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Home My WebLink AboutBIL 318 Draft 01 1998-2000 COUNTY OF HAW~> STATE OF HAWAII BILL NO. 318 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 91 116 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A-la) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT KEONEPOKO, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-07:20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91 116 is amended as follows: "SECTION 1. Section [25-107] 2~$~2, 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 Keonepoko, Puna, Hawaii, shall be Neighborhood Commercial (CN-20): Beginning at a point at the southeast corner of this parcel of land and on the northerly side of Kahakai Boulevazd, the coordinates of said point of beginning refereed to Government Survey Triangulation Station "olaa" being 34,554.85 feet South and 35,137.78 feet East and running by azimuths measured clockwise from true South: 1. 70° 34' 732.05 feet along the northerly side of Kahakai Boulevazd to a point at the easterly side of the Keaau-Pahoa Road (F.A.S.P. No. 5-0130 (8)); thence along the easterly side of the Keaau-Pahoa Road (F.A.S.P. No. 5-0130 (8)) for the next three (3) courses along a curve to the left having a radius of 2,904.79 feet, the chord azimuths and distances being: 2. 152° 15' 29.2" 216.99 feet; -1- 3. 149° 43' 03.4" 40.56 feet; 4. 149° Ol' 01.7" 30.47 feet; 5. 148° 43' 49.91 feet along the easterly side of the Keaau-Pahoa Road (F.A.S.P. No. 5-0130 (8)); 6. 238° 43' 10.00 feet along a jog in the Keaau-Pahoa Road Project No. RS-0130 (18); thence along the easterly side of Keaau-Pahoa Road Project No. RS-0130 (18) along a curve to the right having a radius of 180.00 feet, the chord azimuth and distance being: 7. 177° 40' 35" 174.31 feet; thence along the Keaau-Pahoa Road Project No. RS-0130 (18) along a curve to the right having a radius of 39.87 feet, the chord azimuth and distance being: 8. 249° 48' 32" 54.56 feet; thence along the southerly side of the Keaau-Pahoa Road Project No. RS-0130 (18) along a curve to the left having a radius of 1,370.00 feet, the chord azimuth and distance being: 9. 289° 59' 27" 142.96 feet; 10. 287° 00' 353.36 feet along the southerly side of the Keaau-Pahoa Road Project No. RS-0130 (18); 11. 197° 00' 10.00 feet along a jog in the Keaau-Pahoa Road Project No. RS-0130 (l8); 12. 287° 00' 298.51 feet along the southerly side of the Keaau-Pahoa Road Project No. RS-0130 (18); thence along the southerly side of the Keaau-Pahoa -2- Road Project No. RS-0130 (18) along a curve to the right having a radius of 1,940.00 feet, the chord azimuth and distance being: 13. 287° 31' 43.5" 35.81 feet; 14. 328° 50' 11.43 feet along a jog in the Keaau-Pahoa Road Project No. RS-0130 (18) to the point of beginning and containing an azea of 4.901 Acres. 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) [final Plan Approval for the development shall be secured from the Planning Department within one year from the effective date of the change of zone. 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;] Construction of anv development on the subject proper shall be completed within five X51 veazs from the effective date of this amendment. provided however that chould there be no substantial construction on the site. the provisions of Condition K shall not apply Prior to commencing construction. Final Plan Approval shall be secured from the planning Director in accordance with Chanter 25-2-72 25-2-73. and 25-4-7 of the Zug Code. Plans shall identify the proposed structures. landscavi~g. fire protection measures. paved driveway and pazking stalls associated with the proposed uses. Landscaping shall be indicated on the plans and be provided for -3- f*he p~pose of miti~atinp any adverse noise or visual ia7pa t to a 'a . n properties. [(C) Construction shall commence within one yeaz from the date of receipt of Final Plan Approval and shall be completed within two years thereafter;] [(D)] ~ curbs, gutters, sidewalk and pavement improvements shall be provided within the Kahakai Boulevazd extension right-of--way fronting the property meeting with the approval of the Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development. Further, a 25-foot radius shall be provided at the Kahakai Boulevard-Pahoa Road intersection. In order to construct the commercial standard road, utilities shall be relocated, if necessary; [(E)] ~ access to the property shall meet with the approval of the Department of Public Works. Direct access to the property shall be limited only to the Kahakai Boulevazd extension. Improvements at the intersection of Kahakai Boulevard and Pahoa Road, which shall include the provision of left-and right-tum lanes on Kahakai Boulevard extension, and alert-turn lane on Pahoa Road, shall be installed as required by the Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development; [(F)] improvements, if any, to the Pahoa By-Pass Road, which may include extending the left-turn storage lane leading to the connector road, shall be installed as required by the State Depaztment ofTransportation-Highways Division, prior to receipt of a certificate of occupancy for any portion of the development; [(G)] ~ a drainage system shall be installed meeting with the approval of the Department of Public Works; ' -4- [(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 azchaeological clearance from the Planning Depaztment when it finds that sufficient mitigative measures have been taken; [(I)] ~ all other laws, rules, regulations and requirements of State and County agencies shall be complied with; [(J)] ~ 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 the Unified Impact Fees Ordinance; [(K)] (,T 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 aze 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 aze 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 aze not the result of their fault or negligence; -5- 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 not to exceed the period originally granted for performance (i.e., a condition to be performed within one yeaz may be extended for up to one additional yeaz); 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 2. Material to be deleted is bracketed. New material is underscored. 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. 1NTRODUCED BY: i COUNCIL MEMBER, COUNTY OF HAWAII -6- Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERCPJCt: Gomm. 919 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -7- FOR REFERENCE ONLY r A~s~ T,~ cm_g ~ ®RTH ~0~ A°~® Z ~N D7C 1 A-s® D A-s® A 59 w® ~j ASK.. - ® ~ ° Vt~T LlF2Ap' A-So p,GRI ~ t ~'9 ~ ~ ~ - A "OLAA' m ..py,N®P A /50 / ~ A 1a A In AGR)CU6.TURAL (A-)o) ~ TO )yE1GHBORHOOp ®oMMEt~CIAL (cRt-moo) ~ AIQ~A = 4_x®1 ACt2~5 ` A to pA H OA -r A to RpAD p~~pA KGAp.t3 A-Iq KE APU A la A la A-'2® o ® I A~r~rw®rrv~ s~crt®~r ~r~~ (~~rr®.~ z®tv~ rvr,~~) ~,.~r~Arr c®urv`[°~ ~r~rA)v~tr\r~ ~r~r~ r~~-r~tc°r° ~LAS~r~~~~~,~r~ ~~®r~ ,~~r~)~4.a~-T°~~,~r~ C~~+.~r~~ °r~ r~a~r~r~?,-~~-r~.°~~~ ~°~r~r~~r~c?A~. (~~r-~~7 °i, ~~~r°~1~~'C~9®a r~'°''t--~~?-'°7 -e~, ;•.,~~-r:~..3~"'~~r'~errs 5