HomeMy WebLinkAboutBIL 205 Draft 02 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. 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