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Home My WebLink AboutORD 1989-078 1988-1992COUNTY OF HAWAII STATE OF HAWAII Bill No. 69 (Draft 2) ORDINANCE NO. 89 76 AN ORDINANCE AMENDING SECTION 25 -90 (KAILUA- HONALO URBAN ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -7.5) TO MULTIPLE FAMILY RESIDENTIAL (RM -1) AT KAHALUU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7 -8- 14:90, 91 AND 92. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -90, 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 Multiple Family Residential (RM -1): Beginning at a found pipe at the Northeast corner of this parcel of land, being on the South side of Makolea Street, the coordinates of said point of beginning referred to "KEAUHOU COAST" being 9,208.83 feet North and 621.69 feet East and running by azimuths measured clockwise from True South: 1. 2640 47' 285.00 feet along Makolea Street to a pipe; 2. 3540 47' 113.00 feet along Lot 7 to a pipe; 3. 840 47' 285.00 feet along B. P. Bishop Estates Area -14 (TMK:7 -8- 10:35) to a point; 4. 1740 47' 113.00 feet along Lot 9 (PA KUAKINI lot) to the point of beginning and containing an area of 32205 square feet. LA /TN 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 its assigns shall comply with the stated conditions of approval; (B) Final consolidation approval shall be secured within one year from the effective date of the change of zone; (C) Final Plan Approval for the entire development shall be secured within one year from the effective date of consolidation approval. 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(es) shall meet with the approval of the Department of Public Works. Further, curbs, gutters and sidewalk shall be installed along the south side of Makolea Street fronting the subject properties in a manner meeting with the approval of the Department of Public Works prior to issuance of an occupancy permit; (F) Two copies of an intensive archaeological survey report shall be submitted for review and approval by the Planning Department with concurrence from the Department of Land and Natural Resources- Historic Sites Section at the time of plan approval review and /or prior to any land preparation activity being conducted on the properties; -2- (G) Should any unanticipated sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, paving or walls be encountered, work in the affected area shall cease and the Planning Department 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) To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented as proposed, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development to assure it addresses the affordable housing needs of the community. This housing plan shall be approved by the County Housing Agency prior to the issuance of a building permit for the project; (I) A drainage system shall be installed in accordance with the requirements of the Department of Public Works; (J) Method of sewage disposal shall meet with the approval of the appropriate governmental agencies; (K) An emergency preparedness and response plan shall be submitted to the Planning Department and Hawaii County Civil Defense Agency for review and approval prior to occupancy of any of the proposed units; (L) All applicable County and State laws, rules, regulations and requirements shall be complied with; (M) Should the Council adopt a Unified Impact Fees -3- 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; (N) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of zone change. 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 with and the Planning Director acknowledges that further reports are not required; and (0) An initial 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 wouic 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 year may be -4- extended for up to one additional year); 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 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: fUto lo_ . COUNCIL MEMBER, COUNTY OF WAWAII Hilo, Hawaii Date of Introduction.: April 5, 1989 Date of 1st Reading: April 5, 1989 Date of 2nd Reading: June 7, 1989 Effective Date: June 13, 1989 -5- UNPLANNED (U) TRUE N OR-r H �cALe= W EST HAWAI I HoUSIN6 rOUNDATION ARl ORIYH RCALI�NM C'NT i''� RM -3 -5 µL25 RM -35 / / / RM -3 x,208.63 N 111.69 �- KGAUHeu CeA3T "m RM-3 v L29 O W I -25 J\ 6 \ P o-8 P KAHAI -UU 7�i / v -LZs KAH ALU u HvAGH PARK UNPLANNHO (U) /'1LII HIQHWAY 'Se7 9.e SINGt -E FAMIL -Y RM -9 e4 "47 RESI�ENT1At_ (RS -7 -5) 1e5,eo To MULTIPL -B FAMII..Y RESIOt =NTtAL (ISM -t) mm-9 AREA = ----------- _ MAKOLEA STRE'L=T � e as e \ \JIII KeAU HeU BRACH HOT L°L vH -A4 v H - -75 KONA LA6oeN HOT 6L vH -.73 AMENDMENT TO THE ZONING CODE AMENDING SECTION -25 -DO (KAILUA- HONALO URBAN ZONE MAP) ARTICLE 3, CHAPTER '25 (ZONING CODE) OF THM HAWAII COUNTY CODE, IBY CHANGING THE DISTRICT CLA551PICAMON PRC)M SINGLE FAMILY IQCSIDENTIAL (Rs -75) TO MULTIPLE FA1v11LY RESIDENTIAL (KM -1) AT KAHALUU, NORTH KONA, HAWAII. PREPAR6M BY - PLANNING DSPARTM�NT COUNTY Op HAWAII K 7 -B -14 =90,1 AND -0>-a EXHIBIT 11 AII to, 198°J