HomeMy WebLinkAboutORD 2002-023 2000-2002 COLJN'TY O~ I-3.~'~V~1~T`I S°I'A°I'~ O~ I~WAI`I
BILL NO. 195
(Draft 6)
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 CIIASSIFICATION FROM AGRICULTURAL (A-20a) TO
INDUSTRIAL-COMMERCIAL MIXED USE (MCX-20) AT KEAAU, PUNA, HAWAII,
COVERED BY TAX MAP KEY 1-6-03: 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 9168,
Land Court Application 1053 (Map 486).
Beginning at the northeast corner of this parcel of land, being also the southeast
corner 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-O11-2(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-Ol 1-2(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;
5. 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. Thence 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 feet;
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.
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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 traffic, paved driveway access and parking stalls associated with the
proposed use.
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 prior to the issuance of Final Plan Approval for
any portion of the proposed development. The goals of the overall master design
guidelines plan shall be: (1) to create a consistent design theme for the project
buildings and signage, (2) to avoid a cluttered appearance along the Volcano
Highway, and (3) to ensure that industrial and commercial buildings are
attractively designed, especially with respect to the Volcano Highway frontage.
There shall be a minimum fifty (50) foot setback from the Volcano Highway
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right-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 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 development. The goals
of the landscaping master plan shall be to: visually filter parking areas from
adjacent roadways and properties; ensure that buildings are framed in settings that
include trees; shade the parking areas, and moderate the overall appearance of
parking areas; create a landscaped area along the Volcano Highway and roads
adjoining the project area; and visually filter the view of Parcel C from the
Volcano Highway, where topography 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 (1) provide for the retention of
the existing grade differential between the Volcano Highway right-of--way and the
top of bank to the extent practicable and require landscaping of these slopes from
the Volcano Highway right-of--way up to the parking areas, (2) screen parking
areas from the Volcano Highway 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 substantial compliance with the representations made
by the applicant.
H. 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.
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I. 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 Park and the Project area (Phase I), as shown on Exhibit "B"
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 lrst, for the first stage of Connector Road I. The first stage
shall consist of a preliminary vehicular access (hereinafter 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
first stage shall be completed prior to the issuance of the County's approval of
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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 s11a11 be constructed
concurrently with the development of the lands immediately fronting Connector
Road I and shall be dedicated to the County upon completion. The portion of the
Connector Road I through TMK: 1-6-146: 017 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 pedestrian bike 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 Street/Road 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 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 requirements of the Department of
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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 of the 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, through its Department of Public Works, determine that the
Road A/Volcano Ilighway/Keaau Bypass intersection is being adversely
impacted, it shall require that Connector Road 2 be constructed prior to the
development schedule, as provided in Condition M ,above. "Adversely
impacted" shall mean that the subject intersection has reached LOS "D" (a 35
second control delay), as determined by a Traffic Impact Analysis Report (TIAR).
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 stage of Connector Road 2, as defined in Condition M, above, shall be
completed by the applicant within eighteen (18) months of notification by the
County. The construction of Connector Road 2 shall be financially assured by
bond or other means meeting with the approval of the director, prior to the County
approval of occupancy of any portion of the project area.
O. A drainage study, if required, shall be prepared and submitted for approval to the
Department of Public Works prior to Final Subdivision Approval. Drainage
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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 he 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:
1. The 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.
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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. ]f 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.
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:
r'" 1 ri'v' - r~
CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: February 22, 2001
Date of 1st Reading: February 22, 2001
Date of 2nd Reading: February 21, 2 0 0 2
Effective Date: February 28, 2002
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AAIXED USE (RACX~°20)
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AMENDING SECTION 25-8°-22 (PUNA D TRICT ZONE MAP) ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE I~AWAII COUNT CODE, 8Y CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (,--20a) TO INDUSTRIAL-~COMMERCIAL MIXED
USE {MCX°~20) AT KEAAU, PUNA, HAW II.
PREPARED ®Y P ANNING DEPARTMENT
COUNTY O hiAWAlI
TMK t -6-03: POR. 7 DECEMBER ? 1 , ti 999
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. TUAL P~~ - 1~.~IKAI~`~"A T~ KEAAU-PAI~QA ~iOA~ CONf~CTi~~ PUNA DISTRICT, HAWAII
PREPARED FOR: W H. SHIPMAN, LIMITED o
PREPARED BY: OKAHAP,A & ASSOCIATES INC.
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OFFICE OF THE COUNTY CLERK
County of Hawaii
x i 10 ,Hawaii
Dr,~FT 4
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd AYES NOES r`~BS EX
Date Introduced: February 22, 2001 Arakaki X -a
l
First Reading: February 22, 2001 Chung ~
Published: N/A Elarionoff X r.::.^
Jacobson X
REMARKS: Deferred - March 9, 2001 Leithead-Todd X
Deferred - October 10, 2001 Pisicchio X
Safarik X '
Tyler X
Yagong X
5 3 1 0
DRAFT 6
Second Reading: February 21, 2002 ROLL CALL VOTE
To Mayor: February 22, 2002 AYES NOES ABS EX
Returned: February 28, 20.02 Arakaki X
Effective: Februarv 28 , 2002 Chung X
Published: March 7 , 2002 Elarionoff X
Jacobson X
REMARKS: Deferred - February 6, 2002 Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
6 3 0 0
I DO I~EREI3Y CERTIFY Ihut the fore~,roin~ BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
OUNCIL CHAIRMAN
COUNTY OF I~iAWAII N COUNSEL ~
~ C OUNTY CLERK
Date'~-'~
195, Draft 6
Bill No.:
C-27.65
r~A~p~ov~Drsapproti~ed thrs o ~c,y~ Reference:
Ord No.:
o ~ ru4.,r' , 20 5y
MAYOR, TY OF HA WA 11