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HomeMy WebLinkAboutORD 1998-113 1996-1998 COUNTY OF HAWAII <1s,.; • STATE OF HAWAII BILL NO. � n9 293 (Draft 2) ORDINANCE NO. 98 113 AN ORDINANCE AMENDING ORDINANCE NO. 90-85, WHICH RECLASSIFIED THE DISTRICT CLASSIFICATION FROM VILLAGE COMMERCIAL (CV-7.5), MULTIPLE FAMILY RESIDENTIAL (RM-1), AND AGRICULTURAL (A-la) TO GENERAL COMMERCIAL (CG-20) AT KEOPU 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-04:6 AND 13. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 90-85 is amended as follows: "Section 2. This change in district classification is conditioned upon the following: (A) [the] The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval[;] (B) [the] The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy " within ninety days from the effective date of [the change of zone;]this ordinance. (C) [consolidation/resubdivision plans shall be submitted within one year from the effective date of the change of zone. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval;] Final Consolidation/resubdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. [(D) final Plan Approval for the commercial development shall be secured from the Planning Department within one year from the date of final subdivision approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), Hawaii County Code, as amended, plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured; (E) construction of the commercial development shall commence (building permits) within one year from the date of receipt of Final Plan Approval provided, however, that Condition H has been satisfied. The development shall be completed (certificates of occupancy) within two years thereafter;] [(F)](D) [the] The applicants shall assist in the construction of Henry Street by dedication of land. If necessary, a contribution of up to $100,000 shall be made to cover cost overrun incurred by the County of Hawaii during construction. The location of accesses and improvements to Henry Street shall be reviewed and approved by the Department of Public Works. No direct access shall be permitted to the property from Kuakini Highway or Queen Kaahumanu Highway. Further, interior on-site driveway circulation shall be coordinated to allow for future roadway connection to Lono Kona Subdivision, if deemed necessary by the Department of Public Works [;L [(G)](E) [an]Ai on- and off-site drainage system shall be installed meeting with requirements of the Department of Public Works. The drainage system shall be constructed and maintained such that post-development condition downstream of the project are "better or no-worse " than pre-development conditions. A drainage study meeting with the requirements of the Department of Public Works shall be prepared for the purpose of determining the necessary on- and off-site drainage improvements for the development. Said on- and off-site drainage improvements shall be installed prior to the issuance of certificate(s) of occupancy for any portion of the development [;]� -2- [(H)](F) [no] No building permit for any portion of the development shall be issued unless and until there are legal and financial assurances acceptable to the Chief Engineer and the Office of the Corporation Counsel that the proposed Henry Street will be constructed and operable prior to or in conjunction with the issuance of a certificate of occupancy for any portion of the proposed development[;],. [(I)](G) [an] An archaeological data recovery and preservation plan shall be submitted to the Department of Land and Natural Resources, Historic [Sites Section] Preservation Division (DLNR-HPD) and the Planning Department for review and acceptance prior to submittal of plans for plan approval review of any portion of the commercial development. The archaeological data recovery and preservation plan shall be in conformance with the accepted plan and shall be completed prior to any land alterations on the property[;: [(J)}(H) [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] DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the [Planning Department] DLNR-HPD when it finds that sufficient mitigative measures have been taken[;].. [(K)] ) [comply] Comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Water Supply, Public Works and Transportation-Highways Division[;], [(L)].(T) [should] Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, -3- conditions included herein may, at the developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance[;]: [(M)](K) [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], [(N)](L) [an] 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 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 extended for up to one additional year); and (5) if the applicants should require an additional extension of time, the -4- Planning Director shall submit the applicants' request to the County Council for appropriate action. (M) [Further, should] Should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed. New material is underscored. SECTION 3. In the event that any portion of the 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: COUNCIL MEMBER, COUNT OF HAWAII Hilo, Hawaii Date of Introduction: October 21, 1998 Date of 1st Reading: October 21, 1998 Date of 2nd Reading: November 6, 1998 Effective Date: November 19, 1998 REFERENCE: Comm. 978 .02 APPROVED AS TO FORM AND LEGALITY: CORPORATION N COUNSEL DATED: (I& f( -5- FOR iNFO MATION PURPOSES ONLY . mUQC'N KAAMUtvIANU v! SXT1sION KIM00.0+01./- sw-I-• 2l WWV∎∎-AOMOO ...mow 0 ■ ■RCet- I 1�`� Ra-7.! 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Q494,70 ..... .. 47-• n+1M ../I 4111041k O P•' /► `";10'r 7• O v-..•ar �/// r? - fie+•if ./r°%/�, �.?ice J tal**71* *AO / 0 /ate► �� ." �► ///'b r�� /r topikir.#41':44111/711.7 �2.� "1 4104)% -4411 .awas r. :O 1 461 ralg e e ....s?a .1�111►t'O • ®� '.w-Yi'ear v-a-s- ° • per= , 7s,s1 1'CL 1.•44"j4 0.1 r10 t i•I• i.- ov.sr v4: -... 1,:i. t r 1 r / w.7o r t sv_st- / v+7w WO•TC • eeterecurvihrmis Ileretltle0 TO INC"I' !ltwr P r st2lNttt-/ TIRI •IQNLATt014 • gTAT on' "KAII-LJ" (NQ1lTil MQI tOVhN)- AMENDMENT TO THE ZONING CODE AMENDINQ OECTION Om-6w (KAIL.tJA UREAN ZONE MAP) ARTICLE 3, CHAPT'ET 2.5 (=NINE CODis) OR THE I-IA1NA1t COUNT," CODE, BY CI-IANQ1NC3 THE DISTIQICT CLA5131F1- CATON FROM VILLAGE C01IIME1@CIAL (CV-7S), MULTIPLE rAMtL-y REJIDENTIAL (iQM-1) AND A1314tVC1-31-TUIRAL (A-I ) TO 'CSENERAL CO1v1MERCIAL (Ct3-2O) AT P' EOpu 15T NORTH KONA, HAWAII. PR1s1-A}!Qp sr $ reLANNIT4 CB DL-1ioA/irr?til Off 1 -r QOUNT-!' Ol- P tAWAII T eiec : 7-9-04 i G ANeI 1S MARC/4 Z7 1M-Vci • EX1-1IENT "A" OFFICE OF THE COUNTY CLERK County of Hawaii , - , Hilo Hawaii rm.F, X-ho ?,vi,., Ac Date -_ llla�l9Y- County Council , (DRAFT 2) ROLL CALL VOTE Y Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: October 21, 1998 Arakaki X First Reading: October 21, 1998 Chung X Published: October 30, 1998 Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 8 1 0 1 0 (DRAFT 2 ) ROLL CALL VOTE Second Reading: November 6, 1998 To Mayor: November 12 , 1998 AYES NOES ABS EX Returned: November 23, 1998 Arakaki X Effective: November 19, 1998 Chung X Published: December 4, 1998 Leithead-Todd X Ray X REMARKS: Reynolds }{ Santangelo X Smith X Tyler X Yagong X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO FO AND LEGA DEPUTY CORPORATION COUNSEL / COUNTY OF HAWAII /�/ ' /� Date 11 6/rfi 7 Approved/Beruppeaoa�d this I day OUNCIL CHAIRMAN of /f / ` , 19 tie . _..c c2 a-x- • -a‘c COUNTY CLERK ilcAr4.-/4014.4 CIAL. OR, COUN7VOF HAWAII Bill No.: 293 (Draft 2 ) Reference: C-978.02/PC-149 Ord.No.: 98 113 a Ordinance 98-110 through 98-122 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on November 6, 1998, by vote as listed below: ORDINANCE 98-110 (Bill 285): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-111 (Bill 290): Amends the State Land Use Boundaries Map, H-25 for the County of Hawaii, by changing the district classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-11:22. AYES: Councilmembers Leithead-Todd, Ray, Santangelo, Smith, Tyler, and Chairman Arakaki - 6. NOES: None. ABSENT & EXCUSED: Councilmember Chung, Reynolds and Yagong .- 3. ORDINANCE 98-112 (Bill 291, Draft 2): Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-11:22. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-113 (Bill 293, Draft 2): Amends Ordinance No. 90-85, which reclassified the district classification from Village Commercial (CV-7.5), Multiple Family Residential (RM-1), and Agricultural (A-1 a) to General Commercial (CG-20) at Keopu 1st, North Kona, Hawaii, covered by Tax Map Key 7-5-04:6 and 13. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-114 (Bill 294, Draft 2): Amends Ordinance No. 90-139, which reclassified the district classification from Agricultural (A-20a)to Agricultural (A-3a) at Kahua, North Kohala, Hawaii, covered by Tax Map Key 5-9-08:5. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Smith, Tyler, and Chairman Arakaki - 6. NOES: None. ABSENT & EXCUSED: Councilmember Chung, Santangelo and Yagong .- 3. ORDINANCE 98-115 (Bill 295): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Smith, Tyler, and Chairman Arakaki - 6. NOES: None. ABSENT & EXCUSED: Councilmember Chung, Santangelo and Yagong .- 3. ORDINANCE 98-116 (Bill 297): Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-117 (Bill 298): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-118 (Bill 301): Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-119 (Bill 302): An Ordinance for termination of Improvement District No. 16 and cancellation of assessment installments and relating to refunds for County of Hawaii Improvement District No. 16 (Keaau Agricultural Lots). AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-120 (Bill 303): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung- 1. ORDINANCE 98-121 (Bill 304): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. • ORDINANCE 98-122 (Bill 307): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. Copies of these Ordinances are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLERK (Hawaii Tribune Herald - December 4, 1998) (West Hawaii Today - December 4, 1998) • AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) Lorelei Logan , being first duly sworn, deposes and says: 1. That she is the _Advertising Administrative Assistant of WEST HAWAII TODAY a newspaper published in the City of KAILUA-KONA , State of Hawaii. 2. That the " Bills 285, 293, 295, 296 (Draft 2) , 297, 298, 302, 303, 304 and 307 I hereby certify that the following Bills passed first ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) Oct. 30 , 19 98 (etc.) .fl Subscribed and sworn to before me this 1 9th day of Jan. , 19 99 Notary Public, Third Circuit, State of Hawaii Lana L. Taira My Commission expires Aug. 4, 2001 eel 215.N0. -PIA Z 1107•N tr art,fir lid IV I hereby csntly that the Mink.Ills pleeed Ind Nadi*d..b t1aa11Mtte of the County Camas on October 21.1222.by voce as Meth Mawr BM 285:An ordnance eo loonend©tdnanaa MM,Y eatattded,,NOINO Mn9 Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; appropriates revenues of$97,177 out and from the Federal Grants-PA Local Law account;and appropriates to the following Local Law accounts:Computer Equipment($67,500)and Miscellaneous Equipment($29,677). AYES:Councilmembers.Chung,Leithead-Todd,Ray,Reynolds,Santangelo, Smith,Tyler,Yagong and Chairman Arakaki-9.NOES:None. Bill 293(Draft 2):An ordinance amending Ordinance No.90-85,which reclas- sified the district classification from Village Commercial (CV-7.5), Multiple Family Residential (RM-1), and Agricultural (A-1a) to General Commercial (CG-20)at Keopu 1st.North Kona.Hawaii,covered by Tax Map Key 7-504:6 and 13(Wham.Inc.,applicant-Area=11,591 sq.ft.;57,922 sq.ft.; 46,464 sq. ft. and 22,995 sq. ft.). AYES: Councilmembers Leithead-Todd, Ray, Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-8.NOES: None.ABSENT&EXCUSED:Councilmember Chung-1. Bill 295:An ordinance to amend Ordinance 98-49,as amended,the Operating Budget for the County of Hawaii for the Fiscal year ending June 30, 1999; appropriates revenues of$150,000 in the Federal Grants-Special Operations Grant account,and appropriates same to the Special Operations account. AYES:Councilmembers Chung,Leithead-Todd, Ray,Reynolds,Santangelo, Tyler,Yagong and Chairman Arakaki-8.NOES:None.ABSENT&EXCUSED: Councilmember Smith-1. Bill 296(Draft 2):An ordinance amending Ordinance 98-50,as amended,relat- ing to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30,1999;adds the following project:PUBUC WORKS:Saddle Road/Kaumana Drive Curve Improvement ($500,000), Puna Emergency Access Road($250,000;funds shall be provided from the General Obligation Bonds,Capital Projects Fund-Fund Balance and/or Other Sources($750,000) account. AYES: Councilmembers Chung, Leithead-Todd, Ray. Reynolds, Santangelo,Smith,Tyler,Yagong and Chairman Arakald-9.NOES:None. Bill 297:An ordinance amending Ordinance 98-50,as amended,relating to Public Improvements and Financing Thereof for the Fiscal Year July 1,1998 to June 30, 1999;adds the following projects: PUBLIC WORKS:All Drive Interceptor Sewer E&F - SRF($63,103.53); Holualoa Bay Sewage Pump Station-SRF($404,174.94);Disappearing Sands Sewage Pump Station- SRF($2,000,000.00);Alt Drive Interceptor Sewer C&D-SRF($24,117.00); funds for these projects shall be provided from the Fund Balance -SRF ($2,491,395.47)account.AYES:Councilmembers Chung,Leithead-Todd,Ray, Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakald-9.NOES: None. Bill 298:An ordinance to amend Ordinance 98-49,as amended,the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; appropriates revenues of $57,000 to the Federal Grants - Child Care Development account,and appropriates same to the Child Care Development account.) AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo,Smith.Tyler,Yagong and Chairman Arakald-9,NOES:None. Bill 302:An ordinance for termination of Improvement District No.16 and can- cellation of assessment installments and relating to refunds for County of Hawaii Improvement District No. 16 (Keaau Agricultural Lots). AYES: Councilmembers Chung,Leithead-Todd,Ray.Reynolds,Santangelo,Smith, Tyler,Yagong and Chairman Arakaki-9.NOES:None. Bill 303:An ordinance to amend Ordinance 98-49,as amended,the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; increases revenues of$85,000 in the Federal Funds-Coordinated Services account;and appropriates to the following CSE accounts:Telephone($5,000), Computer & Office Supplies ($868), Motor Vehicle ($70,000), Computer Equipment($9,132), Program Income Equipment Repairs($-500), Program Income Motor Vehicle Parts($-2,000).Program Income Computer Equipment ($-3,500), Program Income Miscellaneous Equipment ($-4,000), Program Income Telephone ($4,000), and Program Income Motor Vehicle ($6,000). AYES:Councilmembers Chung,Leithead-Todd,Ray,Reynolds,Santangelo, Smith,Tyler,Yagong and Chairman Arakald-9.NOES:None. Bill 304:An ordinance to amend Ordinance 98-49,as amended,the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; increases revenues of $49,438 in the Federal Grants, Bicycle Education Program account;and appropriates to the Bike Education Program account. AYES:Councilmembers Chung,Leithead-Todd,Ray,Reynolds,Santangelo, Smith,Tyler,Yagong and Chairman Arakaki-9.NOES:None. Bill 307:An ordinance to amend Ordinance 98-49,as amended,the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; appropriates revenues of$43,713 in the Federal Grants-Violence Against Women account;and appropriates to the following Violence Against Women accounts:Regular Salaries and Wages($43,692)and Miscellaneous Salaries and Wages ($21). AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-9.NOES: None. Copies of these Bills are available in the Office of the County Clerk for use and exanrinadart by Me outdo. Dodd Ikeda COUNTY CLE M( (No.9426-Weal Hovel Tbda y:WOW 311.11111 `