HomeMy WebLinkAboutBIL 313 Draft 01 1996-1998COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 313
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -la) TO NEIGHBORHOOD
COMMERCIAL (CN -20) AT KEONEPOKO, PUNA, HAWAII, COVERED BY TAX MAP
KEY 1-5-TPORTION OF 21.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-6, 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 Keonepoko, Puna,
Hawaii, shall be Neighborhood Commercial (CN -20):
Beginning at a pipe set in concrete at the Southerly comer of this parcel of land,
also being the Westerly comer of Lot 8-13 of Keonepoko Homestead, the coordinates of
this point of beginning referred to Government Triangulation Station "PAHOA" being
368.62 feet North and 538.35 feet East, thence running by azimuths measured clockwise
from True South:
1. 1580 34' 00" 199.29
2. 2040 34' 00" 28.77
3. 2500 34' 00" 280.73
feet along the Easterly right-of-way of Pahoa
Road to a pipe set in concrete;
Thence along Pahoa Road and Kahakai
Road on a curve to the right with a radius
of 20 feet, the direct chord azimuth and
distance being;
feet to a pipe set in concrete;
feet along the Southerly right-of-way of
Kahakai Road to a spike set;
4. 3400 34' 00" 219.87 feet along Lot 8 -C -2-A of Keonepoko
Homestead to a pipe set in concrete;
5. 700 34' 00" 293.76 feet along Lot 8-13 of Keonepoko Homestead
to the point of beginning and containing an
area of 1.500 Acres, 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. The applicant shall submit the anticipated maximum daily water usage and the
required water commitment payment to the Department of Water Supply in
accordance with its "Water Commitment Guidelines Policy" within ninety (90)
days from the effective date of this change of zone ordinance.
C Final Subdivision Approval of the two lots shall be secured within two (2) years
from the effective date of this ordinance.
D. Construction of the proposed development and related improvements within the
subject property shall be completed within five (5) years from the effective date
of this ordinance. This time period shall include securing Final Plan Approval
from the Planning Director for the commercial development within the subject
property. Plans shall identify structures, fire protection measures, landscaping
and paved and striped parking stalls, driveway and other improvements
associated with the proposed uses.
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E. Driveway access for the proposed commercial development shall be permitted
only from Kahakai Road, meeting with the approval of the Department of
Public Works. No access shall be permitted onto Pahoa Road except to the
existing single family dwelling.
F. Prior to the issuance of a Certificate of Occupancy for any development on the
subject property, the applicant shall provide improvements to the frontage along
Kahakai Road and Palma Road consisting of, but not limited to commercial
standard concrete curb and full width sidewalk, meeting with the approval of
the Department of Public Works, and install street lights, signs and markings, if
required, on Kahakai Road and Pahoa Road meeting with the approval of the
Department of Public Works. The applicant shall relocate utilities as necessary
to construct the commercial standard road.
G. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Public Works in conjunction with the submittal of plans for
Final Plan Approval.
H. Upon compliance with applicable conditions of approval, prior to the
establishment of any use or the opening of the proposed development, the
applicant shall submit a final status report, in writing, to the Planning Director.
I. Comply with all other applicable laws, rules, regulations and requirements of
the affected agencies for the development of the subject property.
J. Should the Council adopt a Unified Impact Fee 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 Fee
Ordinance.
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K. 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 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).
L. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject property 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. I (Its
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AMENDMENT
TO
THE ZONING
CODE
AMENDING SECTION 25-8-26
(PAHOA
ZONE MAP) ARTICLE 8, CHAPTER
25 (ZONING
CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A -1a)
TO NEIGHBORHOOD COMMERCIAL (CN -20)
AT
KEONEPOKO, PUNA, HAWAII.
PREPARED
BY :
PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 1-5-07: Portion o/ 21
SEPTEMBER 12, 1998
EXHIBIT "A"
($Ap4MO 1S1BOTA)