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Home My WebLink AboutBIL 311 Draft 01 1998-2000 ~OLJNTY OF HAVITAII STATE OF HAVOTAII BILL N®. 311 ORDINANCE iVO. AN ORDINANCE 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 3'~, DISTRICT OF NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-18:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-5, Article 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 ofthc following area situated at Puaa 3rd, District of North Kona, Hawaii, shall be Village Commercial (CV-10): Beginning at a 3/<" pipe at the southeast comer of this parcel of land, the coordinates of said point referred to Government Survey Triangulation Station "KAHELO" being 3717.89 feet north and 1032.45 feet West, and running by azimuths measured clockwise from true South: 1. 78° 14' 30" 2Q56 feet along Grant 4344, Apana 1. Thence along a curve to the left having a radius of 5754.70 feet, the direct chord azimuth and distance being: 2. 162° 19' 28" 132.00 feet to a'/<" pipe; 3. 258° 28' 3J.70 feet along Grant 4037, Apana 1. 4. 352° 1 T 30" 70.47 feet along L.C.Aw. 7081 to Kaiwikui; -I- 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 chazcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning 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 Unified Impact Fees Ordinance. G. An initial 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 aze 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 contrazy 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 timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other pazts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~c~ CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENGE~ Gomm. 907 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -4- r;M - 2 TRUE Soo% /,~~RTy IZM - 9 3pp~ A - la Rb - 3.75 A-la RM-9 ~0 A-la Y2M - 1.25 N ~5 RM - 2 Pte( A - a N~~N\N cv-lo k0-3.75 Q KNAKIM cv-lo ~_lo & ROAD i V I ~_I ~JP KS-10 J RM - I SIP MULTIPLE FAMILY ~7 35 RESIDENTIAL (RM-1 TO cv-lo v-I xM VILLAGE COMMERCIAL CV-10) ;;y -~o cv-lo AREA: 3,789 SQ. FT. cV - I RS - 10 S~J5 V-.75 O ALII - 4,261.13 5 V-95 DRIVE 125-10 cv-to ~ 2,017.14 E V - .75 "KAILUA" ~ RS - 10 V-9y V-J5 _ RS-10 V-.75 ~5- 7.5 ana ~ ~ ote///r 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 G CLAY)