HomeMy WebLinkAboutBIL 205 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 17-65 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 20 ACRES (A-20a) TO GENERAL INDUSTRIAL – 20,000 SQUARE FEET (MG-20) AT KEAʻAU, PUNA, HAWAI‘I, COVERED
BY TAX MAP KEY: 1-6-141:002.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 17-65 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] Applicant, its successors or assigns (“Applicant”) shall be responsible for complying with all of the stated conditions of approval.
Construction of the proposed development, as substantially represented by the applicant, or as permitted by the zoning district classification, shall be completed [within five (5) years
from the effective date of this ordinance.] by September 29, 2027. Prior to construction, the applicant shall secure Final Plan Approval for the proposed development from the Planning
Director in accordance with Section 25-2-71, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and
parking stalls, fire department access, and landscaping associated with the proposed development. Landscaping shall 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) and Chapter 25 (Zoning Code), Hawai‘i
County Code.
The [applicant, its successors or assigns] (Applicant) shall not use water from the County system for distilling, brewing, or other similar water bottling production facilities.
The [applicant] Applicant shall provide maximum daily water usage calculations prepared by a professional engineer licensed in the State of Hawaiʻi and a water commitment deposit in
accordance with the “Water Commitment Guidelines Policy” shall be submitted to the Department of Water Supply prior to the submittal of plans for Plan Approval review to the Planning
Department. Based upon the calculations, if required, the applicant shall install a larger or additional service lateral or meter, and remit the prevailing facilities charge to the
Department of Water Supply. The applicant is responsible for maintaining valid water commitments to support the proposed development until such time that required water facilities
charges are paid in full.
Prior to receipt of a Certificate of Occupancy, the applicant shall provide a fire hydrant within 150 feet of the property, and either upgrade the existing 4-inch waterline to a 12-inch
waterline for a distance of approximately 800 feet or provide a private water system capable of providing a minimum flow of 2,000-gallons per minute for a 2-hour duration and a pipeline
velocity of less than 10 feet per second, or provide another method of fire protection as approved by the Fire Department.
Should a larger water meter be required, a reduced pressure type backflow prevention assembly must be installed within five (5) feet of the meter on private property and must be inspected
by the Department before water service can be activated.
Subject to other agencies’ requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible
for the relocation and adjustment of the Department’s affected water system facilities, should they be necessary, which may include conveying the water system improvements and necessary
easements to the Water Board.
All driveway connections to [Slaughter House] Shipman Road (formerly Slaughter House Road), shall conform to Chapter 22, County Streets, of the Hawai‘i County Code.
The applicant shall provide a 10-foot wide road and utility easement along the subject property frontage of [Slaughter House] Shipman Road (formerly Slaughter House Road). The easement
shall provide reciprocal rights for access to all lots along [Slaughter House] Shipman Road (formerly Slaughter House Road). Prior to receipt of a Certificate of Occupancy[,] for any
new structures (excluding structures not requiring a certificate of occupancy such as storage and utility sheds
and other similar structures), the applicant shall widen the existing 16- to 18-foot wide paved road from the western terminus end of the flagpole portion of TMK’s 1-6-141:001 and 024,
to at least 25 feet beyond the proposed last access on the subject property, with a 20-foot wide paved road and 8-foot wide graveled shoulders on both sides. Prior to receipt of final
subdivision approval and/or a condominium property regime (CPR) of the subject property, however, the applicant shall improve the road and utility easements over TMK’s 1-6-141:001,
024, 027 and 028 to provide road improvements meeting [the County Department of Public Works Standard Details R-33 and R-34 to include paved travel lanes, shoulders and drainage swales
within a 60-foot wide right of way. The improvements within the 60-foot wide right-of-way shall be privately owned and maintained unless a road lot is created and dedicated to the County
of Hawai‘i.] with the requirements of Chapter 23, Hawaiʻi County Code (Subdivisions).
All development-generated runoff shall be disposed of on site and shall not be directed towards any adjacent properties.
All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code.
During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry
standards and practices utilized during construction projects of the State of Hawai‘i.
The applicant shall meet the requirements of Chapter 50, Food Safety Code, of the Department of Health rules related to food manufacturing (including water bottling).
The method of sewage disposal shall meet with the requirements of the Department of Health.
To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire fencing shall not be used in the permit area and woody vegetation over 15 feet in height shall not be
disturbed, trimmed or removed during bat birthing and pup rearing season of June 1st to September 15th without first conducting surveys for bat nests and coordinating with US Fish and
Wildlife Service (USFWS) if nests are found. Surveys shall be conducted by a qualified biologist.
To protect any Hawaiian hawks in the vicinity of the property, ground clearing, grubbing activities and construction shall not occur in the permit area during hawk breeding season of
March to September without first conducting surveys for hawk nests and coordinating with USFWS if nests are found. Surveys shall be conducted by a qualified ornithologist.
To protect any seabirds (Hawaiian petrels, Newell’s shearwaters and band-rumped storm petrel) in the vicinity of the property, any lighting shall be fully shielded so that the bulb can
only be seen from below bulb height. The lights shall be turned off when human activity is not occurring in the lighted area.
[Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and
the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance
from the DLNR SHPD when it finds that sufficient mitigative measures have been taken.] In the 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 disturbance and contact
the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures
have been taken.
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.
To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1 of the Hawaiʻi
County Code relating to the Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to the issuance
of Final Plan Approval.
The [applicant]Applicant, its successors or assigns shall comply with all other applicable laws, codes, rules, regulations and requirements of affected agencies for the development of
the subject property.
An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances:
The non performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their
fault or negligence.
Granting of the time extension would not be contrary to the General Plan or Zoning Code.
Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone.
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).
If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicant’s request to the County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely manner, the Planning Director may initiate rezoning of the 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:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: