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Home My WebLink AboutBIL 271 Draft 01 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 271 ORDINANCE NO. 98 93 AN ORDINANCE AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-4-7:PORTION OF 2. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-9, Article 8, 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 Puepuehu, North Kohala, Hawaii, shall be Village Commercial (CV-10): Beginning at the Northwest corner of this parcel of land, at the Northwest corner of Road Parcel 91 on the Southerly side of Hawi-Niulii Road, the coordinates of said point of beginning referred to Government Triangulation Station "PUU-O-NALE" being 12,375.55 feet North and 10,298.08 feet East and running by azimuths measured clockwise from true South: 1. 295° 24' 30" 140.04 feet along the Northeast side of Road Parcel 91 and the Southwest side of Hawi-Niulii Road to the land of Alfred Yuen being designated as TMK: (3rd Div) 5-4-7:1; 2. 13° 54' 126.00 feet along said land; 3. 277° 24' 61.00 feet along said land to west side of Kynnersley Road; 4. 15° 39' 85.43 feet along the West side of Kynnersley Road; 5. 114° 12' 203.59 feet along the remainder of R.P. Grant No. 1544 to 30 foot wide roadway; 6. 195° 23' 47" 194.71 feet along 30 foot wide roadway to the point of beginning and containing an area of 31,591 square feet, 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development shall be completed within five (5) years from the effective date of this change of zone ordinance. This time period shall include the securance of Final Plan Approval from the Planning Director in accordance with the Zoning Code, Section 25-2-72. Plans shall identify existing structures, landscaping, fire protection measures, driveway and parking areas associated with the improvements required by the Department of Public Works. Landscaping improvements as required by Section 25-5-127 shall be required for the entire frontage of Akoni Pule Highway with the exception of driveway and walkways. Final Plan Approval must be secured for all new additions and/or buildings and must comply with the applicable requirements of the Zoning Code. C. Access to the subject property from Akoni Pule Highway shall meet with the requirements of the Department of Transportation. D. Access to the subject property from Kynnersley Road shall meet with the requirements of the Department of Public Works. -2- E. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. F. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, 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 archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. H. 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, its 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- 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). J. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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: , / ,/1 "" `•I4,6, /Ai-- iL / 612 COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: August 19, 1998 Date of 1st Reading: August 19, 1998 Date of 2nd Reading: September 2, 1998 Effective Date: September 16, 1998 REFERENCE: Comm. __,...21.1. .._.. 91� _ APPROVED O,?OR VI AND LEGALITY CO ORATIO C,9 S L DATED: 7/ '/ ' -4- A 20a R5 - 15 A - 20a i A - 20a I OO k5 - 15 - 'Po' G Z A - 20a J 12,375.55 N J o 10,298.08 E - o_ y "PUU-0-NALE" Z O_ Z A - 20a Ilt - 15 D R5 15 - � IN fill Tp FJaWi CN - 10 kii HAW! 10 lia NIULII Rs . cv _ �o ROAD . To Niulii �f> r �. A - 20a /�� 0 ' •IIIIIII5 0 M I I r k5 15 R5 - 10 85 - 15 SINGLE FAMILY -o R5 - 10 RESIDENTIAL (RS-1 5) _(y R5 - 15 TO VILLAGE R5 - 10 COMMERCIAL (CV- 1 0) A - 20. AREA: 31 ,591 SQ. FT. A - 20a A - 20a Li J (n W Z Z Y A - 20. R5 - 15 A - 20a R5 - 15 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU, NORTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 5-4-07: PORTION OF 2 JUNE 9, 1998 EXHIBIT t1A" (JONI J. METZLER) [0 A - 20. R5 - 15 A 20. A 20a C k5 - 15 O C! �• Z A - 20a 12,375.55 N J w 10,298.08 E "PUU—O—NALE" Z _O R5 - 15 z A - 20a R5 - 15 E5 - 15 GV - To Hawi GN - 1 0 A-20. HA WI 10 NIUUI ks 15 RS - 15 R5 15 ROAD To Niulii A - 20. O 15 °C RS 15 Rs - 10 I RS - 15 SINGLE FAMILY o Rs - 10 RESIDENTIAL (RS- 1 5) R5 - 15 TO VILLAGE R5 - 10 COMMERCIAL (CV-1 0) A - 20a AREA: 31,591 SQ. FT. A - 20a } A - 20a w J (n W Z Z Y A - 20a R5 - 15 A - 20a R5 - 15 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU, NORTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 5-4-07: PORTION OF 2 JUNE 9, 1998 EXHIBIT "A" (JONI J. oMETZLER) i I A - 20a E5 _ 15 A - 20a A - 20a 0 OQ R5 - IS - 2 A - 20a J 12,375.55 N J 10,298.08 E y "PUU—O—NALE" z Z O_ R5 - 15 Z A - 20a R5 - 15 85 - 15 GV - �rO Hawi HAW/ 10 CN - 10 A-20. NIVLII Rs 15 . CV ROAD lir J To Niulii A - 20a IIIIIt O 111 11111 _ R5 15 R5 - 10 I R5 - 15 SINGLE FAMILY o R5 - 10 RESIDENTIAL (RS-1 5) _eL R5 - 15 TO VILLAGE R5 - 10 COMMERCIAL (CV- 1 0) A - 20. AREA: 31,591 SQ. FT. A - 20a } A - 2oa J w Z Z Y A - 20a R5 - 15 A - 20• R5 - 15 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU, NORTH KOHALA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 5-4-07: PORTION OF 2 JUNE 9, 1998 EXHIBIT "A" (JONI J. METZLER), ,(!9 'l�.I OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii ROLL CALL VOICE Introduced By: Bobby Jean Leithead-Todd _ AYES NOES ABS EX Date Introduced: August 19, 1998 Arakaki First Reading: August 19, 1998 Chung X Published: N/A Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 7 0 2 0 Second Reading: September 2, 1998 ROLL CALL VOTE To Mayor: September 3. 1998 AYES NOES ABS EX Returned: September 16, 1998 Arakaki X Effective: September 16, 1998 Chung X Published: September 25, 1998 Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. A--7 ,",,_; ;+ AD L..,3. . a a CE .�iY co ':= o Did s;OUN:LEe. COUCviY OF kit�r"1;�ii 11L 40 / Cate l'Approved/Li raed this day CHAIRMAN of 4�p'�" , 19r COUNTY CLERK M OR, COUNTY Q HAWAII Bill No.: 271 Reference: C-911/PC-137 Ord.No.: 98 93 Ordinances 98-93 through 98-96 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on September 2, 1998,by vote as listed below: ORDINANCE 98-93 (Bill 271): An Ordinance amending Section 25-8-9 (Hawi-Kapaau Zone Map) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code,by changing the district classification from Single Family Residential (RS-15) to Village Commercial (CV-10) at Puepuehu,North Kohala, Hawaii, covered by TMK: 5-4-7:Portion of 2. AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Ray - 1. ORDINANCE 98-94 (Bill 273): An Ordinance to amend Ordinance No. 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Ray - 1. ORDINANCE 98-95 (Bill 274, Draft 2): An Ordinance amending Ordinance No. 98-50, relating to Public Improvements and Financing Thereof for the Fiscal year June 1, 1998, to June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Ray - 1. ORDINANCE 98-96 (Bill 275): An Ordinance to amend Ordinance No. 98-49, as amended, the operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 7. NOES: Councilmember Tyler - 1. ABSENT & EXCUSED: Councilmember Ray- 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— September 25, 1998) (West Hawaii Today— September 25, 1998) AFFIDAVIT OF PUBLICATION State of Hawaii ► ► SS: County of Hawaii ► LEILANI K. R. HIGAKI , being first duly sworn, deposes and says: 1. That she is the BUSINESS MANAGER of HAWAII TRIBUNE-HERALD, LTD. a newspaper published in the City of HILO State of Hawaii. 2. That the " Ordinances 96-93 through 98-96, etc. , of which a clipping from the newspaper as.published is attached hereto, was published in said newspaper on the following date(s) September 25 , 19 98 (etc.). #108006 /, Subscribed and sworn to before me this 1st day of October , 19 98 C21—;46s SHARON H. P. OGATA Notary Public, Third Circuit, State of Hawaii (� /� h \duA l :'r % 2C'30 My commission expires '� ° IPH 1 y� immipalizicitiwiransne.s mtrthe Monty Co. en 2, 1998,by vote as listed below: ORDINANCE 9843(Bill 271)An Ordinance amending Section 25-8-9(Haws-Kapaau Zone Map) Article 8,Chapter 25(Zoning Code)of the Hawaii County Code,by changing the dis- trict classification from Single Family Residential (RS-15) to Village Commercial (CV-10)at Puepuehu, North Kohala, Hawaii, covered by TMK: 5-4-7:Portion of 2. AYES: Councilmembers •Chung, Leithead-Todd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki-8. NOES: None. ABSENT&EXCUSED:Councilmember Ray-1. ORDINANCE 9 -94(BILL 273):An Ordinance to amend Ordinance No.98-49,as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Chung, Leithead- Tbdd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki-8. NOES: None.ABSENT& EXCUSED:Councilmember Ray-1. ORDINANCE 99-95 (BIII 274, Draft 2): An Ordinance amending Ordinance No. 98-50, relating to Public Improvements and Financing Thereof for the Fiscal year June 1, 1998,to June 30,1999.YES:Councilmembers Chung, Leithead-Todd, Reynolds,Santangelo,Smith, After, Yagong and Chairman Arakek4-8. NOES: None. ABSENT & EXCUSED: Councilmember Ray-1. ORDINANCE 9698(BM 275):An Ordinance to amend Ordinance No.98-49,as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Chung, Leithead-. Todd, Reynolds, Santangelo, Smith,"Tyler, Yagong and Chairman Arakaki-8.NOES: None.ABSENT& EXCUSED:Councilmember Ray-1. Copies of these Ordinances are available In the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLARK ( =) Nowau • • . .s.•- 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 " Ordinances 98-93 through 98-96 I hereby certify that the following Ordinances passed second and final reading ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) Sept. 25 , 19 98 (etc.) LJ Subscribed and sworn to before me this 28th day of Sept. , 19 98, r. Notary Public, Third Circuit, State of Hawaii Lana L. Taira My Commission expires Aug. 4, 2001 C/J Ordinances 9843 through 9846 I hereby arty that the foliating Ordinances passed second and final read- ing at the meeting of the County Council on September 2,1998,by vote as list- ed below: ORDINANCE 98-93(Bill 271):An Ordinance amending Section 25-8-9(Hawi- Kapaau Zone Map)Article 8,Chapter 25(Zoning Code)of the Hawaii County Code, by changing the district classification from Single Family Residential (RS-15)to Village Commercial(CV-10)at Puepuehu,North Kohala,Hawaii, covered by TMK:5-4-7:Portion of 2.AYES:Councilmembers Chung,Leithead- Todd,Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-8. NOES:None.ABSENT & EXCUSED:Councilmember Ray-1. ORDINANCE 98-94(Bill 273):An Ordinance to amend Ordinance No.98-49, as amended,the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, i Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-8.NOES: None.ABSENT & EXCUSED:Councilmember Ray-1. ORDINANCE 98-95(Bill 274,Draft 2):An Ordinance amending Ordinance No. 98-50,relating to Public Improvements and Financing Thereof for the Fiscal year June 1, 1998, to June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki-8.NOES:None.ABSENT & EXCUSED:Councilmember Ray-1. ORDINANCE 98-96(Bill 275):An Ordinance to amend Ordinance No.98-49, as amended,the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-7.NOES: Councilmember Tyler-1.ABSENT & EXCUSED:Councilmember Ray-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 (No.9368-West Hawaii Today:September 25,1998) I • .•rr- ^+any •:•,•.--,t F , bara