The URL can be used to link to this page

Home My WebLink AboutORD 2006-050 2004-2006 Mtv Or N~ • COUNTY OF HAWAII STATE OF HAWAII , ~yui:wi'p~ as so LL No. 223 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA 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 GENERAL INDUSTRIAL (MG-15a) AT KALAOA lsr_4rn NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-49:36 AND 37. 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 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 1 s'-4t°, North Kona, Hawaii, shall be General Industrial (MG-ISa): PARCEL 36: Beginning at a nail in in concrete at the northwest corner of this parcel of land and on the northeast corner of Keahole Substation Site, the coordinates of said point of beginning referred to Government Survey Triangulation Station "AKAHIPUU"being 6972.44 feet South and 20,389.20 feet West, thence running by azimuths measured clockwise from True South: l . Along Government Land on a curve to the left with a radius of 3063.86 feet, the chord azimuth and distance being: 264° 41' 22" 533.09 feet to a nail in concrete; 2. 259° 41' S5" 312.39 feet along Government Land to a nail in in concrete; 3. 9° 19' S5" 940.46 feet along Government Land to a %i-inch pipe in concrete; 4. 99° 19' S5" 810.00 feet along Lots 6 and 5, Keahole Agricultural Park, Phase I, File Plan 1691 and along the north end of Pukiawe Street to a nail in concrete; 1 OFFICE OF THE COUNTY CLEKK County of Hawai `i Hilo, Hawaii Introduced By: Virginia Isbell ROLL CALLVOTF, Datelntroduced: -April 5, 2006 AYES NOES ABS EX PirstReading: April 5, 2006 Arakaki X Published: April 16, 2006 Higa X Hoffmann X REMARKS: }lolschuh X Ikeda X Isbell X Jacobson X - Pilago X Safarik X 7 0 2 0 Second Reading: April 19, 2006 To Mayor: April 21, 2006 ROLL CALL VOTE Returned: MaV 3 2006 AYES NOES ABS EX Effective: May 2, 2006 Arakaki X Published: M2V 11 2006 Higa X Hoffmann X REMARKS: Holschuh X _ [keda X Isbell X Jacobson X - _ Pilago X Safarik X 8 0 1 0 1 DO HEREBY CERTIFY [hat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNC(LCHAIRMAN DEPUTY C(' PORATION CO NSEL COUNTY OF HAWAII ~ ~ _ COCINTY CLERK Date ~ ~ % 290 Bill No.: C-733/FC-253 pprove Dfsapproved this- ~ day Reference: Ord No.: ~6 53 M _ zq ~ 4 M } OR, CO OF HAWA17 5. 189° 19' S5" 700.75 feet along Lot 5, Keahole Agricultural Park, Phase 1, File Plan 1691 and Keahole Substation Site, to the point of beginning and containing an AREA OF 14.998 ACRES. PARCEL 37: Beginning at a nail in in concrete at the northeast corner of this parcel of land and at the northwest corner of Keahole Diesel Generation Site, the coordinates of said point of beginning referred to Government Survey Triangulation Station "AKAHIPW" being 6972.44 feet South and 20,389.20 feet West, thence running by azimuths measured clockwise from True South: 1. 9° 19' S5" 198.81 feet along Keahole Diesel Generation Site to a spike in concrete; 2. 99° 19' S5" 150.00 feet along Lot 5, Keahole Agricultural Park, Phase I, File Plan 1691 to a'/a-inch pipe in concrete; 3. 189° 19' S5" 177.10 feet along Lot 5, Keahole Agricultural Park, Phase I, File Plan 1691 and along Government Land to a'/a-inch pipe in concrete; 4. Thence along Government Land on a curve to the left with a radius of 3063.86 feet, the chord azimuth and distance being: 271° 05' 51.5" 151.57 feet to the point of beginning and containing an AREA OF 0.645 ACRE. 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: 2 (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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order (Docket No. A03-743) dated November 7, 2005. C. Construction of the proposed development shall be completed within ten (10) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-7Q, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). D. The applicant shall maintain the additional landscaping as set forth in the Landscape Concept Plan. E. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. F. If the site is converted from a power generation facility to another use or uses allowed in the General Industrial (MG) zone, the owner shall make improvements 3 to Pukiawe Street and/or Reservoir Road deemed necessary by the Planning Director in consultation with the Department of Public Works. G. A Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Environmental Management prior to submitting plans for Plan Approval review. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Environmental Management. H. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a Certificate of Occupancy. I. 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 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to issuance of a Certificate of Occupancy for the industrial development. J. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. K. Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. 4 L. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this 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. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director acknowledges that further reports are not required. M. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances. I . 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). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. 5 Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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 B _ .d COUNCIL ME R, COUNTY OF AWAI`I Hilo , Hawaii Date of Introduction: April 5, 2006 Date of 1st Reading: April 5, 2006 Date of 2nd Reading: April 19, 2006 Effective Date: May 2, 2006 fi \ ~ O m OPEN \ N ~ OPEN OPEN 7 ~m 1,\ \ \ ~ OPEN t0 Op' A3a 1~ r GENERAL INI]US AL N3G-15a) EN / I A-5a OPEN A-Sa A 5a 1a.6~i3 AC \ \ i La 'i St I OPEN r \ - - j_ _ - _ A-Sa z ~ / OPEN ) A-Sa c A~5a o - ~ - - - - - - - ~ A-5a 6,372.=14 S A-5a I ~ 20,389.20W \ I Pukiaw t AKAHtPtiU"- I ~ I OPEN ~ - A-5a ~ A-Sa A-5a , Queen Kaahumanu Hwy (Hwy. 19) ® ~MMfr-3s MG3a- n OPEN b OPEN e e u~ ® ~N n MG-ia ® s q MG-3a ®I®IU St~ N MG-ia s a MG fa e n - ~ ~ a ®A I a OPEN ®`D ~i ® 1 a m I ®w °s MG3a ~ a~ ~ ~ _ MG-1a ® si MG-la MG-1a l MG-3a 1,000 500 0 1 000 2 000 3 000 4 000 5 000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA 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 GENERAL INDUSTRIAL (MG-15a) AT KALAOA 1st-4th, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK 7-3-049:03fi & 037 Date: November 16, 200 EXHIBIT °A~~ (Hawaii Electric Light Company 1184) OFFICE OF THE COUNTY CLERK County of Hawaii xi1o, Hawaii Introduced By: K. Angel Pilago ROLL CALL VOTE Datelntroduced: April 5, 2006 AYES NOES ABS EX F'irstReading: April 5, 2006 Arakaki X Published: _N/A Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 8 0 1 0 Second Reading: April 19, 2006 To Mayor: April 21, 2006 ROLL CALL VOTE Returned: May 3, 2006 AYES NOES ABS EX Effective: Ma~2, 2006 Arakaki X Published: May 11, 2006 Higa X Hoffmann X REMARKS: Holschuh X _ Ikeda X _ ]shell X Jacobson X _ Pilago X Safarik X 8 0 1 0 I DO HEREBYCER"L'IFY that the foregoing BILL was adopted by the County Council published us indicated ahove. APPROVED AS TO FORM AND L GALIyY• ' COUNCIL Cf1A1RMAN Ctll~~ EP TY CORPORATION COUNSEL ~j~'yC~j~~, d COUNTY OF HAWAII ~~11 ~~''~~fiiGG~dGJJ " i~ i '~y~~„ COUNTYCLERK Date T Bill No.: 223 C-686/PC-56 Approve Disapproved this a ~ day Reference: Ord No.: 06 5U ~ ~ 't^'1 ~ p O to - l` ~ AY(9R, - )LINTY OF Hit WAl'1