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Home My WebLink AboutBIL 391 Draft 01 1988-1992 a ��pxNt COUNTY OF HAWAII n T %STATE OF HAWAII _.+ `'" BILL NO. 391 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -87 (NORTH KONA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT. CLASSIFICATION FROM UNPLANNED (U) TO VILLAGE COMMERCIAL (CV -7.5) AT KAHALUU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7 -8 -10:4 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -87, 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 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, 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 comply with all of the stated conditions of approval; (B) an SMA Use Permit application for the development -2- shall be submitted to the Planning Department within one year from the effective date of the change of zone; (C) final Plan Approval of the proposed development shall be secured from the Planning Department within one year from the date of approval of the SMA Use Permit. 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; (D) construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (E) access to the project site shall meet with the approval of the Department of Public Works. The following intersections shall be signalized and channelized at such time as required by the Department of Public Works: (1) two existing Shopping Village driveways at Kamehameha III Road and Alii Drive; (2) Alii Drive - Kamehameha III Road intersection; and (3) the proposed mauka office complex driveway - Kamehameha III Road; (F) curbs, gutters and sidewalks shall be constructed along the frontage of the affected zoned area 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 commercial development; (G) a drainage system shall be installed meeting with the approval of the Department of Public Works; (H) two copies of an archaeological -3- data recovery plan shall be submitted for review and approval to the Planning Department 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 site;. (I) 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 archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (J) comply with all other applicable laws, rules, regulations and requirements; (K) 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 developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (L) 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 and the Planning -4- Director acknowledges that further reports are not required; and, (M) 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 5) if the applicants should require an additional extension of time, the Planning Director shall submit the applicants' 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 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -5- i' • • SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUb ,IL MEMBE , COUN • OF HAWAI I Hilo, Hawaii Date of Introduction: March 6, 1991 Date of 1st Reading: March 6, 1991 Date of 2nd Reading: Effective Date: -6- .02011111.1.01=■r11Mev, -� r p R9 19 ® RM -8.6 K 1 N err rTo t ffi ► r SCALAR 1 a400 • 1(ONA Cou NTRY G Lms w4 eoLP CouR9D Ib S els } KAt91 ~�tMB}.I,q _ --:�0 RM - atra. 10, RM'9 unPLANNOO (u) 4 0.p0 - e � 29°ete42.D '' 99 8.00 21.62 R 8 ° 490.00 270 °00' UNP LAN NCC (tJ) 4°n s7. 00 0 VI LLAt3t, nsmote C OMMt:°RCtAL CW7E AREA a 10.390 ACRES ails 09' 3 �� A Ney 184.00 269 32.' / +" ; 16P ,a Y -� 100.00 ` � 0 ' Q 9q ° �ry CV-7-13 I eo Go' 248.00 221 ° 43 • I KI=AUHou CV -7 144.00 BNOry.IN6 1 CDNT ®R 1 UNPLANNI SO (u) Gv -7g AL-11 HUSH WAY - b mrvi ram 1"-D if RM -1 AMENDMENT . TO THE ZONING- CODE AMEND/NS SECTION 2l3 - S7 (N ORTH KONA ZONe MAP) ARTICLE s, CHAPTER. 2s (ZONING COOS) OF THE HAYVAII CO UIVTV CODE ate' CHANQtre THe DISTRICT CLASSIFICATION FROM UN- PLANNED (u) TO VILLAGE COMMeRClAL (CV AT KAHALUU, • NORTH P ONA, HAlNAll. ' PREPAReo BY =` PLANNI•S OCPPRTMCNT eeur 471' er HAWAII T M PC. = 7 - 13 - 10 :.q CromTre-) MEC.' wise, . i EXHIBIT HA" 1 lis IPCMICIONII MN= MOMww-I -a R9 IB RM B e ®11111341 9T it e . 1�o,�H e�► • 1" =goo • ' ten% COUNTRY CLUE. g eoLP eouR9® o ti, , e ®yy l� R � A e '1 ter"-D AR ,>, RM -e UNPLANN MO NO same el?' .-.. 2,9 OS' *2..5" 45 a.ee a.az 00 • UNP U 4 e4A ai•e TO 49 0 . ILC a3o (V) .oe IL ir> .oe MLG1 IlAL vas RM-9 AREA 4 10°>9n aeme9 IID4 oe e ® , k i K alA Me- 20 - oe 4 _" TAY ti® ev-7t 9 1 t9e° 00' 246.00 ry 121 •48' KHAVNOV CV -7.8 144.00 gnerp,Ne CSNT ®R UNPLANN MD (U) Gv- s c ALAI HIGHWAY rim 9 it RM z ram -.s RM.. . i AMENDMENT ' TO THE ZONING CODE AMEND1 S ECTI ON 28 - S7 NOR A TH KON ZONE MAP) ARTICLE 5, C HAPTER. sa e. (MO 1-.t1 CODE) of Trim H Pt/NA IU COUNTY CODE Sy CHAIVQtNQ THE met R1CT CLASS1FI CAT' I0 FRONT UN- p LAN NED (u) TO VILLAGE COMMC —RGtAL (CV 5‘.) AT 1[AHALUU, NORTH . KONA, HA!'VA11. PREPARED BY : PLANNING DEPARTMENT CouNTY or H A4NAIt TMK: 7-0 -10 : Q ((ooRT1oN) . DOC. 7, 1090 1 EXHIBIT "A"