The URL can be used to link to this page

Home My WebLink AboutBIL 042 Draft 01 2010-2012 JN�V ^GS M�!Y COUNTY OF HAWAII STATE OF HAWAII qT E OF •M�'i� BILL NO. 42 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 03 162 WHICH AMENDED ORDINANCE NO. 91 -91, WHICH CHANGED THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 1 ACRE (A -la) TO VILLAGE COMMERCIAL— 1 ACRE (CV -la) AT HOLUALOA 1 AND 2 NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7 -6- 008:005 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 03 162 is amended as follows: "SECTION 1. Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the [Hawaii] 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 [FIelttalea] Holualoa I" and 2 nd , North Kona, [14awai-i] Hawaii shall be Village Commercial — 1 acre (CV -la): Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Northerly side of an existing 12 -ft. wide trail, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 8,317.45 feet South and 15,425.88 feet East and running by azimuths measured clockwise from True South: I. 358 54' 30" 12.07 feet across the existing 12 -ft. wide trail to a point; 2. 6 44' 30" 67.12 feet along stonewall and along the remainders of Allotment 63 of the [lea] H61ualoa 1" and 2 nd Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to a point; -1- 3. 8 49' 30" 56.82 feet along stonewall and along the remainders of Allotment 63 of the [14olttalo ] H61ualoa 1St and 2 " Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu to point; 4. 9 20' 20.95 feet along the Westerly side of an existing roadway to a point; Thence, for the next six (6) courses following along the remainders of Allotment 63 of the [Holuale ] H61ualoa 1 St and 2 nd Hui Partition and Royal Patent 4475, Land Commission Award 7713, Apana 43 to V. Kamamalu: 5. 82 33' 30" 241.43 feet to a point; 6. 172 33' 30" 166.92 feet, passing across the existing 12 -ft. wide trail, to a point; 7. 262 33' 30" 145.00 feet to a point; 8. 263 12' 47.28 feet along stonewall to a point; 9. 267 16' 30" 30.51 feet along stonewall to a point; 10. 274 21' 59.75 feet along stonewall to the point of beginning and containing an area of 1.000 Acre. SECTION 2. [ This ,.,,. nge i di -i elass;f;,.ation i nditi u pen 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 public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or -2- (B) Fulfillment of the need for public service demands created by proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the conditions of approval; B. Construction of the proposed development shall be completed within five (5) years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements); C. [a] A drainage system shall be installed meeting with the requirements of the Department of Public Works; D. [ Access to the development shall be restricted to one driveway from [Mamal-aho ] Mamalahoa Highway. This access shall be provided over Tax Map [key] Key Nos: 7 -6 -8: 24 and 27, unless an equivalent or better access (i.e., sight distance, topography, hazards) can be utilized meeting with the approval of the Department of Public Works and Planning. The driveway access shall be improved with a minimum 20 -foot wide pavement from [Mamalahea] Mamalahoa Highway to the development 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 part of the development; -3- E. [sight] SigW distance, including pavement widening along the frontage of TMK: 7 -6 -8: 05, shall meet with the requirements of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any part of the development; F. [should] 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; G. [ Comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, and Public Works; H. [shoal ] 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; I. [the] The applicant, his successors, assigns or heirs shall not seek an increase in density beyond the maximum of five units until the existing infrastructure on [Httalalai] Hualalai Road and [Marnalaho ] Mamalahoa Highway has been improved to acceptable standards. The applicant shall submit restrictive deed covenants for the subject property to the [ p'.,,, ling depaf4ment Planning Department for its review and approval prior to the submittal to the State of [I4awaii] Hawaii Bureau of Conveyances for recordation with the final plat maps. These covenants shall be included in the deed and will require that there be -4- no increase in density on the subject properties until such time as the infrastructure on [FIB] Hualalai Road and [M alahea] Mamalahoa Highway has been improved to an acceptable standard meeting with the approval of the [ ] Planning Department and [ mss Department of Public Works Once those conditions have been met, this covenant may be extinguished; J. [an] 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; and, K. The 12 -foot wide trail running along the northern portion of the property shall not be disturbed nor blocked from traditional and customary pedestrian use. Furthermore, the minimum structural setback shall begin from the southern edge from the 12 -foot wide trail. L. 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 may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and struck through and material to be added 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY COUNCIL MEMBE , C UNTY OF HAWAI I Hawaii Date of Introduction: .............. Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCES CWTd; 159 -6- FOR REFERENCE ONLY -r rQu E SCALB� A to � I" > �tOC' 1 I ` Ara to A la ^� WAtMEA HoL_UP UO� -" 3ctyoot_ CV t0 B 517_c�.S; S 425.BB E "1(AILUA (NO H� 1qS t5 me; "IntAN) A p,e� cv to_, c to - - -- v 1 -ms v I. k EAUTiou - +- A �a 1 A la A Ic �1 A -ta i .AI�RiCUL'1 (A- a) TO VtLLA6E c ME=_RC1AL (CV -la AR A = 1 -OOO ACRE I A -1 a L I I I � A to I I A la VI P - IN AMENDMENT TO THE ZONING CODE AMENDING SECTION Z.S - 87 (NOM — rH KONA ZONE MAP) ARTICLE 3, CHAPTER - 20 (ZONING COOM) OF THE HAWAII COUN - rY CODE= 137' CHANGING THE DMTRICT �CL_ ASSIPICATION F=ROM ASIRICUL (A —I cy) TO VI LLAGC CO MMMRCIAL (CV— 1 cl) AT HOLUALvA I ST AND 2ND NORTH KONA, HA"AI l . PIQt✓PAR>✓t� 13y = ��- ANNiN� bEPA1= 2TMENT COUNT7' oP 1 �AWA11 tp �DESMONb J_ TW1GG- BMiTH) XH1B1T s