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HomeMy WebLinkAboutBIL 107 Draft 02 2020-2022 JNSY°.or klly t�•L� y�i 1JJr�•• LINTY OF HAWAII STATE OF HAWAII arE os•i+►.e BILL NO. 107 ORDINANCE O. (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NO. 18 115 WHICH RECLASSIFIED LANDS FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-la) AT HONOKOHAU IIT AND 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-4-008:013, 030, 074, 076-078, 084, 085 & 090-100 (FORMERLY TMK: 7-4-008:013 & 030). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 18 115 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 19832( 016 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 (Applicant) shall be responsible for complying with all of the stated conditions of approval. -1- B. The [appliearrt]Applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No. A00-730) dated September 26, 2003. C. The [appl , apA sueeessefs of assigns]Applicant shall maintain valid water commitments to support the proposed development until such time that the required water facilities charges are paid in full. Moreover, the [applieant, sueeessefs of ]Applicant shall construct the necessary water system improvements as required by the agreements between Lanihau Properties, other parties,,and the Water Board. D. The subject area shall be zoned in multiple increments: 1. The first increment shall consist of Parcel 2 (MG zoned area) and Parcel 3 (9.9-acre MCX zoned area) whose zoning was effective upon adoption of Ordinance No. 04 110 on October 12, 2004. 2. Zoning increments within Parcel 1 (186.7-acre MCX zoned area) shall be identified by the [applie ]Applicant as part of future subdivision applications. The effective date of these future zoning increments shall be upon completion of construction or acceptance of financial assurance thereof, by bond or other means, meeting with the approval of the Planning Director, whichever occurs first, for the portion of road improvements as shown on the approved circulation plan within each increment. The incremental zoning boundaries shall be identified on the subdivision maps and shall be along the portions of the roads proposed to be improved and shall not include large lots, as described in Section 23- 28, Chapter 23, Hawaii County Code, or any remainder lot that is designated by the [appliearrt]Applicant on its subdivision plans. -2- t i s E. Prior to construction on the proposed lots, the [a,-plie,,,,+ sueeess ers a uss ]Applicant shall secure Final Plan Approval for the proposed development I from the Planning Director in accordance with Section 25-2-70, Chapter 25 x (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or 4 i proposed structures,paved driveway access and parking stalls associated with the 'i 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 the Landscaping Master Plan approved by the Planning Department on December 1, 2009,and/or any approved amendments i thereto. f r F. The [ ]Applicant shall implement landscaping improvements as required by the Landscaping Master Plan approved by the a Planning Department on December 1, 2009,and/or any approved amendments thereto. The required landscaping improvements shall be installed in conjunction with the development of immediate surrounding areas. G. An updated Traffic Impact Analysis Report (TIAR) certified by a licensed engineer shall be submitted for review and approval by the Planning Director in consultation with the Department of Public Works and the State Department of Transportation, if warranted by a significant change in circumstances or as may be required by the Department of Public Works during the design and review of construction plans for future road segments. The improvements identified in the updated TIAR shall be provided in an appropriate design year or phased in with the needed right-of-way provided. Mitigation measures called for in the revised TIAR that are reasonably related to project impacts shall be implemented in a manner that meets with the approval of the Planning Director in consultation with the Department of Public Works and the State Department of Transportation. -3- H. Access to Parcel I from Queen Ka`ahumanu Highway shall be limited to the North Access Road and the South Access Road signalized intersection under such terms and conditions required by the Department of Transportation. I. The [.,ppheantsueeessofs or- rs]Applicant shall implement the approved overall Roadway Circulation Plan submitted as Figure 2 with the November 2017 TIAR showing the major road corridors within the project area. Driveways within the North and South Access Roads between Queen Ka`ahumanu Highway and Kanalani Street shall meet with the approval of the Department of Public Works in consultation with the State Department of Transportation. J. Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L1 [and] M,N, and O, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The [ lievA]AApplicant shall construct Kamanu Street extending from the north [property] project boundary to the south [perty] project boundary except as provided in Condition N,below,meeting with the approval of the Department of Public Works. [At+its solo disefeti,,, the appl eHnl stages, tfa�vel. Gens4tietion of the fifst stage shall be eampleted prief to the County's sidewalks, meeting with the appfoval of the Department of Publie War-ks, whieh shall be eensti-aeted in eenjunetion with Final Subdivision Appr-eval f6f any land-s lots of femaindef lots. in the event that Kamanu St-Feet is eaftstfueted with Goenty -4- i Kama-mtt St-feet figM of way to the GaufAy at no east, and the Kamanu Stfee i I , I i lemeept as provided in Ganditions I 9 , l i event, Kamanu 7 othef than bulk of Femaindef lots, the applieaftt shalli e0fistfuetion I i 9 payments, of if feimbufsement is by way of the appheant taking evef4)offd such repayment shall begin within fi3tff yeafs of eefftpletie serving the project area only.] K. Prior to the issuance of a Certificate of Occupancy for development within an approximately 48.4-acre portion of[pareel]Parcel 1 (Initial Project Area, as indicated in Exhibit 3a of the November 22, 2017 amendment application), the [ ]Applieant shall construct the following roadway improvements to County dedicable standards: the Kanalani Street Extension from the north [property] rp o-ject boundary to the South Access Road; and the North and South Access Roads between Queen Ka`ahumanu Highway and the Kanalani Street Extension. L. Prior to the issuance of a Certificate of Occupancy for improvements within Parcel 2 other than for uses or improvements permitted or allowed as part of the on-going quarry and related activities, Kamanu Street Extension shall be constructed and available for use across the entire project area as provided in Condition J above. -5- i i M. Prior to the issuance of a Certificate of Occupancy within Parcel 3,the [applicant] Applicant shall improve the north side of Honok6hau Street, meeting with the approval of the Department of Public Works. I I 'i N. Provided that there is no further subdivision of Tax Map Ke. (TMK):� 008:077 (Parcel 77),prior to the issuance of a Certificate of Occupancy for any structure within Parcel 77, the Applicant shall construct the following i roadway/access improvements: the Kamanu Street Extension from the existing pavement within TMK: 7-4-024:013 to the southern boundary of TMK: 7-4- 008:078 to dedicable standards; and internal access improvements with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting;the terminus of Kanalani Street at the northern boundary of Tax Map Key: 7-4-008:078 to the Kamanu Street right-of-way, which shall be open to the public during normal business hours. Should Parcel 77 be further subdivided, prior to Final Subdivision Approval, Kamanu Street Extension shall be constructed and available for use across the entire project area as required by Condition J. O. Upon transfer of ownership to the Cougy of Hawaii b. the he Applicant, development and issuance of a Certificate of Occupancy within TMK: 7-4- 008:090 shall not require any improvements to Kamanu Street pursuant to Condition J above. [l-] P. Street lights, traffic signals and applicable traffic control devices shall be installed as required by the Department of Public Works as warranted pursuant to the Manual on Uniform Traffic Control Devices. [0-.] In order to address and mitigate potential impacts from non-point source pollutants, the [ liefnt]Applicant shall participate with the County of Hawaii in a pilot storm drainage program for roadways within the Kaloko-Honokohau -6- region. This pilot program may potentially include other developments within the County and apply to all other government and private developments. The [appliea ]Applicant shall participate by constructing all roadways within the proposed industrial-commercial park to County dedicable standards with paved swales. The drainage system within the road rights-of-way shall, if required by the County of Hawaii, include storm drain filtration devices which meet with the approval of the Department of Public Works, in consultation with the National Park Service, and the applicable permitting requirements of the Underground Injection Control (UIC) of the Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination System of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. [PL.] R. 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. [ ] S. The [app/ ,atA sueeessof s or assigns]Applicant shall fully comply with the provisions stipulated in the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD) approved Archaeological Preservation Plan and Burial Treatment Plan. Prior to crossing the Honokohau Trail, for which the State of Hawaii has made a claim of ownership,the Applicant shall enter into an agreement with the State as to such crossing, or secure a perpetual, non-exclusive access easement from the DLNR-Land Division with approval from the State Board of Land and Natural Resources. [R-.] T. In the [uftlikely] event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g.,rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional -7- disturbance and contact the State Historic Preservation Division at(808) 933- 7651. i [S-:] U. To ensure that the Goals and Policies of the Housing Element of the General Plan I are implemented, the Applicant [^��' ^^�+ N�]Appiicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy. [T-.] V. 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. [U-.] W. Comply with all other applicable laws, rules, regulations and requirements of other affected agencies. [V-.] X. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of this amended ordinance. 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. [W-] Y. 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 [applieant stfeeessafs a„ assigns]Applicant, and that are not the result of their fault or negligence. -8- 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). [ ] Z. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. i SECTION 3. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 4. 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 i without the invalid provision or application, and to this end the provisions of this ordinance are severable. I i i i i i I i i I -9- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: CO CIL MEMBER, COUNTY'0011AWAIl Hilo , Hawai`i Date of Introduction: March 23, 2022 Date of 1 st Reading: March 23, 2022 Date of 2nd Reading: April 6, 2022 Effective Date: REFERENCE Comm. 575.2 -10- i :'. R5110 A 5a R,bt-3 ;t A- a _i ; RS-10 OPEN RS 15 A-5a I I I t•fia l 'St. A-la u A-5a f;*',' A,Sa I � A-5a 'iA5 4 A-5a PAIRCEL 2CAI OPE,IN(0)TO ENERtAL-NbUSTRIA_L(MG_1i� A-Sa ,. A-5a 85.733 AGS. �p N fi•sa I RS-7.5 OPEN 1310,52P.315 N 322,3 .4E OPEN PARCEL13 "NA AtRrPLANECOORD)HATE OPEN �}' , OPEN(0) O I j GRIP SYSTEM ZONE I" lIIDUMERCIAL A5a htCX-ta MIXED j' C 20 L� t k 9.901 ACSf- I OPEN I J1 OF-N r ' Po;CX-ia NIL ML-la / r"' e V�,:, — Qy12 OPEN 110, OPEN - _ i 1 I f Fi _r_. ' ,! flag', ui ii• ( r .i.. ---------III '� L ^�• ii' I S ... �t4._.._ OPEN it j QPEN I I 321,393.14E 1 "HAWAII PLANE CGQRD GRID SYSTEhf ZO E i" 310,073.83 N OPENI 320.034.85 E- =+ .... ' OPEN "HAW.O•PLANE CPORDINATE .,_Gk!D`S TE / ,I OPEN , R f �'S hf O E 1' 1 Nonokohau , \RS-10 Bay �.. ,=RM-31 OPEN ARCEL 1 QPEN 1 OPEN(0)TO I OPEN RS-10 V•1-Z511 IND USTRIAL•COMMERCIAL Rht-3 1" CV-10 PAIXED( .CX-20) t 186.733 ACS. 2,500 1.250 0 2,500 5.000 7,SCG 10,000 t 2.50Q Feet AMEf'q' DMENT TTHE Z 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 OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-1a) AT HONOKOHAU 1 st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-4-8:Por. 13&30 Date:June 7,2004 EXHIBIT "A" (West Hawaii Business Park,LLC:1127) FOR REFERENCE ONLY