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Home My WebLink AboutORD 2021-025 2020-2022COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 21 25 BILL NO. 10 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 KAT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-2-005:001. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 09 131 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [� Ems}] (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: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use 4- Commission's Decision and Order (Docket No. A03-744) dated May 19, 2005. C. The applicant shall comply with the applicable conditions of Ordinance No. [96 11�eet � e T',, 1 ' 1, 'WWW 09 132 effective November 4, 2009, and any applicable amendments thereof. D. 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. E. Final Subdivision Approval shall be secured within [] ten 10 years from the effective date of this amended ordinance. Construction of the Queen Ka`ahumanu Highway -University Drive intersection and University Drive from Queen Ka`ahumanu Highway to Ane Keohokalole Highway shall be completed prior to Final Subdivision Approval. F. 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), Hawaii 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), Hawaii County Code. -2- G. Access to the [hefty] rezone area shall meet with the gpproval of the Department of Transportation and the Department of Public Works. H. 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 [FeleVe4pt efl issuance of a certificate of occupancy for any buildings[, cr final subdiv; X -, roya f^r an nc��^r, nrontina Qir�nLo :FgMi14, roc.tdorn+inl LgtQ ]4divi 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. J. 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. K. 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. L. To ensure that the Goals and Policies of the Housing Element of the General Plan -3- are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Subdivision Approval; in addition, any affordable housing credits earned from the industrial -commercial mixed zone shall be applied to the original and remaining project district from which this zoning was removed and shall be constructed on-site in the original project district defined in Ordinance No. [] 09 132, as amended. M. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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 is found that sufficient mitigation measures have been taken. N. 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. - - . :. _. ... ... . -- -- - - - M Wwwwworz =now.. -.. . . YPW9 - - fflvrnt� PM I MR.T.-TEWOMMM• - - M [P-.] O. Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. [Q -.JR. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this ordinance [�r0;eet. Distriet Or- roan ] The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director acknowledges that further reports are not required. [R -.]O [tin initial extension o f time for the pier fief ee „f .-.on itions within the L 111 initial Vl16 V11U1 V11 ill time [rl /�/�Z��1-�/�[r =_� . !_ � � • 5��/�\�ii9�\ ��/�l�\�I ��/�q�►moi!\.I �/�\�1!��lT�►1!►7�1�►1►1�/nl ��iZTTJlrrPAAIIbA H n:mrl 7 AX &are not the result �L 7oir faultl. Ar , QCXI. � runt tfQIj f44r- vMorf�rmrc-mr®-OA.o, n46, nenrlt+i on to be -5- 54 If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. R. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: NVC � CO CIL MEMBER, COUNTY OF H WAI`I Hilo , Hawai`i Date of Introduction: February 17, 2021 Date of I st Reading: February 17, 2021 Date of 2nd Reading: March 3, 2021 Effective Date: March 16, 2021 REFERENCE Comm. 50 W I OPEN MG-ln OPEN i W OPEN MG -15 A 5a OPEN OPEN OPEN / A -5a / / / / / / PROJECT DISTRICT (PD) TO INDUSTRIAL -COMMERCIAL MIXED - 20,000 SQUARE FEET (M CX -20) 29.920 ACRES / / i / OPEN / /' A -5a PO PD r ON / r / A -5a A -500a A -5a A -500a A -500a A -5a A -5a Pb a Pb A -5a A -5a AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM PROJECT DISTRICT (PD) TO INDUSTRIAL -COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT KAU, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT FOR REFERENCE ONLY TMK 7-2-05 por 1 DATE Apnl 21, 2009 EXHIBIT "A•. Map U10bal Hoiding W; Map 1262) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Ashley L. Kierkiewicz (B/R) Date Introduced: February 17, 2021 First Reading: February 17, 2021 Published: February 26, 2021 REMARKS: Second Reading: March 3, 2021 To Mayor: March 11, 2021 Returned: March 16, 2021 Effective: March 16, 2021 Published: April 2, 2021 REMARKS: t a t,... . ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali` i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. // COUNCIL CHAIRPERSON !6P roved/ isapproved this day Of 120-2-1 C MAYOR, COUNTY OF HAWA17 10 C-50/PC-9 Reference: Ord No.: 21L 25