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Home My WebLink AboutBIL 195 Draft 05 1998-2000 COLJN'I'~' O)~ ]E-~A~lA.1f~~ ~°TAT~.e 01 I-i~W~.I`I FILL NO. (Draft 5) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP}, ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO INDUSTRIAL-COMMERCIAL MIXED USE (MCX-20) AT KEAAU, PUNA, HAWAII, COVERED k3Y TAX MAP KEY I-6-03: PORTION OF 7. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keaau, Puna, Hawaii, shall be Industrial-Commercial Mixed Use (MCX-20): Being a portion of Lot 9l 68, Land Court Application 1053 (Map 486). Beginning at the northeast corner of this parcel of land, being also the southeast cornee of Lot 8999, Ld. Ct. App. 1053 and on the westerly side of Volcano Road, F.A.P. No. F-011-2(2), the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA", being 13,023.89 feet North and 4,796.49 feet East, thence running by azimuths measured clockwise from true South: 1. 327° 04' 45" 179.59 feet along Volcano Road, F.A.P. No. F-011-2(2); 2. Thence along same on a curve to the right with a radius of 3,234.05 feet, the chord azimuth and distance being: 330° 07' 36.5" 206.60 feet; 3. 61 ° 57' 26" 5.00 feet along Volcano Road, F.A.P. No. F-011-2(2); 4. Thence along same on a curve to the right with a radius of 3,229.05 feet, the chord azimuth and distance being: 334° 08' 41" 246.50 feet; S. 66° 19' S6" 5.00 feet along Volcano Road, F.A.P. No. F-011-2(2); 6. Thence along same on a curve to the right with a radius of 3,224.05 feet, the chord azimuth and distance being: 347° 42' 26" 1,271.76 feet; 7. 87° 00' 834.56 feet along the remainder of Lot 9168, Ld. Ct. App. 1053; 8. 177° 00' 451.86 feet along the remainder of Lot 9168, Ld. Ct. App. 1053; 9. 'T'hence along same on a curve to the left with a radius of 4000.00 feet, the chord azimuth and distance being: 168° 30' 1,182.48 f4et; 10. 160° 00' 293.69 feet along the remainder of Lot 9168, Ld. Ct. App. 1053; 11. 274° 00' 625.00 feet along Lots 9000 and 8999, Ld. Ct. App. 1053 to the point of beginning and containing an area of 32.028 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -2- B. The applicant, its successors or assigns, shall be responsible for complying with applicable conditions of the State Land Use Boundary Amendment Decision and Order in Docket No. BR93-699. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. D. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code and Planning Department's Rule 17, relating to Landscaping Requirements. Plans shall identify the proposed structures, vehicular traff c, paved driveway access and parking stalls associated with the proposed use. [Landscaping shall also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties.] F. An overall master design guidelines plan for the proposed development on the subject 32±-acre project area shall be prepared and submitted to the Planning Director for review and approval [to the Planning Director] prior to [any) the issuance of Final Plan Approval for any portion of the proposed development. "The goals of the overall master design euidelines elan shall be: (1 ~ to create a consistent design theme for the project buildings and signage, (2) to avoid a cluttered a earance alon the Volcano Hi hwa and 3 to ensure that industrial and commercial buildings are attractively desi ng ed, especially with reject to the -3- Volcano Highway firontag~e. There shall be a minimum fi (50 foot setback from the Volcano Highway ri hgt of=way to buildings. All proposed development within the 32+-acre project area shall comply with those design guidelines. G. An overall landscaping master plan for the project area[, which includes landscaping along the perimeter of the project area and the proposed subdivision road] shall be prepared and submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval[.) for any portion of the proposed developmcnt The coals of the landsca~ng master plan shall be to• visually filter parking areas from adjacent roadways and properties• ensure that buildi s are framed in setti s that i elude trees• shade the arkin areas and moderate the overall ap eara~nce of.,parkina areas; create a landscaped area along the Volcano Hi hwa and roads ad'oinin the ro'ect area• and visuall filter the view of Parcel C from the Volcano Highway where topo~ra~hy provides extensive views into the project area from Hilo-bound motorists on the Volcano Highway To achieve these goals the landscaping master plan~at a minimum shall (l) provide for the retention of the existing grade differential between the Volcano Hi hwa ri t-of-wa and the to of bank to the extent racticable and reatuire landscaping of these slopes from the Volcano Highwa~ri_ght-of--way u~ to the parking areas, (2) screen parking areas from the Volcano Highwa using hedges, berms, or other visual buffers, except where slopes create an effective visual barrier, and ~3~, make extensive use of trees. The standards of Planning Department Rule 17 shall apply as the minimum standards for the landscaping plan. The overall landscaping master plan. shall be developed in suLstanti 1 compliance with the representations made b the ap lip cant. 1-I. All roadway(s) within the proposed development shall be constructed to County dedicable standards, with curbs, gutter and sidewalk improvements, meeting with the approval of the Department of Public Works. -4- L All accesses and intersection improvements along Volcano Highway shall be constructed meeting with all requirements and approval of the Department of Transportation, including the submittal of construction plans. The applicant shall provide the traffic improvements as recommended in the Traffic Impact Analysis Report (TIAR) prior to Certificate of Occupancy for any development within the 32+-acre project area. J. The applicant shall prepare a future roadway circulation plan of the project area and surrounding lands between the Keaau-Pahoa Road Extension and Shipman Business Park for approval by the Planning Director, in consultation with the Department of Public Works and the State Department of Transportation, prior to the granting of Final Subdivision Approval or Final Plan Approval for any portion of the project area, which ever occurs first. Unless otherwise provided herein, roadways shown on the approved future roadway circulation plan shall be constructed incrementally with the development of the adjacent properties, except as provided below. The approved future roadway circulation network shall be incorporated as part of the Keaau Zone Map, as appropriate. K. The applicant shall construct a connector road ("Connector Road 1 between the Shipman Business Pazk and the Project area (Phase I), as shown on Exhibit "I3" attached hereto. This roadway shall connect Melekahiwa Street and the proposed Road A, and shall be developed in two stages. The effective date of zoning shall occur upon the completion of construction or acceptance of financial assurance thereof, by bond or other means meeting with the approval of the director, whichever occurs first, for the first stage of Connector Road I. The first stage shall consist of a preliminary vehicular access (heeeinafter defined as road improvements constructed to non-dedicable standards meeting with the safety and design requirements of the Department of Public Works). Construction of the -5- first stage shall be completed prior to the issuance of the County's approval of occupancy for any portion of the Project Area. The second stage shall consist of upgrading the preliminary vehicular access to dedicable standards, meeting with the approval of the Department of Public Works, and which shall be constructed concurrently with the development of the lands immediately fronting Connector Road I. The portion of the Connector Road I through TMK: 1-6-146: O l 7 shall be developed consistent with the existing roadway standards within the Shipman Business Park. The remainder of the road from the Shipman Business Park boundary to Road A shall include curb, gutter, and sidewalk improvements. L. The applicant shall construct a minimum eight-foot wide pedestrian/bike path within a minimum twelve-foot wide right-of--way from the underpass on the Volcano Highway to the project area in general conformance with the alignment shown on Exhibit "B". The pedestrianlbike path shall be completed and available for use prior to the issuance of the County's approval for occupancy of any portion of the project area. M. The applicant shall construct a second connector road ("Connector Road 2"), meeting with the approval of the Department of Public Works, between Melekahiwa StreetlRoad A and the Keaau-Pahoa Road Extension prior to the County's issuance of the approval of occupancy for any development within the Keaau Gateway Project Area Phase II, as shown on Exhibit "B" attached hereto. Final design including preparation of construction drawings for Connector Road 2, shall be financially assured, by bond or other means meeting with the approval of the director, as part of final subdivision approval for any portion of the Phase I area and shall be completed within [two (2) yeazs] one (1) year thereafter. Connector Road 2 may be constructed in stages, the first of which shall consist of a preliminary vehicular access (hereinafter defined as road improvements constructed to non-dedicable standards meeting with the safety and design -6- requirements of the Department of Public Works). Construction of the first stage shall be completed prior to the issuance of the County's approval of occupancy for any portion of the Phase II Area. The second stage shall consist of upgrading the preliminary vehicular access to dedicable standards, meeting with the approval of the Department of Public Works, and which shall be constructed concurrently with the development of the lands immediately fronting the roadway. Connector Road 2 shall be consistent with the approved future roadway circulation plan and shall be dedicated to the County of Hawaii upon completion. In conjunction with final subdivision approval for any portion of the Project Area (Phase I), the applicant shall record a covenant, meeting with the approval ofthe Planning Director, with the Bureau of Conveyances requiring the construction of Connector Road 2 in the manner and schedule prescribed above. N. [Should the County determine that construction of Connector Roads 1 and/or 2 is required prior to the schedule described above, the County may, at its own cost, improve the roadway(s). In this event, the applicant shall dedicate the road right(s)-of--way at no cost to the County upon its request.] Should the County through its Department of Public Works, determine that the Road A(Volcano I-Ii hwa lKeaau B ass intersection is bein adversel im acted it ma re uire that Connector Road 2 be constructed.~rior to the development schedule as provided in Condition M ,above. "Adverselyimpacted" shall mean that the subject intersection has reached LOS "D" (a 45 second control delay,, as determined by a Traffic Impact Analysis Report (TIARA The DPW may require the applicant to prepare the TIAR or prepare its own TIAR, at its sole discretion. Upon determination that there is an adverse impact; the first state of Connector Road 2, as defined in Condition M, above, shall be completed by the applicant within eighteen (l8) months of notification by the County. The construction of Connector Road 2 shall be financials assured by bond or other means meeting -7- with the annroval of the director yrior to the County approval of occupancy of anv portion of the nroiect area O. A drainage study, if required, shall be prepazed and submitted for approval to the Department of Public Works prior to Final Subdivision Approval. Drainage system shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. P. A Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Public Works. A copy of the approved plan shall be submitted to the Planning Department prior to Final Plan Approval. Q. Wastewater system for proposed development shall be constructed, meeting with the approval of the Department of Health. R. Comply with all other applicable rules, regulations and requirements of the affected agencies, including the Department of Health, for the proposed development. S. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Director acknowledges that further reports are not required. T. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -8- 1. The non-perforrr?ance 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. 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). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. U. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. -9- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: - .l ~ cam. ~ i~ j CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: ~.Iar~~~y~= C~3 ~ 27.5 -10- i ~ = - ~ - ~ . ° ~ ~:a„ - C ~ i , - - O~ ~ ~ j ~ ~ 3 023.89 N ; ~ ~ J~ ~ / 4,796.49 E / - \ t~ o "OLAA" / / ~ / / /i ~ / , j; / , ~ % ~ ~j ~ i .O AGRICULTURAL (A--20a) TO INDUSRIAL-CONIMERCIAL MIXED use (MCxazo) ~ ~ oQ AREA:Y 32.02as ACRES ~ \ ~ O Q~ ` / ~o \J J o~, ` ~ ~ J - L ~ 3 I~NN~ ~ ~NIN AMENDING SECTION 25-8-22 (PUNA D TRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAl~AII COUNT CODE, 8Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (-20a) TO INDUSTRIAL-COMMERCIAL MIXED USE (MCX-20) AT KEAAU, PUNA, HALM II. PREPARED 8Y P NNING DEPARTMENT COUNTY O 9~AWAlI TMK 1 -6-03: POR. 7 DECEMBER ? 1 ,1 999 EX6iI~IT A,. - sti,~~~.;,.,, i _ I Sa°91~ N SUSIN~SS ~K ~ r- G" ` e. 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