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Home My WebLink AboutBIL 157 Draft 01 2004-2006 COUNTY OF HAWAI`~ STATE OF FIAWAI`I BILL NO. _ 157 OIt1JIIVANCr: NO. AN ORDINANCE AMENDING SECTION 25-8-12 (KAWAIHAE-PUAKO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-1 a) AT KAWAIHAE ls'~, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-1-3:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Section 25-8-12, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification ofthe following area situated at Kawaihae ls`, South Kohala, Hawaii, shall be Industrial-Commercial Mixed (MCX-la): Beginning at the north corner of this parcel of land and on the southwest side of Akoni Pule Highway (Kawaihae Wharf Approach, Federal Aid Project 1 l-D), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU KAMALII 2" being 3022.81 feet South and 3744.32 feet West, thence running by azimuths measured clockwise from True South: I . Along the southwest side of Akoni Pule Highway (Kawaihae Wharf Approach, Federal Aid Project 11-D) on a curve to the left with a radius of 2894.79 feet, the chord azimuth and distance being: 316° 25' 22" 254.95 feet; 2. 39° 11' 152.24 feet along Public Recreational Purposes Site, Governor's Executive Order 4042; 3. I07° 11' 155.20 feet along Public Recreational Purposes Site, Governor's Executive Order 4042; -1- 4. 151 ° 11' 199.20 feet along Public Recreational Purposes Site, Governor's Executive Order 4042; 5. 243° 2T 184.15 feet along Kawaihae Lighthouse Reservation, Presidential Executive Order 7665 dated July 17, 1937 to the point of beginning and containing an area of 1.32 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 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe 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 shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 90 days from the effective date of this ordinance. C. A Special Management Area Use Permit shall be secured within five (5) years from the effective date of this ordinance. -2- D. As agreed to by the applicant, the following numbered uses under Chapter 25 (Zoning Code), Article 5, Division 13 (MCX, Industrial-Commercial Mixed Districts), Section 25-5-132 shall not be permitted on the property: (1) Agricultural products processing, minor, (4) Automobile sales and rentals; (5) Automobile service stations, (7) Broadcasting stations, (9) Car washing, I ) Cemeteries and mausoleums; (14) Commercial parking lots and garages, (23) Laboratories, medical and research; (24) Manufacturing, processing and packaging establishments, light; (34) Repair establishments, minor; (41) Self- storage facilities; (42) Telecommunications antennas; (47) Warehousing; and (48) Wholesaling and distribution operations E. All driveway connections to the Akoni Pule Highway shall conform to the requirements of the State Department of Transportation Highways Division. F. A drainage study of the property shall be prepared and submitted to the Department of Public Works for review and approval, prior to submittal of plans for Plan Approval review. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. G. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. H. The method of sewage disposal shall meet with the requirements of the Stale Department o f Health. I. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy for any development on the site. -3- J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. K. 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 Unified Impact Fees Ordinance. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, if applicable, the applicant shall comply with the requirements of Chapter 1 I, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to the receipt of Final Plan Approval. M. The applicant shall comply with all applicable County, State and Federal taws, rules, regulations and requirements. N. An annual progress report shall be submitted to the Planning Director prior to the anniversary 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 have been satisfied. Thrs condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. -~1- O. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: l . 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 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 maybe extended for up to one additional year). 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. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -5- SECTION 4. This ordinance shall take effect upon its approval. INTR DUCED COUNCIL ME ER, COUNTY OF AWAI`I DU E Y• COUNCIL i MBER, C ~ TY OF AWAI I Hawaii Date of introduction: Date of 1st Reading: Data; of 2nd Reading: Effective Date: ~~.F~,~F ~,~a;=:~ ~a64 -6- A-40a A-40a A-40a OPEN(0)TO INDUSTRIAL-COMMERCIAL MIXED (MCX-1a) 1 1.32 ACS. MG-fa ~ - MG-la Maluokalani St a~~oka ani PI cvao MG-fa Ak i Puls Hwy s ~I cv-fo. s-fb kda ~ 1 MOd10 t ! RS-1$ ~ ~ RS45 ~(e CV-f0 MG-la MG-fa OPEN OPEN( OPEN MG-ia 3,022.81 S 3,744.32 W "PUU KAMALII 2"~.;. 960 480 0 060 1 920 2.880 3.041) 4 NOU ee~. AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-12 (KAWAIHAE-PUAKO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-1a) AT KAWAIHAE 1st, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK'. 6-1-003.015 Date. September 16, 200 EXHIBIT "A" (state ~r Hawau DLNR 11x2)