The URL can be used to link to this page

Home My WebLink AboutBIL 391 Draft 02 1988-1992 COUNTY OF HAWAII L $STATE OF HAWAII BILL N9 razz) ORDINANCE NO. 97 79 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 .5 RTION 2 ,NORTH TH KONA, NA, H AN OF q).OVERED BY TAX MAP KEY 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 proposed development within the subject property shall be submitted to the Planning Department within one year from the effective date of the change of zone; (C) the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment 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, 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 2 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 are 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 sidewalks 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 commercial development within the subject property; ( a drainage system shall be installed meeting with the approval of the Department of Public Works; (H) the applicant shall prepare 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 Department of Public Works; (I) the applicant shall connect to it existing sewage treatment plant near 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 to 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 walks be encountered, work in the immediate area 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 3 • • 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; (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 and the Planning Director acknowledges that further reports are not required; (0) 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 yea'); and 4 • • , 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 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 take effect upon its approval. INTRODUCED BY: C s CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: March 6, 1991 Date of 1st Reading: March 6, 1991 Date of 2nd Reading: May 20, 1997 Effective Date: June 9, 1997 APPRQ D V FORM D LEGALITY DEPUTY CORPORATION COUNSEL DATED: � 19797 5 • • .,,A, A .- • NORTH RM - ?3 ° SCALE 1" ° 400' KONA. COUNTRY CLUB �.� BOL• COURSE& ti, S s plA 12Z r20 11N1 -9 nnav 7 , RM-9 UNPI OO (U) 40 Se L °1 7', 29" OW 42.3" ssa" 219.02 27°00' R1 490.00 0 UNPLANNED (U) 4O4 "' L / TO VILLAGE 3 59 0 ... 0 9 COMMERCIAL CV-7-5) RM 9 AREA =10.3175' ail ° 09' P Q 194.00 hg 289 ° 32'x+ h / S BA1,NoV 200.00 ry Ov - 79 °x$90 ? @^' T. .� 180 ° 00' 2491.00 2]t ° 43' 144.00 KC SNOr•lN3 cmNT ®R UNPLANNMO (U) C -,j ALI HISH FIN, -9 RM -9 run ma ye RM AMENDMENT TO. THE ZONING CODE AMENDING SCCTION 25 -87 (NORTH KoNA ZONC- MAP) ARTICLE 3, CHAPTt F 2s ("ZONING CODE) of The HAYVAIi COUNTT CoDC 9,' CHANGING THC CnsTRtCT CLASSIFI %ON FROM UN- PLAN Nt o (U) TO VILLAGC- COMMeRClAL (CV -7S) AT KAHALUU, NORTH KoNA, HA!'■Atj, PREPAReO et a PLANNI DE PARTMENT eau NT'!" oP HAwAI TMK:7 -8 -1 O:PORTION OF 2 (FORMERLY PORTION OF 4) MAY 5, 1997 • •. • • OFFICE OF THE COUNTY CLERK County of Hawaii H ilo Hawaii ROLL CALL VOTE Introduced By: Takashi. Domingo Date Introduced: March 6, 1991 AYES NOES ABS EX First Reading: March 6, 1991 ARAKAKI X Published: DE LIMA X DOMINGO X REMARKS: HALE X Approve & adopt Bill on first reading & KOKUBUN X X refer to PC - 3/6/91 MAKUAKANE X RUDDLE X SCHUTTE X 8 0 1 0 Second Reading: MaV 20, 1997 (DRAFT 2) ROLL CALL VOTE To Mayor: N/A Returned: N/A AYES NOES ABS EX Effective: N/A ARAEAKI X Published: N/A CHUI\G rnT nn 7® X REMARKS: anv X 05/20/97 - Defer to next Council meting for rD X me a third reading vote, due to length between X X 1st and 2nd reading, and new Councilmembers. TYLER X YAGONG X a 0 0 0 • I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County. Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved /Disapproved this day of ,19 MAYOR, COUNTY OF HAWAII Bill No.: 391 (Ds 22 ) Reference: C- 254.01/2257/1991/PC -51 Ord. No.: • OFFICE OF THE COUNTY CLERK County of Hawaii Hilo • , Hawaii RECT.:NED . 97 JUN 9 RO ( LCALL i VOTE Introduced By: COUNT (AM I c' NOES ABS EX Date Introduced: Arakaki C 1 Y Ui' hAV ii All First Reading: Chung Published: Leithead -Todd Ray REMARKS: Reynolds Santangelo Smith Tyler Yagong Third ROLL CALL VOTE ffiEORIReading: June 2, 1997 To Mayor: June 3, 1997 AYES NOES ABS EX Returned: June 9, 1997 Arakaki X Effective: June 9, 1997 Chung X Published: June 17, 1997 Leithead -Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 0 I DO HEREBY CElj r ice Mhe forespking BILL was adopted by the County Council and published as indicated above. A . YE AS rU EEG Ya _ I DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII %, , er a Date- �df�� Approved/BiscatspFOVed this day 6 NCIL CHAIRMAN of LIt,,L)1/4_ 19 q COUNTY CLERK ✓ — .i A /L_ AY*R, COUN 1 Y F HAWAII Bill No.: 391 (Draft 2 ) Reference: C 254.01/22257/1991 - 51 Ord. No.: 97 79 . ,:1 I .OM)nanoes 97 -73 through 97 -79 thereby certifyt the following Ordinances passed second and �,. final reading at the meeting of the County Council on June 2, 1997, ' • by vote as listed below:. �` ORDINANCE' 97-73 (Bill 62, Draft 2): An Ordinance amending Section 25-87 (North Kona Zone Map), Article 3, Chapter 25 (Zoning State of Hawaii Code) of the Hawaii County Code, by changing the district classifi- cation tram Unplanned (U) to Single Family Residential (RS -15) at Kahaluu, North Kona, Hawaii, covered by TMK: 7.8- 10:Portion of 50. County of Hawaii ` AYES: Councilmembers Leithead -Todd, Ray, Reynolds, Santangelo, . Smith, Tyler, Yagong;, and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councllmember Chung - 1. • I ORDINANCE 97 -74 (B91 16, Draft 2): An Ordinance amending . i Section 25-86 (North and South Kona District Zone Map), Article 3, being first Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district °lasslfiaattion from Agricultural (A -20a) to Agricultural (A- duly sworn, dep05 • lba). at Honokohau lit and 2nd, North Kona, Hawaii, covered by TMK: 7.4 -5:2. AYES: Councilmembers Chung, Leithead -Todd, Ray, 1. That she Rs NOES: Santangelo, Smith, Araka Tyler, Yagong, and Chairman Arakald Of ORDINANCE 97.75 (Bill 75): An Ordinance to amend Ordinance No. . 96-72, as amended, the Operating Budget for the County of Hawaii for the fiscal Writ ending June 30, 1997. AYES: Councilmembers, • • DI' a Chung,- Lelthead -Todd, Ray, Reynolds, Santangelo, Smith, Tyler, 4 Yagong, and Chalmian Arakaki - 9. NOES: None. ^ newspaper publish, ORDINANCE 97-76 (BIU 78): An Ordinance amending Chapter 24 " (Trattic Schedule), of the Hawaii County Code 1983 (1995 Edition), ___...r... „ _- - - Mars Chung, State of Hawaii. relating io,— T• ^'"' - ° ' " " " 'yler, Yagong, and Chaim; 'Leithead -B I et No 2. That the ORDINAN )rdinance No. inty a of ce No ( Hawaii for 96.72; ea Q \ uncllmembers 'Ch an the Fisi Smith, Tyler, • C Le and Chaim & EXCUSED: Councilmei ORDINAN( )rdinance No. the newspaper 96-72, as i linty of Hawaii for the Flsi uncilmembers as published is att and Chairman Arakald - 6. NOES: None. ABSENT & EXCUSED: ; t following Councllmember Yagong -1. date(s) ORDINANCE 97 -79 (BIII - 391, Draft 2): An Ordinance amending 9 97 (M.). ` Section 25.87 (North Kona Zone Map), Article 3, Chapter 25 (Zoning 9905 - .. Code) of the Hawa9County Code, by changing the district classifl- : cation from Unplanned (U) to Village Commercial (CV -7.5) at Kahaluu, North Kona, Hawaii, covered by TMK: 7.8- 10:Portion of 2 (formerly portion of 4). AYES: Councilmembers Chung, Lehhead- "GA_ . Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman ' Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Yagong - 1. . Subscribed and sv Copies of these Ordinance are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda this 25th d . .COUNTY CLERK - -- (No. 8434 - West Hawaii Today: June 17, 1997) ,._ il CI--_---- Notary Public, Third Circuit. • State of Hawaii . My commission expires October 1, 2000 PH