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Home My WebLink AboutBIL 314 Draft 01 1996-1998COUNTY OF HAWAII STATE OF HAWAII ORDINANCE BILL NO. 314 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 -5a) 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 1T 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 area 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 referred 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. 1630 43' 00" 40.60 feet along Lot 1 to a point; 3. 1910 45' 00" 4.80 feet along Lot 1 to a point; 4. 1750 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. 1670 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. 1710 57' 00" 54.32 feet along Lot I to a point; 9. 1710 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. 1790 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. 1740 48' 00" 25.06 feet along Lot 2 to a point; 14. 1740 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. 1740 23' 00" 50.90 feet along Lot 3 to a point; 17. 1700 26' 00" 23.45 feet along Lot 3 to a point; 18. 1700 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. 1760 02' 00" 1.32 feet along Lot 4 to a point; 21. 1690 10' 00" 56.20 feet along Lot 4 to a point; 22. 1760 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. 1740 07' 00" 48.96 feet along Lot 4 to a point; 25. 1740 07' 00" 10.34 feet along Lot 5 to a point; 26. 1730 34' 00" 33.10 feet along Lot 5 to a point; 27. 1740 13' 00" 49.90 feet along Lot 5 to a point; -2- -3- Thence, along a stonewall, along L.C. Award 8559-13, Apana 11, along Lanihau 1 st, for the following four (4) courses; 28. 2560 46' 05" 63.22 feet to a point; 29. 2700 28' 00" 29.75 feet to a point; 30. 2630 08' 10" 191.54 feet to a point; 31. 2630 34' 29" 110.11 feet to a point; Thence, around the archeology site, along the remainder of R.P. Grant 1861, Apana 1 to Kahiamoe for the following five (5) courses; 32. 060 41' 00" 95.78 feet to a point; 33. 3180 43' 00" 65.01 feet to a point; 34. 2470 38' 00" 70.01 feet to a point; 35. 1960 18' 00" 64.81 feet to a point; 36. 1690 31' 00" 71.56 feet to a point; Thence, along a stonewall, along L.C. Award 8559-B, Apana 11, along Lanihau I st, for the following five (5) courses; 37. 2540 24' 43" 157.32 feet to a point; 38. 2590 06' 00" 42.83 feet to a point; 39. 2620 04' 00" 20.74 feet to a point; 40. 2560 08' 00" 99.98 feet to a point; 41. 2440 30' 40" 86.00 feet to a point; -3- 42. 3380 00' 00" 557.92 feet along Lot 6-13 to a point; 43. 48° 15' 35" 160.19 feet to a point; 44. 580 05' 05" 121.80 feet to a point; 45. 570 39' 40" 369.99 feet to a point; 46. 570 53' 10" 215.19 feet to a point; 47. 600 56' 18" 213.75 feet to the point of beginning and containing an arca 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. 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. E. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to commencing -4- 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. Install sewer lines to connect with the Kealakehe Wastewater Treatment Plant, meeting with the approval of the Department of Public Works. I. 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. J. 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 first. A copy of the approved plan shall be submitted to the Planning Department for its files. -5- K. 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. L. Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. M. 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. N. 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. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 0 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). P. 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: tie COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: November 6, 1998 Date of l st Reading: November 6, 1998 Date of 2nd Reading: Effective Date: REFERENCE: Comm. 1016 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSE DATED: 7- TRUE NORTH = \ \ \ \\ AGRICULTURAL (A -5a) TO GENERAL \ COMMERCIAL (CG -20) \� AREA: 17.060 ACRES A-5. A-5. c0 511. N 2,210.5050 E \ 'I(N LUA" (NORTH p MERIDIAN) A " 5 e k` h. A-5. � /1 15-10\ CO -SO \CG -10' \ 2e STR feT \\ II 2 \ \ \ J ca -20 2 \\ JSP ca -20 Y 2 C, n OPCN ��, / / / CG ,1 \ 1 / CG -lO \ / 1 -io ca -So 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