provided between the eaisting and proposed portions of the development; (D) construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter; (E) curbs, gutters, sidewalks and pavement improvements shall be provided along the Kalawa Street frontage of the property meeting with the approval of the -2- Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development; (F) a 5-foot wide future road widening strip along the frontage of Kalawa Street shall be set aside and delineated on the plans submitted for plan approval. The structural setbacks shall be observed from the future road widening line; (G) no buildings shall be constructed over the sewer easement which traverses the property, unless otherwise approved by the Department of Public Works; (H) 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 shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (i) prior to Final Plan Approval for the project, should the County determine that additional improvements in the project area are required (i.e. roadways, parks, police, fire, etc.), the applicant and its successors or assigns shall pay or contribute its pro rata share of such additional improvements. Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees; -3- (J) all other laws, rules, regulations and requirements of State and County agencies shall be complied with; (K) 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 performance in accordance with the requirements of the Unified Impact Fees Ordinance; (L) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this change of zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are. being complied with. 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, (M) 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 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 -4- not to exceed theperiod originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 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 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 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~~ COUNCIL MEMBER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: December 18, 1991 Date of 1st Reading: December 18, 1991 Date of 2nd Reading: June 3, 1992 Effective Date: June 16, 1992 APPROVED AS TO FORM AND LEGALITY: Dep Corporation Counsel -5- rzn a75 ~ T3D-9-7- RM I !'--~ N S r ~ H R ~ R!~-3 JS Q Q O ` R . X 3 ry Z D of ALAN ~ , I ~ ~ r rzM.1 iO O Q / z ~ D rzo ~-~z , / r~o-3-~5 r m m Q D -i - p J y L re o °-vs F Q, / 'l ~ RO 9-7- ~ LY RM 1 RI`I 1 RM- I CV-7.5 RM 1 -' STREET `AHOU m A N ? m -{ n -1 MULTIPLE FAMILY ~, m n^^ 1 ~ RESIDENTIAL (RM-I) ~ O m TO VILLAGE o h ~~' m coMMERCIAL_ ~CV-7_S~ e _ 5 ~ -{ c,.-zs R -, AREA = 7, 50o SQ_ FT cv_ - ~p9 1 RM-1 /~Q• STREET wP P' K 1199_ 6 s ~ ~ z41 ° 59' 10.00 ~ I424p3 6 ~ o.V f cV-Z5 E MER OIAN O J _7- ~' Cv25 C_ CV 75 ~l J U Z rya 1 T` i 1 6'2 .SG 0 00 12 /r -.~~ Cv-z5 l `y\ 7.5 \.y0. 1'(UAKINI cv-~-s r T n. _ D ~ Z ° D Q 3 ~ ~ Q ~~-~ s ~ Q Z ~ f = 0 AMENDMENT TO THE ZONIN KEAV HoU --~ V-J5 ,.-.mss CODE AMENDINC3 SC-CT10N 25-8°~ (KAILUA URBAN ZONE MAP) ARTICLE 3, CHAI°TCR ~5 (ZOIVINQ CO~E~ OF THE HAWAII COUNTY CObe By CFfANGING THE DI'3TRlGT CLASSlF1CATION F140M MULTII°LE FAM1Ly RESI - pENT1AL (t4M-1) T'O VILLAGE COMMEIQCIAL (CV-7_S~ AT NONUAULA, NOI?TH T'CONA, l1A1NAil_ PREPARED 9Y P~-ANNING DEPARTMENT GOtJNTY OF HAWAII K = 7-5-"2~ = 2°~ HIGHWAY ser=-r Ig, I~~r EXHIBIT °A° cHP= ~ A55oG1ATES~