The URL can be used to link to this page

Home My WebLink AboutORD 2010-088 2008-2010COUNTY OF HAWAII �J�tYfos N��, ORDINANCE NO. STATE OF HAWAII BILL NO. 283 (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NO. 03 111, WHICH AMENDED ORDINANCE NO. 00 128, WHICH AMENDED ORDINANCE NO. 91 -116, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 1 ACRE (A -la) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT KEONEPOKO, PUNA, HAWAII, COVERED BY TAX MAP KEY 1 -5- 007:020. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 03 111 is amended as follows: "SECTION 1. Section 25 -8 -26, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) 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 — 20,000 square feet (CN -20): SECTION 2. [This ehange in distfiet elassifieation is eendifiened upon the following:] In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005 Edition) the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the up blic health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use Proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. -1- (A) the applicant, its successors or assigns shall comply with all stated conditions of approval; (B) construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. [In the eves the Planning Dir .t .,, .,f tha peri Prior- . gra a e xtensio n Final Plan Appr-oval not m or e be o ne yean from the to Humming Drreetor g eonstr-ttetion, in Chapte 75 7 77 25 shall seeur-ed 2 73, 75 4 7 +b.° Zoning Code. Plans aeeofdanee id with :f<, the - and l °°, o f i fi re sh d p ropos ed narki s t r - ue t,,, stalls ated the pr-o m easures, pa-v T .apin° -i ay be and indie th a be with f o-r propos u ses. the m an tig ting sh o plans n 1_: and to p rov ided „t p ur-pose of . 1; a advers et., a dd (C) curbs, gutters, sidewalk and pavement improvements shall be provided within the Kahakai Boulevard 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 other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21, 2002. 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; (D) 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 Boulevard extension. Improvements at the intersection of Kahakai Boulevard and Pahoa Road, which shall include the provision of left- and right -turn lanes on -2- Kahakai Boulevard extension, and a left -turn lane on Pahoa Road, shall be installed as required by the Department of Transportation prior to receipt of a certificate of occupancy for any portions of the development other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21, 2002; (E) 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 Department of Transportation- Highways Division, [pfier to r-eeeipt of a eei4ifieate of eeeupaney for- any peAien of the development] by November 30, 2010. The applicant shall construct improvements required by the Department of Transportation to reconnect Kahakai Boulevard with Highway 130 to provide right -turn in and right -turn out movements, including but not limited to, acceleration and deceleration lanes and a paved striped island to prevent left - turns (F) a drainage system shall be installed meeting with the approval of the Department of Public Works; (G) 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; (H) all other laws, rules, regulations and requirements of State and County agencies shall be complied with; -3- (I) 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 of the Unified Impact Fees Ordinance; (J) 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 are 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 are not required; and, (K) 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 and stricken. New material is underscored. 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. 0 SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Kona,Hawai`i Date of Introduction: September 9, 2010 Date of Ist Reading: September 9, 2010 Date of 2nd Reading: September 21, 2010 Effective Date: October 7, 2010 REFLRLNCE& Comm. gn3 _ h -5- A - sq p� REZ 698 HNMP, LLC FOR REFERENCE ONLY y ��z O P o P � P GrR 4V A 5v 5a �t A to \ A -5 ci 3 4554 - 5 35, 137 78 C "OLAA" D A la AGRICULTURAL CA-1a) TO NEIGHBORHOOD cONIMEtRC1At. (cN - 2 - 0) AMeA = 4 -90I ACR €S I'M A -la A-1 a A -moo a AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -107 (pAHOA ZONa MAP) AIRTICL.E a, CHAPTeR 2S CMCNIN(3 CODE) OF THE' HAWAII COUNT*' CODE Fay CHANQIN3 THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -Io) TO NEIGHISORHOOD COMMERCIAL AT KEONCPOKO, 1°UNA, HAYVAII. K' R'CPAR�D 13Y = P LANNING 17>= PA C - : N`r CoU1vT7' 01 NAWA1t I = 1 - 5 - = ":? A UG_ 22, t_>S>! 11 11 �Kf�N��HI(�o AN1� 5oN5 �t�tTEr�zr=r�iS, =S� EXHIBIT A 11 Ai1IQ / `- �'•"��AD OFFICE OF THE COUNTY CLERK County of Hawaii Kona. Hawaii (Tlraft 71 Introduced By: Date Introduced First Reading: Published: REMARKS: Donald Ikeda September 9, 2010 September 9, 2010 N/A Second Reading: September 21, 2010 To Mayor: September 29, 2010 Returned: October 8, 2010 Effective: October 7, 2010 Published: October 18, 2010 REMARKS: AL - V AYES AYES NOES CBS EX Enriques X Ford Ford Greenwell Greenwell X Hoffmann Hoffmann X Ikeda Ikeda X Naeole- Beason Naeole- Beason X Onishi Onishi X Yagong Yagong X Yoshimoto Yoshimoto X 9 6 3 0 0 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as i�iliwyty� irhove APPROVED AS TO FORM AND LEGALITY: DEPUV CORPORATION COIJ - WSEL COUNTY OF HAWAII Date S E P 3 0 Z010 C ApprovedlDiis pproved this of —20 10 MAYOR, C UNTY OF HAWAII day (E�� COUNCIL CHAIRMAN COUNT CLERK Bill No.: 283 (Draft 2) Reference: C- 903.6/PC -88 Ord No.: - <� Ordinances Numbered 10 -88, 10 -89, 10 -90, 10 -91, 10 -92, 10 -93, 10 -94, 10 -95, 10 -96, 10 -97, & 10 -98 1 hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on September 21, 2010, by vote, as listed below: Ordinance 10 -88 (Bill 283, Draft 2): An Ordinance Amending Ordinance No. 03 -111, Which Amended Ordinance No. 00 -128, Which Amended Ordinance No. 91 -116, Which Reclassified Lands From Agricultural - 1 Acre (A -la) to Neighborhood Commercial - 20,000 Square Feet (CN -20) at Keonepoko, Puna, Hawaii, Covered by Tax Map Kay 1 -5- 007:020. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -89 (Bill 285): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2011. AYES: Council Members Enriques, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Ford - 1; EXCUSED: None. Ordinance 10 -90 (Bill 286): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -91 (Bill 287): An Ordinance Amending Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -92 (Bill 288): An Ordinance Amending Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -93 (Bill 289): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -94 (Bill 290): An Ordinance Amending Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -95 (Bill 292): An Ordinance Amending Ordinance No. 10 -60, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2010 to June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -96 (Bill 293): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawai' i for the Fiscal Year Ending June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -97 (Bill 294): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -98 (Bill 295): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2011. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 9; NOES: None; ABSENT: None; EXCUSED: None. Kenneth G. Goodenow County Clerk ( Hawai` i Tribune - Herald — October 18, 2010) ( West Hawaii Today — October 18, 20 10) Note The original Digest/Affidavit is attached to Ordinance 10 -88.