HomeMy WebLinkAboutORD 2022-034 2020-2022 • _Jt4YOFN,�,,
COUNTY OF HAWAII -(. ''�=� /_•- STATE OF HAWAII
•.r4*.6;.M',`1,t
BILL NO. 107
ORDINANCE NO. 22 34 (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-1a) AT HONOKOHAU 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 HAWAII:
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:
(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 [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.
C. 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.
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 [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, Hawai`i County Code, or any remainder lot that is
designated by the [applicant]Applicant on its subdivision plans.
-2-
E. 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), Hawai`i 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.
F. 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.
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 1 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.
The [applicant, successors or assigns]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, L2 [and] M,N, and 0, below,
Kamanu Street Extension shall be constructed and available for use across the
entire project area. The [appt]Applicant shall construct Kamanu Street
extending from the north [property] project boundary to the south [property]
project boundary except as provided in Condition N, below, meeting with the
approval of the Department of Public Works. [At its sole discretion,the applicant
may construct Kamanu Street Extension in stages, the first of which shall consist
of preliminary vehicular access (hereinafter defined as road improvements
requirements of the Department of Public Works, suitable for through vehicular
issuance of a Certificate of Occupancy for any portion of the subject property,
except as provided herein. The second stage shall consist of upgrading-the
sidewalks, meeting with the approval of the Department of Public Works, which
shall be constructed in conjunction with Final Subdivision Approval for any lands
along the roadway improvements constructed in the first stage, excluding large
lots or remainder lots. In the event that Kamanu Street is constructed with County
-4-
Kamanu Street right of way to the County at no cost, and the Kamanu Street
gutter and sidewalks,prior to the issuance of a Certificate of Occupancy within
the subject property, except as provided in Conditions K, L and M herein. In this
Kamanu Street, other than bulk or remainder lots,the applicant shall reimburse or
Provided that reimbursement shall occur within five years of completion of
construction, or if reimbursement is by way of the applicant taking over bond
payments, such repayment shall begin within four years of completion of
construction. Reimbursement of the cost of construction of Kamanu Street shall
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[mac-el]Parcel 1 (Initial Project Area, as
indicated in Exhibit 3a of the November 22, 2017 amendment application), the
[applicant, successors or assigns]Applicant shall construct the following roadway
improvements to County dedicable standards: the Kanalani Street Extension from
the north [property] project 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-
M. Prior to the issuance of a Certificate of Occupancy within Parcel 3,the [appt]
Applicant shall improve the north side of HonokOhau Street, meeting with the
approval of the Department of Public Works.
N. Provided that there is no further subdivision of Tax Map Key (TMK): 7-4-
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
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 County of Hawai`i by the 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.
[N] 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.
[a] 2 In order to address and mitigate potential impacts from non-point source
pollutants,the [applicant]Applicant shall participate with the County of Hawai`i
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
[applieant]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 Hawai`i, 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.
[P7] 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.
[Q7] S. The [applicant, successors 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 Hawai`i 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 [unlikely] 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.
[S ] U. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,the Applicant [applicant, successors or assigns]Applicant shall
comply with the requirements of Chapter 11, Article 1, Hawai`i 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 [applicant, successors or
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).
[X] 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.
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
without the invalid provision or application, and to this end the provisions of this ordinance are
severable.
-9-
ry
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO CIL MEMBER, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: March 23, 2022
Date of 1st Reading: March 23, 2022
Date of 2nd Reading: April 6, 2022
Effective Date: April 2j 2022-_
REFERENCE Comm. 575.2
-10-
t . \.
I RS-7.5 1 i - •i R- 4----- - •''''' •-- - i 1 ‘ I 11.---
, ,
, ', A-a 7
-I - . ' A-5a
1 RM-3 ,
'
I 1
1
I• , ..., ,I
../. ritabaw.lela RS-15•• -
OPEN _- I 1 1
I I I 41a •'-St. A-1 a .
••
---------- A-5a
' - ! - III,, A-5a
( 1 I,,,. A-5a . .1;.: ••..p.5a
1 LLI I
I &•
/ 44 rr, . ,0, ,..:... I
I .* I 107440 ii '- I A5a
• I 0,
( 1 •C>• , •
A-5a I igt- 'atig Itil
, • \ ,.0,
\N\
I
1___-L---_,..:. .•:,..__------- "' r.,..1;, PARI C EL 2
4,2.-4\ .
1 iir.tallikli6.- c,-,
--N
OPEN(0)TO(0)TO
, 7
I
ENERAL1N6USTRIAL(MG-14) A.
i
1\ 85.733 ACS.
A-5a .-_-_. ....- .615°4
1, \.
I ;
-
- A-5a
••
!_R_S-..77.5 r:_T. -''•oi ell \ OPEN
13-10,524.3.51 N I \ . . . - 1 \ •
.--.• ',_ II ! ,
:
1322,30.1 E ,,' •
•• OPEN • >, OPEN,
I OPEN I-- - % •- PARCEL13 1 •
i1 .,.... . --
"HAWAII'PLANE COORDINATE I in_ OPEN(0)i10 t
,•,-gr
GRI C)SYSTEM ZONE 1" .•••- * ..- \• ::L•i0iji)014;ii I INDUSTRIAL-cp MERCIAL
A ii5a 1,/ --- • yif:ii;.IIIA:Ii!ii;Iitiil _._ .. I MIXEDIMC -20)1_
•--'- 'i!ild:.•i,i:.i1;?iii.IIIIIA;ii-•!,:! :,-g - I --
.
i•Itt..iFi,'4;)0ip•tipq;-:•;li _. ...,. • - 9.901 Acs- 1
:1,,,-::::,,0,7414,,,,:,il,,A,...ti, .
ML-la :i!i?-i.:,.1n: 7,3.e'iqlift.ii!I:I;r.lilE
•?,,‘,:;5:.;,:k:f,e;i:14;t::i.4.Ms.;,t$:,,aj9::1,0 OPEN k .
dPEN / I M L-I a ;.,..!,;,-;it:.:.•14,x,•1.441,..ms-4,,Dif.;,:‘,4y,n
in..5...v.:,:,..zt:•-,10.5J;-2,;:iro:if,:4;i,,:::ii s L,‘3041•
: / I _ _ - :,‘,,,,••,-ir.A;-.T...,,;... ,144.••:,:,,Ipi'il'
c,kri:Mig,Alta.i,$ii!it;iiia)!iii
1 . i
MX1 a M L-1a ML C1ke° • \Y\
• C - .41 -L_i -I a i:f.'pl!- '??iY:ffP:1';:?,I;::11.4ii4ii wqii - I r
OPEN
; mill OPEN -I' - I'-51,':1-U,Sf:'N:;ia:31;:q•c!;;,IMiift,Oi it; _ •-
• • i ; 1 --. -•[--:i'--A1-- — -iTi:ilf101 2 fig ni,Nitili !!i1,1!! lit 1
ML-1 a 44 .. .
' -1- - - •e''''':4-_-_ti,.::,).-:;,.;;tn,,,I,T47,-.-.t.!•' Da . -III I
1 II 1
i o r-
i rk-1... -•i X - ; • i ';'10•:' ;;Y,;71;i70i4li OAP'''''• i 01 ; , - -
i-- -1 ML-la
\---. 0011111MMI TliP::iFt:n!iiit' '••-•-•' i I
I-• -i I 0 OPEN
1 1 I
...i11.1111111 i
cp 1
1 I 1 1
•--J :.--r i 306,466.91N -0
i 1
1 1 1 1
ti n NC2`2'\1°2‘C\k1'6141
OPEN .•• -- [ 321,393.14 E
.- i
'1 0,\.le ' .. ...-\ 1 1 i
.
. -
/ "HAWAII PLANE CORD NATE - I I I I
.7 i ,:, ' I
i1 I I
. GRID SYSTEM ZONE 1" 1 ' .
•
310,073.83 N .---' 1 1 ,. - -.
OPEN1 / '
320.034.4E.-* 1 / 1 :':---- / '
,
I OPEN "H.414Y0 PLANE,COORDINATE 1 .
•--cdPID\SVSTEM 401E i" / Hanokohau ) _ OPEN ,
....." i
1
.-:- : , • ,
\ \""'4",,
/ Bay \ -. •,
,\,,RS-10\ \ ,/ / , • I 1 •ARCEL 1 ._._,
•,\N 2 \ , • , RM-31 OPEN I
\-- - \-/OPEN' .1 OPEN(0)TO I OPEN
N
R S-10 / '''. V-1_2511 INDUSTRIAL-COMMERCIAL I
MIXEQ(MCX-20)
\ c: ...fmr-3 i CV-I0 '.
186.733 ACS.
N. --• . i
2.500 1.250 0 2,500 - 5,000 7,500 10,000 12.500
_ .. •---- -Feel
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 OPEN (0)
TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20)
AND GENERAL INDUSTRIAL (MG-1 a)
AT HONOKOHAU 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
- TMK: 7-4-8:Por. 13&30 Date:June 7,2004
EXHIBIT "A"
FOR REFERENCE ONLY (West Hawaii Business Park,LLC:1127)
• .
._._
Khit
OFFICE OF THE COUNTY'C e�� Tv �1
County of Hawaii
Hilo, Hawai`i n26 PI 11: 5 4
nn
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: March 23, 2022 AYES NOES ABS EX
First Reading: March 23, 2022 Chung X
Published: April 1, 2022 David X
Inaba X
REMARKS. Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: April 6, 2022 9 0 0 0
To Mayor: April 14, 2022 (Draft 2)
Returned: April 26, 2022 ROLL CALL VOTE
Effective: April 21, 2022
Published: May 6,. 222 . AYES NOES ABS EX
Chung X
REMARKS: David X
Inaba X
Kdneali'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. 0., 41,01410/
—'
!• `
COUNCIL CHAIRPERSON
(Trove Disapproved this day
of /-Pry l 20 a Z . RK
Bill No.: 107 (Draft 2)
MAYOR, COUNTY OF HAWAI`I C-575 . 2/PC-47
Reference:
Ord No.: 22 34