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HomeMy WebLinkAboutBIL 107 Draft 02 2020-2022COUNTY OF HAWAI‘I  STATE OF HAWAI‘I  BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 18 115 WHICH RECLASSIFIED LANDS FROM OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-1a) AT HONOKŌHAU 1ST AND 2ND, NORTH KONA, HAWAI‘I, 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 HAWAI‘I: SECTION 1. Section 2 of Ordinance No. 18 115 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 (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 (Applicant) shall be responsible for complying with all of the stated conditions of approval. The [applicant]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. The [applicant, successors or 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 [applicant, successors or assigns]Applicant shall construct the necessary water system improvements as required by the agreements between Lanihau Properties, other parties, and the Water Board. The subject area shall be zoned in multiple increments: 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. Zoning increments within Parcel 1 (186.7-acre MCX zoned area) shall be identified by the [applicant]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, Hawaiʻi County Code, or any remainder lot that is designated by the [applicant]Applicant on its subdivision plans. Prior to construction on the proposed lots, the [applicant, successors or assigns]Applicant 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 the Landscaping Master Plan approved by the Planning Department on December 1, 2009, and/or any approved amendments thereto. The [applicant, successors or assigns]Applicant shall implement landscaping improvements as required by the Landscaping Master Plan approved by the 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. 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.