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Home My WebLink AboutBIL 205 Draft 01 2024-2026r- COUNTY OF HAWAII STATE OF HAWAII ATE OF N►'--- BILL NO. 205 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 92-122,WHICH AMENDED SECTION 25-114 (CITY OF HILO ZONE MAP),ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT-HOTEL,SAFETY (V-S-.75) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY NOS. 2-2-033:011, 12, 19,AND 20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 92-122 is hereby amended to read as follows: "SECTION 2. [This change in district classification is conditioned upon the following: approval; (B) B. Final consolidation approval of the subject properties shall be secured within one year-from the eff ctive date fthe change efzone; (C) C. Final plan approval for the proposed fish processing/warehouse/office facility from the date of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25 241 (Zoning Code), plans shall be submitted a minimum of forty five (15) days prior to the date for which plan approval associated with the proposed development; (D) Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (E) In the design and review of any improvements, due consideration shall be given to the minimization of noise a dve s a acts'+, o,,gh . .,te sitinn height, bulk, color schemes, signage, and landscaping; (F) Access to the project site shall meet with the approval of the Department of Public r Works; appropriate governmental agencies; (H) That portion of Piilani Street fronting the project site shall be improved to commercial r of the Department of Public Works,prior to the issuance of a certificate of occupancy for the proposed development; (I) Upon the development of parcels along the unconstructed portion of Mililani Strcct in the immediate vicinity of the subject properties,the plicant shall either participat in the construction of Mililani Street or a fair share contribution of its construction(280 feet) at a time and in a manner meeting with the approval of the Department of Public Works; (J) A .1. a moo syste ;f requ re sha l_be inst l l e meeting.,it the ap o al o f the Department of Public Works; the Departments of Public Works, Health and Firc; (L) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the , +tl .1 1 rya electio be at s fie by rfor,,an .1 e. it the . ci in a��vruail��, vr'1 ul ul� r,o requirements of the Unified Impact Fees Ordinance; (M) An annual progress report shall be submitted to the Planning Director prior to the the status of the development tleeemplian ith tlec-end=itions-ef-approval his condition shall remain in effect until all of the conditions of approval have been complied t1 d t1 Pl ., Dir cto ck ,.ledg s th t furth _ pots t ed• d Vl L.TZLrt 11V l rl N uirl-CL�5 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, and that are not the result of their fault reasons forthe-gr-afit-ing-of the C e of Zo e; 4) t e time e,>te s;o,, g „ted shalt be f r -2 - be performed within one year may be extended for up to one additional year); and 5) if t 1' + 1 l,l r .,dditio aLex+ Ft' ., the Tel. g Dir for shall rr o i zuoivu vi Llllll Lllt 1 �� 11 h t t l is st to the C. „t�._C� '1 � riate .cti F rth rr o 1„ � -�1L 11 1Vr apprVi 11LLLL u L V„ I designation. In accordance with Section 25-2-44 of the Hawai`i County Code 1983 (2016 Edition, as amended) (hereinafter the"Code"),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, its successors or assigns, (hereinafter the"Applicant") shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development, or other development or use as permitted by its zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. The time during which required plans,reports, studies, or relevant permit applications are under review for approval by governmental agencies shall not count toward the five-year completion deadline established by this condition. To justify such tolling,the Applicant shall provide evidence of the excluded time period to the Planning Department for review and approval. Such evidence shall consist of dates obtained from a governmental agency website,permitting program, or office - 3 - indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the governmental agency. C. Prior to construction,the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25- 2-70 of the Code. Plans shall identify all existing and/or proposed structures, paved driveway access,parking stalls, landscaping, and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule No. 17 (Landscaping Requirements) and Chapter 25 of the Code. D. Prior to the issuance of a water commitment by the Department of Water Supply, the Applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai`i to the Department of Water Supply. A water commitment deposit shall be paid to the Department of Water Supply within one hundred and eighty (180) days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The Applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. E. The Applicant shall install a reduced-pressure type backflow prevention assembly as required by the Department of Water Supply. The backflow prevention assembly shall be installed by a licensed contractor within five (5) feet of the water meter on private property and shall be inspected and approved by the Department of Water Supply prior to commencement of water service. F. The Applicant shall contact the Hawai`i Fire Department to determine the appropriate fire protection requirements or alternatives to provide the required fire flow to be installed prior to the issuance of a Certificate of Occupancy. -4 - a All driveway connections to Pi`ilani Street shall conform to Chapter 22 of the Code, and shall meet with the approval of the Department of Public Works. H. The portion of Pi`ilani Street fronting the subject property shall be improved to commercial standards, including roadway and associated frontage improvements as required by the Department of Public Works. Such improvements shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. The Applicant shall improve the unimproved portion of Mililani Street fronting or immediately adjacent to the subject property, in a manner meeting with the approval of the Department of Public Works. J. The property shall connect to the public sewer in accordance with Section 21-5 of the Code prior to issuance of a Certificate of Occupancy. K. Prior to construction of any extension of the County sewer system,the Applicant shall obtain all approvals required by the Department of Environmental Management, including approval by County Council resolution pursuant to Section 21-26.1 of the Code, if applicable. L. If required by the Director of the Department of Environmental Management, the Applicant shall prepare a sewer study in accordance with applicable wastewater system design standards prior to approval to connect to the County sewer system. The Applicant shall construct any sewer line or other facility improvements identified by the study and required by the Department of Environmental Management. - 5 - M. The sewer connection serving the development shall be accomplished via Pi`ilani Street, unless otherwise approved by the Department of Environmental Management. N. Discharge of unpolluted water into the County sewer system is prohibited pursuant to Section 21-8 of the Code. O. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a professional civil engineer licensed in the State of Hawai`i and submitted to the Department of Public Works prior to issuance of Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. P. All earthwork and grading activity shall conform to Chapter 10 of the Code. Q A National Pollutant Discharge Elimination System (NPDES)permit and an Underground Injection Control (UIC)permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. R. 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 or construction work,the Applicant shall cease work in the immediate vicinity of the find,protect the find from additional disturbance and contact the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD) 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. - 6 - S. The Applicant shall comply with all applicable County, State, and Federal laws, rules,regulations, and requirements. T. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this ordinance. The report shall address the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. U. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44(c) and (d) of the Code. V. If any conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with Section 25-2-44(c) of the Code,the Planning Department shall inform the Applicant that this ordinance is null and void without further action by the County. In that event,the zoning designation of the properties affected by this ordinance shall automatically revert to its immediate prior zoning designation." SECTION 3. Severability. If any provision of this ordinance, or the application hereof to any person or circumstance, is held invalid,the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. - 7 - r SECTION 4. This ordinance shall take effect upon its approval. INTRODUC D BY: ' ' a`7 IT; HEATHER KIMBALL Council Member BY REQUEST OF THE: Planning Director ,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1126 • IH- g - LRB 26 I1I