HomeMy WebLinkAboutORD 1995-012 1994-1996COUNTY OF HAWAII; . STATE OF HAWAII
BILL NO. 336
(Draft 2)
ORDINANCE NO. 95 12
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITIONS OF ORDINANCE NO. 684,
AS AMENDED BY ORDINANCE NO. 90-83, WHICH RECLASSIFIED 25.783
ACRES OF LAND FROM AGRICULTURAL (A-la) TO GENERAL COMMERCIAL
(CG-20) AT LANIHAU 2ND AND MOEAUOA 2ND, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-04:7.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 684, as amended by Ordinance
No. 90-83, is further amended as follows:
"This subsection is conditioned upon the following:
A. The petitioner, successors, or assigns shall be responsible
for complying with all of the stated conditions of approval.
B. That the conditions as outlined in Change of Zone Ordinance
No. 566 (TMK: 7-5-04:10 and 28) be complied with and shall
also be applicable to this request.
C. That plans for Phase I shall be submitted and Final Plan
Approval secured within one (1) year from the effective
date of approval of the change of zone.
D. That construction of Phase I commence within one (1) year
from the date of receipt of Final Plan Approval and be
completed within three (3) years thereafter.
E. That construction of Phase II shall commence on or before
September 30, 1991, and be completed [within three (3)
years thereafter] on or before September 30, 1999.
F. That accesses to the proposed development shall meet with
the approval of the Department of Public Works, and the
State Department of Transportation, Highways Division where
applicable.
G. That improvements shall be made to Kuakini Highway as
determined by the County Department of Public Works.
H. That Henry Street shall be improved with curbs, gutters and
sidewalks in accordance with the requirements of the
Department of Public Works.
I. That the method of sewage disposal shall meet with approval
of the appropriate County and State agencies.
J. That a detailed drainage study and proposed improvements
shall be submitted at the time of plan approval to the
Department of Public Works and Planning Department.
K. That the requirements of the Department of Water Supply
shall be complied with.
L. That prior to any work being done on the archaeological
sites on the property, clearance must first be obtained
from the Planning Department. Further, should any sites be
uncovered during land preparation activity, work shall
immediately cease and the Planning Department shall be
notified. Work shall not resume unless clearance is
obtained from the Planning Department.
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
[may, at the developer's election, be satisfied by
performance in accordance with] shall be credited towards
the requirements of the Unified Impact Fees Ordinance.
-2-
N. An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
effective date of the zone change. 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 with and the Planning Director
acknowledges that further reports are not required.
O. That all other applicable rules, regulations, and
requirements shall be complied with.
P. Should any of the foregoing conditions not be met, rezoning
of the area to its original or more appropriate designation
shall be initiated."
SECTION 2. Material to be deleted is bracketed. New material
is underscored.
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.
SECTION 4. This ordinance shall be effective upon its approval.
INTRODUCED BY:
tr~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 30, 1994
Date of 1st Reading: November 30, 1994
Date of 2nd Reading: December 21, 1994
Effective Date: December 30, 1994
-3-
..
A-le
TRUE NORTH
SCALE =1"s400'
U~yr`/~NNNO \
\\
Li 'i:,- .~ S l
o.
I- ,~. .~
c
~ / '~
p.
4 ~•/
,AGfttOU~.TURAL>;,
•. ,(A-lo) TO GENERAL% .
COMMEIQGAL (CG 80) S
~' ,AREA,' Z9.7B3 ACRES
y- .. i / /
~ • '.'~.
COQ ~ . /','.. . //•
a
v
ed,~G
~'. ~ ~-o
U ~~ tati -
p0 Uy 03-80
qn 0
as n^ \ ~~
/ e ~'
i
cam- le
KONA eOgpT
9NOf rINO C~NTQR
'/
\ _ \
Rs-l. \
i
%%~
ce-ae
•O ~~ {y .a~v.~ r.
^`_/ ~ fi
/a0 f
•L ~~^,.
~! ~ { -
79
r
n
• ~/
t r c V.
~9 ~^`~ r .~ .~
~:;, ' .r
~/ r ; .
9 ~~,
1'~Q
Vo ~~ f L• ~ M
4 s, ~ ~ /3/Q//'/~\\\\ ~ i
°f ~ • ~ (~ ~
A~ ~
e
RAIL ~lA
H)•
H-
V ~ ~g
AMENDMENT TO~~ THE ZONING CODE
AMENDMENT N0.54 TO SECTION 7.0"'c (THE NORTH KONA 20NE
MAp) ARTICLE Z, =MAf TER 8 (ZONING CODE) OF THE HAYIAII
COUNTY COON, AS Ai,/IENDED, 13Y CHANGING THE- DISTRICT
CLA551FICATICN FROi`'t AGRICULTURAL (A-1 o) TO GENERAL
COMMERCIAL ~CG-ZO% AT t_ANIHAU SND AND MO>=AUOA END,
NORTH KONA, 1'iPWAII.
vATE OF PUI9 LIC HEARING FB B• 11, 1981
EPF6CTIVB vATG ~ APRIL 10, 1°,781
ORAI~JAN CG NUMB ANN NG ~BFARTI~I~NT
pRL=1"ARev By CL7U NT7 OF' HAWAII
JAN. -''cG, I~Bt
.~. ~_ _e-a6 :7
s ~~
5 r
a s7
Z S
t
S~
r~0
0 ~ /
1
~ ~P ° i
/ ~
i
~®~~
EXHIBIT "A'
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii _
`fi`t ACC v0 ,irl 11 L1
Introduced By: Takashi Domingo
Date Introduced: Novanber 30, 1994
First Reading: Novanber 30, 1994
Published: N/A
REMARKS:
Second Reading: December 21, 1994
To Mayor: December 22, 1994
Returned: naramhar ~(1 1994
Effective: naramhar 4n 7994
Published: t o n,~ R, 1 9 9 5
IDRAFP 21 -
R~Sil •Ct1LL' VOTE I I
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON
CHILDS X
DE LIMA X
DOMINGO X
HALE
RATH X
ROSEHILL
SCHU7TE X
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON X
CHILD3 X
DE LIMA
DOMINGO X
OSORIO
BATH X
RAY X
SMTIFI X
8 0 1 0
I DO HEREBY CERTTFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
r.?PROVED a3 fo
FORM~or+~ l':7?•LIl
~RPORATION CJUN~EL
COUNTY OF HAWAII
Date
~~ ~<
COUNCILC~HAIRMAN
CO CLERK
Approved/Basctpeed this 3 `"~ day
,-
MAYOR, COUNT' OF HAWAII
Bill No.: 336 (Draft 2 )
Reference: C-1402/FC-144
Ord. No.: ~ti