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Home My WebLink AboutBIL 244 Draft 05 2000-2002 COUNTY O~ I IAW~`I STA`T'E O~ I~W`I BILL NO. 244 (Draft 5) ORDINANCE NO. AN ORDINANCE 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 (O) TO INDUSTRIAL-COMMERCIAL MIXED DISTRICT (MCX-la) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-51:60. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, 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 Kaloko, North Kona, Hawaii, shall be Industrial-Commercial Mixed District (MCX-la): Beginning at the Southwest corner of this parcel of land, being also the Southeast corner of Lot A of a subdivision of a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, on the Northerly boundary of R.P. 7587, L.C. Aw. 11,216, Ap. 36 to M. Kekeuonohi, the coordinates of said point of beginning referred to Government Survey Traiangulation Station "MOANUTAHEA" being 19,772.73 feet South and 21,383.03 feet West, and running by azimuths measured clockwise from True South: 1. 168° 52' 24" 348.50 feet along Lot A, along the remainder of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 2. 258° 52' 24" 193.68 feet along Lots A and C, along the remainder of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 3. 168° 52' 24" 2,341.05 feet along Lot C, along the remainder of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 4. 78° 52' 24" 132.68 feet along Lot C, along the remainder of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 5. 168° 52' 24" 314.19 feet along Lot G, along the remainder of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 6. Thence along Lot G, along the remainder of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha on a curve to the right with a radius of 30.00 feet, the azimuth and distance of the chord being: 216° 44' 37" 44.50 feet; 7. Thence along the Southeasterly side of Kamanu Street, on a curve to the right with a radius of 2,460.00 feet, the azimuth and distance of the chord being: 280° 54' 12.2" 1,380.01 feet; 8. 331 ° 39' 45" 2,675.13 feet along Lot 7-C, along the remainder of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha; 9. 80° 46' 14.7" 1,189.38 feet along R.P. 7587, L.C. Aw. 11,216, Ap. 36 to M. Kekauonohi; 10. 78° 52' 24.7" 976.07 feet along R.P. 7587, L.C. Aw. 11,216, Ap. 36 to M. Kekauonohi to the point of beginning and containing an area of 102.272 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County 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- (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 shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all requirements and conditions of the State Land Use Commission's Findings of Fact, Conclusions of Law and Decision and Order issued on February 14, 2002 relating to Land Use Commission Docket No. A00-732. 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 for the approximately 82-lot industrial-commercial subdivision shall be secured from the Planning Director within ten (10) years from the effective date of this ordinance. E. Prior to the submittal of plans for subdivision review, the applicant shall prepare a Traffic Circulation and Roadway Improvement Plan for roads and intersections in the general vicinity of the subject property meeting with the approval of the Planning Director in consultation with the Department of Transportation and the Department of Public Works. The plan, at a minimum, shall assess traffic circulation and/or specify improvements or mitigation measures to the following roadways and intersections: a. Hina Lani Street in the vicinity of the subject property; b. Queen Kaahumanu Highway-Hina Lani Street intersection; c. Mamalahoa (Hawai`i Belt) Highway-Hina Lani Street intersection; d. Hina Lani Street intersections with Kamanu and Kanalani Streets; e. Identify Kamanu Street as "Main Street", a collector roadway identified within the Keahole to Kailua Development Plan. The plan shall also incorporate, to the extent feasible, roadway improvement recommendations as detailed within the Department of Public Works memorandum regarding Change of Zone Application No. 2002-009 dated June 25, 2002. F. In order to address and mitigate potential impacts from non-point source pollutants, the applicant shall participate with the County of Hawaii in a pilot storm drain program for roadways within the Kaloko-Honokohau region. This pilot program may potentially include other developments within the County and apply to all other government and private developments. In that regard, the applicant shall participate by constructing all roadways within the proposed industrial-commercial park to County dedicable standards with paved swales and striped on-street parking. The drainage system within the road rights-of--way shall include storm drain filtration devices which meet 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 Act and the National Pollutant Discharge -4- Elimination System (NPDES) of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. G. In accordance with Condition No. 2a of the State Land Use Commission's Findings of Fact, Conclusions of Law and Decision and Order issued on February 14, 2002 regarding Land Use Commission Docket No. A00-732, the applicant shall prepare covenants, conditions and restrictions (CC&Rs) for the subject property and the individual lots to ensure the containment and treatment of spills and other light industrial-related material from leaching or draining into the ground or subsurface storm drain collection areas. These CC&Rs shall also include pertinent sections from Condition Nos. 1 a through 1 g and Condition Nos. 2a through 2h of the State Land Use Commission's Findings of Fact, Conclusions of Law and Decision and Order issued on February 14, 2002 regarding Land Use Commission Docket No. A00-732. The CC&Rs shall be approved by the Hawaii State Department of Health upon consultation with the U.S. National Park Service, the Department of Public Works and the Planning Department, prior to the issuance of Final Subdivision Approval for any portion of the industrial-commercial park. H. The applicant shall prepare a landscaping plan for the subject property and for each lot within the proposed industrial-commercial park in accordance with the requirements of Condition Nos. 9a through 9d of the State Land Use Commission's Findings of Fact, Conclusions of Law and Decision and Order issued on February 14, 2002 regarding Land Use Commission Docket No. A00-732. The landscaping plan shall also incorporate the guidelines outlined in Planning Department Rule No. 17 relating to Landscaping. The landscaping plan shall include the long-term, perpetual use of the area protected by the 30-foot buffer for the existing Bidens micrantha, to be used for the perpetuation of the -5- species. The landscaping plan shall be approved by the Planning Director prior to the issuance of Final Subdivision Approval for any portion of the proposed industrial-commercial park or the issuance of Final Plan Approval for any use, whichever occurs first. I. The applicant shall prepare a solid waste management plan which minimizes the use of the Pu`uanahulu landfill for the proposed industrial-commercial park for the review and approval by the Department of Environmental Management, Solid Waste Division. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Subdivision Approval or Final Plan Approval for any use, whichever occurs first. J. Should the Hawaii County 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. K. Comply with all other applicable rules, regulations and requirements of the affected agencies for the proposed development. L. 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, 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 -6- 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. M. 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. 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: CO CIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -7- N OPEN C - _1a ~ W E 2 I _1 A~-la 1 S 111 A-5a ~ OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED DISTRICT( I~IICX-1a) oPEN AREA = 102.272 Acres OPEN 11 ~Q.~i~ ~ PNV 5~ ' a yti \ F~ i ~ .y' ~~/~T p ~ a-5a m 2 M P ~ y ~ ~ S ML-la x'~ 1 ~ d 19, 772.73 S 2138303 W G 'MOANUTAHEN"Q I _ . G~ 1 _ OPEN 11 oPEN 1~_~ A-5a oPEN d A~1a'. RS7.5 \ Aria ' ' OPEN 0 2000 4000 6000 8000 Feet 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 (O) TOINDUSTRIAL-COMMERCIAL MIXED DISTRICT (MCX-1a) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK :7-3-051:060 MAY 10, 2002 III31T (TSA Corp.:1067)