HomeMy WebLinkAboutBIL 314 Draft 03 1996-1998 COUNTY OF HAWAT~_ ' ;STATE OF HAWAII
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BILL NO. 314
(Draft 3)
ORDINANCE NO. 98 129
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO
GENERAL COMMERCIAL (CG-20) AT LANIHAU 2ND AND MOEAUOA 2ND, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-3:PORTIONS OF 6 AND 7.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, 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 azea situated at Lanihau 2nd and
Moeauoa 2nd, North Kona, Hawaii, shall be General Commercial (CG-20):
Beginning at the Southwesterly comer of this parcel of land, being on the East
side of Lot 3, the coordinates of said point of beginning refereed to Government Survey
Triangulation Station KAILUA (NORTH MERIDIAN) being 511.32 feet North and
2,210.50 feet East and running by azimuths measured clockwise from True South.
Thence, along the Great Wall of
Kuakini, along the Crossroads
Subdivision for the following 27
courses;
1. 147° 02' 00" 126.60 feet along Lot 1 to a point;
2. 163° 43' 00" 40.60 feet along Lot 1 to a point;
3. 191 ° 45' 00" 4.80 feet along Lot 1 to a point;
4. 175° 26' 00" 41.65 feet along Lot 1 to a point;
5. 179° 32' 00" 62.00 feet along Lot 1 to a point;
6. 167° 59' 00" 8.10 feet along Lot 1 to a point;
7. 179° 25' 00" 34.69 feet along Lot 1 to a point;
8. 171° 57' 00" 54.32 feet along Lot 1 to a point;
9. 171 ° 57' 00" 7.83 feet along Lot 2 to a point;
10. 172° 08' 00" 38.40 feet along Lot 2 to a point;
11. 179° 09' 00" 50.80 feet along Lot 2 to a point;
12. 172° 19' 00" 10.40 feet along Lot 2 to a point;
13. 174° 48' 00" 25.06 feet along Lot 2 to a point;
14. 174° 48' 00" 6.35 feet along Lot 3 to a point;
15. 182° 04' 00" 40.78 feet along Lot 3 to a point;
16. 174° 23' 00" 50.90 feet along Lot 3 to a point;
17. 170° 26' 00" 23.45 feet along Lot 3 to a point;
18. 170° 26' 00" 26.81 feet along the end of a 60-feet wide roadway
to a point;
19. 176° 02' 00" 33.27 feet along the end of a 60-feet wide roadway
to a point;
20. 176° 02' 00" 1.32 feet along Lot 4 to a point;
21. 169° 10' 00" 56.20 feet along Lot 4 to a point;
22. 176° 00' 00" 39.80 feet along Lot 4 to a point;
23. 169° 01' 00" 45.80 feet along Lot 4 to a point;
24. 174° 07' 00" 48.96 feet along Lot 4 to a point;
25. 174° 07' 00" 10.34 feet along Lot 5 to a point;
26. 173° 34' 00" 33.10 feet along Lot 5 to a point;
27. 174° 13' 00" 49.90 feet along Lot 5 to a point;
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Thence, along a stonewall, along L.C.
Award 8559-B, Apana 11, along
Lanihau 1st, for the following four (4)
courses;
28. 256° 46' OS" 63.22 feet to a point;
29. 270° 28' 00" 29.75 feet to a point;
30. 263° 08' 10" 191.54 feet to a point;
31. 263° 34' 29" 110.11 feet to a point;
Thence, azound the archeology site,
along the remainder of R.P. Grant 1861,
Apana 1 to Kahiamoe for the following
five (5) courses;
32. 06° 41' 00" 95.78 feet to a point;
33. 318° 43' 00" 65.01 feet to a point;
34. 247° 38' 00" 70.01 feet to a point;
35. 196° 18' 00" 64.81 feet to a point;
36. 169° 31' 00" 71.56 feet to a point;
Thence, along a stonewall, along L.C.
Awazd 8559-B, Apana 11, along
Lanihau 1st, for the following five (5)
courses;
37. 254° 24' 43" 157.32 feet to a point;
38. 259° 06' 00" 42.83 feet to a point;
39. 262° 04' 00" 20.74 feet to a point;
40. 256° 08' 00" 99.98 feet to a point;
41. 244° 30' 40" 86.00 feet to a point;
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42. 338° 00' 00" 557.92 feet along Lot 6-B to a point;
43. 48° 15' 35" 160.19 feet to a point;
44. 58° OS' OS" 121.80 feet to a point;
45. 57° 39' 40" 369.99 feet to a point;
46. 57° 53' 10" 215.19 feet to a point;
47. 60° 56' 18" 213.75 feet to the point of beginning and containing
an azea of 17.060 acres to a point.
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 petitioner, its successors or assigns, shall be responsible for complying with
all conditions of the change of zone.
B. The petitioner, its successors or assigns, shall be responsible for complying with
applicable conditions of the State Land Use Boundary Amendment Decision and
Order in Docket No. A94-705. The petitioner, its successors or assigns shall
provide a minimum 20-foot buffer from the property line along the Great Wall
of Kuakini, and shall remove the rocks from the wall by other than mechanical
means.
C. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of the change of zone ordinance.
D. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this change of zone ordinance.
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E. Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to commencing
construction, Final Plan Approval for the proposed development shall be
secured from the Planning Director in accordance with Chapter 25-2-70 of the
Zoning Code. Plans shall identify the proposed structures, vehicular traffic,
paved driveway access and parking stalls associated with the proposed use.
Landscaping shall also be indicated on the plans and be provided for the purpose
of mitigating any adverse noise or visual impacts to adjacent properties.
F. All roadways within the proposed development shall be improved with curbs,
gutter and sidewalk improvements meeting with the approval of the Department
of Public Works.
G. All accesses, including intersection improvements, shall meet with the approval
of the Department of Public Works.
H. The additional left-turn lane for the west-bound traffic turning south onto Queen
Ka' ahumanu Highway shall be accommodated by converting the existing
through lane into a shared left-turn through lane, along with re-striping to the
intersection and changing the existing signalization, subject to the approval of
the Department of Public Works and the State Department of Transportation.
I. Install sewer lines to connect with the Kealakehe Wastewater Treatment Plant,
meeting with the approval of the Department of Public Works.
J. A Drainage Study shall be prepared for review and approval by the Department
of Public Works. The drainage study shall be submitted to Federal Emergency
Management Agency (FEMA) and a letter of map revision (LOMR) or a
Physical Map Revision (PMR) shall be issued prior to construction, if required.
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K. A Solid Waste Management Plan for the proposed development within the
subject property shall be prepared and submitted for approval to the Department
of Public Works prior to securing Final Subdivision Approval or Final Plan
Approval, whichever occurs fast. A copy of the approved plan shall be
submitted to the Planning Department for its files.
L. An overall landscaping plan, which includes landscaping along the interior
subdivision roadway and a program for the maintenance of the landscaping
master plan, shall be submitted to the Planning Director for review and
approval, prior to the issuance of Final Subdivision Approval or Final Plan
Approval, whichever occurs first.
M. Comply with all other applicable laws, rules, regulations and requirements of
the affected government agencies for the proposed development.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or assessments of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
O. An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this change of zone. The report shall
address in detail 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 Director acknowledges
that further reports are not required.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
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1. The non-performance is the result of conditions that could not have been
foreseen or aze beyond the control of the applicant, 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 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).
Q. 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.
INTRODUCEI~BY:
'COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 6 , 19 9 8
Date of 1st Reading: November 6, 1998
Date of 2nd Reading: November 18, 1998
Effective Date: December 7, 1998
VBD AS TO~~F~~ AND LEGALITY
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CORPORATION CO SEL
DATED: l~~ zs-~u
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO GENERAL COMMERCIAL (CG-20) AT LANIHAU 2ND & MOEAUOA
2ND, NORTH KONA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-5-3: Portions of 6 & 7 AUGUST 6, 1998
EXHIBIT ~~A'~ (MO~cnan o....wvm•~< cc.v.>
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
" -ROLL CALL VOTE"
InvoducedBy: Bobber Jean Leithead-Todd AYES NOES ABS EX
Date Introduced: November 6, 1998 Arakaki X
First Reading: November 6, 1998 Chun X
Published: N/A Leithead-Todd
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
8 0 1 0
(DRAFT 3)
19 9 8 ROLL CALL V OTE
Second Reading: November 18 ,
November 24, 1998 AYES NOES ABS EX
To Mayor: X
Returned: December 7, 1998 X
Effective: December 7, 1998 Chung
Published: December 21, 1998 Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
8 0 1 0
I DO HEREBY C~E•ggTT~~~ tt[~gIIt the f(oregoing B/LL was adopted by the County Council and published as
indicated above. ArPKCJVEU A$ TO
O AND LEGAL
s U v~Y~'~
EPUTY CORPORATION COUNSEL
COUNTY OF HAW/~II
Date t l ~LS ~9`~F. '
Approved/Deseepp+e+~d this 7 day CO NC/L CHA/RMAN
of ,t?.acetM o.k /9~' 152----~ ~#GG-~1~.
I COUNTY CLERK
YOR, COUNT ~ OF HAW Bill No.: 314 (Draft 3 1
Reference: C -1A0p16 / PC -15 6
Ord. No.: 98