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Home My WebLink AboutORD 1994-056 1992-1994COUNTY OF HAWAII STATE OF HAWAII BILL NO. 230 ORDINANCE NO. 94 56 AN ORDINANCE AMENDING SECTION 25-95-E (LALAMILO-PWKAPU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT PWKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-24:22. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95-E, 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 Puukapu, Waimea, South Kohala, Hawaii, shall be Neighborhood Commercial (CN-10): Beginning at a pipe at the North East corner of this parcel of land, at the North West corner of Lot 15 of Puukapu Homesteads - 2nd Series and on the Southerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Triangulation Station "WEST BASE" being 25.31 feet North and 3,016.47 feet East and running by azimuths measured clockwise from true South: 1. 329° 05' 30" 2. 53° 12' 30" 238.18 feet along Lot 15 of Puukapu Homesteads to Lot 1-A of Land Court Application No. 1252 and a (found) pipe; 105.86 feet along Lot 1-A of Ld. Ct. App. No. 1252 to a (found) pipe; 3. 149° 07' 30" 4. 250° 19' 30" 269.92 feet along the remainder of Land Patent Grant No. 4268 to Z. Paakiki to the Southerly side of Mamalahoa Highway and a (found) railroad spike; 107.20 feet along the Southerly side of Mamalahoa Highway to the point of beginning and containing 26,732 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, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) Final Plan Approval, pursuant to Section 25-242 of the Zoning Code, shall be secured from the Planning Director for any new development on the property including the remodeling of existing improvements. Plans shall indicate existing and proposed structures, parking, driveway circulation, landscaping, and a 10-foot wide road widening strip along the property's Mamalahoa Highway frontage. Structures shall be sited and landscaping provided for the purpose of mitigating noise and visual impacts to adjacent properties and from Mamalahoa Highway; (C) construction of the new proposed development shall be completed within five years from the effective date of this Ordinance; (D) the applicant shall provide street lighting and curb, gutter and sidewalk improvements along the Mamalahoa Highway frontage meeting the approval of the Department of Public Works and shall dedicate the road widening strip and -2- improvements to the County prior to issuance of a certificate of occupancy for any new development on this property; (E) drainage system improvements for any new development, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works. In addition, as portions of the subject property are within the Flood Zone "AE" with floodways, all new construction on the subject parcel shall meet with the requirements of the Department of Public Works; (F) water demand calculations shall be submitted to the Department of Water Supply for review and approval, prior to the issuance of Final Plan Approval for the new proposed development; (G) the applicant shall utilize design and landscaping guidelines of the Waimea Design Plan and recommendations from the Waimea Community Association for any new development; (H) the applicant shall comply with all other applicable laws, rules, regulations and requirements of the affected agencies, including those of the Department of Health, Fire Department, Public Works and Department of Water Supply; (I) should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (J) should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria for -3- imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; (K) upon securing final plan approval for the new development, a status report shall be submitted to the Planning Director. Subsequently, an annual report shall be submitted prior to the anniversary date of the effective date of the change of zone and 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 (L) 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 addition 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 -4- 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: r COUNCIL MEMBE COUNT OF HAWAII Hilo, Hawaii Date of Introduction: April 27, 1994 Date of 1st Reading: April 27, 1994 Date of 2nd Reading: May 11, 1994 Effective Date: May 18, 1994 APPROVED AS TO FORM AND LEGALITY: ''~f'~~'.y CORPORATION COUNSEL DATED: MAR 1 4 '^^a -5- N U AKSa AQRiCU1..TURAL (A-Sc~ To NE16i-n9oRHOOD I COMNI!_IQCIAL (CN-f0) AF2EA ~6,73~ 9Q.P'T• cv~~o ZgOe i9~; i A-5w ~C>,~O ._ CO 60 ~5 A-i 4oe ~ 3q cN-~S A R9 A ',~Sq ___~~ 59°11'30" 1106. D6 I ~_~ l I '~ \~ A~Sq ~~ A- So \~ v '. ,..~ I ti A-Sa AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 - °JS E (LALAivI1LA-pUUt~CAAU 20NE MAp) ARTICLE ~, CHAp7-Ert 25 (ZOP11N6 COUE~ of THE HAWAII COUNT7' CO~E~ B7 CHANG- ING THE D18'r'RICT CLA~s1FICAT103V FROM A6Rl- CULTURAL (A-9q~ To NEIL-aHBOlQHOOA C01y1MEt@CiAL (cN- lo) AT Pt1t--1'~APU, WAIMEA, SouTH KOHALA , HAWAII PREPARCD BY > pLANNINQ DEPARTMENT coUNTY o>= HAWAII FBB. 4, t994 EXHIBIT ,tQ" (TotSAN AS SOCfATCS~ OFFICE OF THE COUN'T'Y CLERK County oP Hawaii Hilo ,Hawaii f", __ ._I Y .. _. '9`t Pifl't 13 Pi I i 2~ Introduced By: Date Introduced: First Reading: Published: Takashi Domingo April 27, 1994 April 27, 1994 Second Reading: To Mayor. Returned: Effective: Published: REMARKS: May 11, 1994 MaV 12, 1994 May 18 . 19 9 4 May 18. 19194 Mav 25. 1994 ~•-~ ,;~ ROLL CALL VOTE AYES NOES ABS EX nxnxnla BONK-ABRAMSON CHILDS DE LIMA DOMINGO HALE BATH ROSEHILL SCHITITE ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X BONK-ABRAMSON X CHILDS DE LIMA X DOMINGO HALE RATH ROSEHILL X SCHUTTE X I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED as to FORM r GALITY C RPORATION COUNSEL COUNTY Of HAWAII Date ~AY 1 7 1994 this ~ day ,19 HAWAII Bi11No.: ~'tn Reference: g53/~~-106 Ord. No.: ~b