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Home My WebLink AboutBIL 310 Draft 02 1998-2000 ~C p t'd'.6 i'i..`~ COUNTY OF HAW ~ ~ ~ a ~~TATE OF HAWAII N `s:~, Q, BILL NO. 310 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 97-79, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) TO VILLAGE COMMERCIAL (CV-7.5) ZONED DISTRICT AT KAHALUU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-8-10:94 (FORMERLY PORTION OF 2). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 97-79 is amended as follows: "SECTION 1. Section [25-87] 25-8-6, Article [3] 8, 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 parcel 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. Kamamalu; 5. 211° 03' 194.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu; 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 Kamehameha 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 year] five years from the effective date of [the change of zone] this amendment; (C) the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment -2- 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 years from the effective date of [this change of zone ordinance] the SMA Use Permit, 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 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 aze 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 sidewalk 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 -3- 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 prepaze 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 Depaztment of Public Works; (I) the applicant shall connect to it existing sewage treatment plant neaz Heeia Bay meeting with the requirements of the appropriate agency; (J) two copies of an archaeological data recovery plan shall be submitted for review and approval by 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 walls be encountered, work in the immediate azea 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 archaeological clearance 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; -4- (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 with and the Planning Director acknowledges that further reports are 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 are 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 year); and] Any further extension of time for the performance of conditions within this ordinance shall require -5- approval by the County Council. (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 2. Material to be deleted is bracketed. New material is underscored. 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: CE~`~ ' c'~~' O CI MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 906.002 APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATED: -6- ra ~ i I I I R9 i9 ~~1 RM'j 9 K I.q'glNq 9 ° 9T RCS ~ R1 ,g Z•RVE N oRTH ° SGALC I'• ~ 400• KeNA ceve~Tr-v c~us ~+o~P couR3s `~u~k ~ FOR INFORMATIONAL PURPOSES ONLY ~1•i tii 01 ('WrvtEry,q ° o ~ RpA~aq``EryA RM-9 yT~. RM•D 17• -Q•1>•~• 1S e6 41.•3.. •~•-13.00 Z16•C3 170.00• R• 450.00 UNPLANNtD (U) 4e+-na 97' 00'25'• TO ~/iLLAGC nso.oo COMMC-RC1AL GV-7.5) RM~D AREA = 10. X75 ACRES g an• o~' 1~4.oe 1s a • 3~'_-- y~ co~•,9 ~ •e9> ,r Air • 200.00 n, Sgvr+yo`@ O Ov-79 ~ 160.00• '2?5-oe ry 1~1°43• I KL~AIIN OU cv-78 194.00 I SN Orr•N3 1 CR1'+TOR I 1 V•`•PLr~N1vpP (U~ I 1 1 _ I I c..-7.5 I ALti HIGHWAY G RM'.J JPO RM-Z RM-~ RM-.J AMENDMENT TO THE ZONING CODE AMCNL7iNG 5C-CT1oN 25-87 ~NOf~TH KO1JA ZONC- MAP) A1~TiCLE CHAPT~1~ 25 (ZO1~11NG COt~C--) of THE HAYYAtt COUN't'7' CobC- B'7' Cl-IF~N~ING THC I01ST1~iCT C~-ASS1>=tCATiOt`i FROM UN- PLANN!"p (U~ -T-O VILLAGC- COMMC-1~Cif'~L- ~GV-7.r~--) AT t<A1-fALUU, NORTH KoNA, HA!'vAll_ PRC PAR2=D ~Y ~ PI-ANNING 6CPAriTM ENT GaurvTY c~ HAVVAiI 'r1K:7-8-I O:PORTION OF (FORMERLY PORTION OF 4) MAY 5. 1997 EXHIBIT A