HomeMy WebLinkAboutBIL 010 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 09 131 WHICH RECLASSIFIED LANDS FROM PROJECT DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED – 20,000 SQUARE FEET (MCX-20) AT KA‘Ū, NORTH KONA, HAWAI‘I,
COVERED BY TAX MAP KEY: 7-2-005:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 09 131 is amended as follows:
“SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 [(2005 Edition)] (2016 Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval.
The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order (Docket No. A03-744) dated May 19, 2005.
The applicant shall comply with the applicable conditions of Ordinance No. [06 105 effective July 17, 2006] 09 132 effective November 4, 2009, and any applicable amendments thereof.
The applicant shall submit a revised water system master plan for review and approval by the Department of Water Supply, and comply with the requirements of the Water Agreement including
completion and dedication of necessary water system improvements, prior to the issuance of Final Subdivision Approval.
Final Subdivision Approval shall be secured within [five (5)] ten (10) years from the effective date of this amended ordinance. Construction of the Queen Kaʻahumanu Highway-University
Drive intersection and University Drive from Queen Kaʻahumanu Highway to Ane Keohokālole Highway shall be completed prior to Final Subdivision Approval.
Prior to construction on each of the lots, the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance
with Section 25-2-70, Chapter 25 (Zoning Code), Hawaiʻi County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance
with the requirements of Planning Department’s Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaiʻi County Code.
Access to the [property] rezone area shall meet with the approval of the Department of Transportation and the Department of Public Works.
All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department
of Public Works prior to receipt of Final Subdivision Approval. Drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to the
[receipt of] issuance of a certificate of occupancy for any buildings[, or final subdivision approval for any subdivision creating single-family residential lots].
The existing Solid Waste Management Plan with the Department of Environmental Management shall be followed. Approved recommendations and mitigation measures shall be implemented in
a manner meeting with the approval of the Department of Environmental Management.
A wastewater treatment system shall be constructed, meeting the approval of the State Department of Health and/or Department of Environmental Management, whichever is applicable. All
wastewater shall be treated at an approved wastewater treatment plant, to a minimum of secondary treatment, with R-1 effluent, unless a greater level of treatment is required by the
Department of Health. Wastewater shall be used for irrigation of landscaping or other beneficial reuse to the maximum extent feasible.
An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a certificate of occupancy.
To ensure that the Goals and Policies of the Housing Element of the General Plan