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Home My WebLink AboutORD 2004-002 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. I60 Draft 3 ORDINANCE NO. 2 AN ORDINANCE AMENDING SECTION 25-8-22 (PUMA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO LIMITED INDUSTRIAL (ML-20) AND AGRICULTURAL (A-Sa) AT KEAAU, PUNA, HAWAII, COVERED BY "fAX MAP KEY 1-6-3:99. 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 Limited hidustrial (ML-20): Parcel A: Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 11,305.27 feet North and 8,061.53 feet East and running by azimuths measured clockwise from True South: 1. 262° 22' 464.04 feet along Lot 2; 2. 172° 22' 40.00 fcct along Lot 2; 3. 227° 58' 140.26 Ieet along Lot 2; a. 172° 40' 145.13 feet along Lot 2; 5. 262° 31' 149.55 feet along Lot 1; 6. 343° 15' 40" 275.27 feet Lot 34-E, Land Court Application 1053, and Lot 3-A, Land Court Application 1689; TIiIS 6v~.I. VIItIFY THAT TidO-T1III2D5 OF THE P~~1ItSIIIF OF TH)J HPS;~F~II COUI~iY COUNCIL VOTF~3 TO OVTRILIDE 1'I' YOR'S Vl N BILL 160, DRAFT 3. CUNCIL iAI 7. Thence along Lot 3-A, Land Court Application 1689, along a curve to the left having a radius of 530.00 feet, the chord azimuth and distance being: 338° 34' 20" 86.65 feet; 8. 333° 53' 130.00 feet along Lot 3-A, Land Court Application ] 689; 9. 77° 44' 240.00 feet; ] 0. 12° 16' 136.69 feet; ll. 77° 44' 175.83 feet; 12. 347° 44' 840.00 feet; 13. 39° 48' 170.13 feet along the north side of Milo Street Extension; 14. 48° 09' 239.90 leet along the north side of Milo Street Extension; 15. 167° 44' 1469.43 feet to the point of beginning and containing an area of 14.901 acres. SUBJECT, However to Easements A-2 (Being a Portion of Easement A) and B to install, maintain, operate, repair, remove and replace any and all pipes of other structures in, over, and across the said easements in favor of the Water Commission of the County of Hawaii as shown on map dated May 9, 1990 prepared by Mr. Nobuchika Santo, Land Surveyor No. 1360. ALSO, Subject, However to Easements G and 4, a perpetual, non-exclusive easement appurtenant to the Power Plant Sife for purposes of access to ingress and egress, over and along the said easement in favor of Hawaii Electric Light Company, Inc. as shown on map dated May 9, 1990 prepared by Mr. Nobuchika Santo, Land Surveyor No. ] 360. PARCEL B: Beginning at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 11,202.89 feet North and 8,918.24 feet East and running by azimuths measured clockwise from "Prue South: 1. 333° 53' 529.40 feet along Lot 3-A, Land Court Application 1689; 2. 42° 33' 50230 feet along the north side of Milo Street Cxtension; 3. 35° 10' 133.60 feet along the north side of Milo Street Extension; 4. 39° 48' 114.77 feet along the north side of Milo Street Extension; 5. 167° 44' 840.00 feet; 6. 257° 44' 175.83 leet; 7. 192° 16' 136.69 feet; 8. 257° 44' 240.00 feet to the point of beginning and containing an area of 8.724 acres. SUBJECT, However to Easements C to install, maintain, operate, repair, remove and replace any and all pipes of other structures in, over, and across the said easement in favor of the Water Commission of the County of Hawaii as shown on map dated May 9, 1990 prepared by Mr. Nobuchika Santo, Land Surveyor No. l 360. 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) 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. 3 A. The applicant, its successors or assigns shall be responsible for complying with al] of the stated conditions of approval. B. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. C. 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 recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commihnent Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. D. If a Home Improvement Center is proposed, a Traffic Impact Analysis Report (TIAR) shall be prepared by the applicant, successors or assigns and submitted for review and approval by the Department of Public Works. Mitigation measures recommended by the TIAR shall be installed prior to issuance of a certificate of occupancy for the Homc Improvement Center. E. Commencement of uses permitted under the Limited Indush~ial zoned district except those allowed wider the existing Agricultural zoned district is prohibited until the completion of construction of the required roadway, water and wastewater improvements. F. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). G. Access to the subject property shall be ti'om the Milo Street extension under the easement agreement as agreed to by the applicant and W.H. Shipman, Ltd. H. ML-20 District The applicant shall comply with the standards outlined in Standard Details Ior Public Worl<s Construction R-34 (revised-top of page) and 4 shall provide improvements, including shoulders and continued berm treahncut, to the Milo Street extension frontage of the ML-20 zoned portion of the property. ML-20 and AG-Sa Districts: The applicant, successors or assigns shall dedicate its '/z section of the Milo Street extension frontage (total 60-foot right-of-way) of the subject property at no charge to the County at the County's request. Further, prior to dedication, the '/z section of the ML-20 roadway frontage shall be improved to lull dcdicable standards at no cost to the County. A copy of the proposed covenant(s) to be recordcd with the Bureau of Conveyances containing this dedication provision shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited iu an instrument executed by the applicant and recorded with the Burcau of Conveyances and shall be provided to the Planning Director. I. All roadway(s) within the proposed dcvelopment shall be constructed to County dedicable standards, meeting with the approval of the Department of Public Works. .l. 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 acid submitted to the Department of Public Works prior to the issuance of Final Subdivision Approval Any drainage improvements shall be constructed, meeting with the approval of the Department of Public Works. K. Install street lights and traftic control devices as required by the Traffic Division, Department of Public Works. L. A Solid Waste Management Plan shall be approved by the Department of Public Works in conjunction with Final Subdivision Approval. 5 M. The method of sewage disposal shall meet with the approval of the State Department of Health. N. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials he encountered, work iu the immediate area shall cease and the Department of Land and Natural Resourccs- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. O. The applicant shall comply with all other applicable laws, rules, regulations and requirements of affected agencies, including the Department of Public Works. Fire Department, Department of Health and HELLO for the development of the subject property. P. An annual progress report shall be submitted to the Planning Director prior to the a~miversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. 'Chic condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. Q. 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 Uniticd Impact Fees Ordinance. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 6 l . 'fhe 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. 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 perfonnvicc (i.e., a condition to be performed within one year may be extended for up to one additional year). S. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. lu the went 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~~ ' t CO CIL M ~ [3ER, COUNTY OE HAWAII Ilona ,Hawaii i Date of Introduction: November 19, 2003 Date of 1st Rending: November 19, 2003 Date of 2nd Reading: December 3, 2003 Effective Date: January 7, 2004 REFERE[~JCE: Gomm. ,.~7.~ :-2---- 7 A-20a - 1 A-20a N A-20a - - W E I~ 1 1i ----r-' g A-5a ~ ~1,PARCEL"A" A~20a i I ~ AGRIC LTURAL (A-20a) TO i FA-3a ,1 ~ I Oa LIMITED NDUSTRIAL IML•20) 11j305.27 N ' MG-Ida ~ ~ ~ AREAL-14.901 ACRES ~ 8 61.53E ~ A_20a ,I Q1 A " f vy i i- ~ ~ ~ 11,202.89 N ~ d918.21E-_ ~ _ Y ~ ~ ~ ~ PA CEL "B" ~ ~ Mcx-zo AGfjICULTURAL {A•20a) TO, ~ i4GRICULTURAL A-5a ( ~ ' ;r • AREA =8.724 ACRES ~ A-20a a a ~ \Q. - Mck-2o A-20 p , ~ ' \ A-20a o l~b, R a ;r A-~ , -I~ O ~ ~ . A. ~ p A, ~ A.20a ~.O O/ N ~ ~ A-¢Oa j ~ ~1 ~ ANN A-20a s ~ A-20a - 9~ RS- 10 '~o- _ -1 i l 1,200 600 0 1200 2400 3600 Feet AMENDMENT TO THE ZONING CODE 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 LIMITED INDUSTRIAL (ML-20) AND AGRICULTURAL (A-5a) AT KEAAU, PUNA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII Date: April 24, 2003 TMK: 1-fi-003.099 EXHIBIT "A^ (Puna Sugar Mill, LLC 1093) OFFICE OF THE COUNTY CLERK County of Hawaii Kona ,Hawaii (DRAFT 3) C. _ ROLL CALL VO E Introduced By: James Y. Arakaki AYES ~ S ~X5 Date Introduced: November 19, 2003 Arakaki X First Reading: November 19, 2003 Chung ~J. X ~ ~ i Published: N/A Elarionoff X Holschuh X REMARKS: Jacobson X Reynolds X Safarik X Tulang X 'Tyler X 6 2 1 0 Second Reading: December 3, 2003 ROLL CALL VOTE To Mayor: December 9, 2003 AYES NOES ABS EX Returned: Deeenber 19, 2003 Arakaki X Effective: January 20.04 Chung X Published: N/A Elarionoff X Holschuh X REMARKS: Jacobson X 1`;ayQr veto - Dec~tiber 16, 2003 Reynolds X Safarik X Tulang X Tyler X 6 2 1 I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated ahove. APPROVED AS TO / ~ ' FORM AND LE F,LITY: ' ~~r CO ~ C CHAIRMAN L-t_'~" " ~tC ` D U Y CORPORATION C UNSEL COUNTY OF HAWAII DEC ~ s [003 couNrrcLeRK Date Bill 160 (Draft 3) BiII No.: +I^ Reference: C-370.2/PC-61 ApprovecU"isapprove his Iq day Ord. No.: of ~eww, , 20 03 I ~t~~ M YOR, Y OF HAWAII OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii ROLL CALL VOTE Introduced By: AYES NOES ABS Date Introduced: Arakaki First Reading: Chung Published: Elarionoff Holschuh REMARKS: Jacobson Reynolds Safarik Tulang Tyle ~v~err~.id~ew~gte:January 7, 2004 ROLL CALL VOTE To Mayor: N/A AYES NOES ABS EX Returned: December 19, 2003 Arakaki X Effective: January 7, 2009 Chung X Published: January L2, 2009 Elarionoff X Holschuh X REMARKS. Jacobson X Reconsidered - 1/7/04 Reynolds X Safarik X Tulang X Tyler X ~ 7 2 0 0 J DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council publishe s indicated above. r" ~/.j/~~ ,l,~ , APPROVED AS TO ( - cat ~C~~~~` " FORM AND LEGALITY: , C ~ NCl CHA/RMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII LINTY CLERK Date 160 (Draft 3) Bill No.: C-370.2/PC-61 Approved/Disapproved this day Reference: Ord. No.: Q4 2 of 20 MAYOR, COUN7'YOFHAWAII