Loading...
HomeMy WebLinkAboutCOM 0680.001 2004-2006 +sr os M~ GARY SAFARIK j~4y' COMMITTEES Counci/member District V Puna Makai Environmental Management - Chair Phone: (808) 961-8267 •~r'' Fax: (808) 961-8912 rE oi'M?'~ Finance Email: gsafarik@co.hawaii.hi.us Vice-Chair County of Hcrwai'i Hawai `i County Building C) 25 ,4upuni Street Cti ^1 c Hilo, Hawai `i 96720 ~ ~ _ _ F--~ Cr: August 15, 2006 w MEMORANDUM TO: Stacy K. Higa, Chair and Members of the Hawaii County Council FROM: Gary Safazik ~ Council Membe SUBJECT: Bill 221, Draft 2 - AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO INDUSTRIAL- COMMERCIAL MIXED (MCX-la) AT KEONEPOKO, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-7:53 (Applicant: Timothy Lynn Gardner) (Area: 3.317 acres) Enclosed for your consideration is a proposed Bi11221, Draft 2. I intend to introduce this Bi11221, Draft 2 as a floor amendment at the next meeting of the Planning Committee on August 21, 2006. The original Bi11221 did not contain any conditions, as this Bill was brought forwazd by the Planning Commission with a negative recommendation. The changes between Bi11221 and Bill 221, Draft 2 include a new Section 2, which imposes conditions as follows: 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 may be adverse to the public health, safety and welfare; or (2) Reasonablv conceived to fulfill needs directly emanative 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. pprr Comm. No~ O_ / Ref. To: Tfas~ a' a ~ Ref. Cate r L'~ 2 2 2AOF.. Hmvai'i County is an F,'qual Opportunity Provider and Emplover Hawaii County Council Bi11221, Draft 2 August 15, 2006 Page 2 of 4 A. The applicant 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" prior to Final Plan Approval for the proposed development Prior to this payment water calculations with anticipated maximum daily water usage as recommended b_y a registered eneineer shall be submitted to the Department of Water Supply. A water commitment deposit will be required upon the Department of Water Supply's evaluation of the anticipated water usage calculations submitted by the applicant The applicant shall install a backflow preventer (reduced pressure type) meetine with the approval of the Department of Water Supply prior to the issuance of the certificate of occupancy. C. Development of the property shall be completed within five (5) years from the effective date of this ordinance. Prior to the start of construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s) fire protection measures, access roadwaypaved driveway and parking stalls Landscapin¢ shall be indicated on the plans for the pumose of mitigatine any potential adverse noise or visual impacts to adjoinin¢ pazcels. Landscaping shall be provided in accordance with the requirements of Plannin¢ Department's Rule No. 17 (Landscaping Requirements) and with Section 25-5- 137 (Landscaping of Yards in MCX District). D. As agreed to by the applicant all of the numbered uses under Chapter 25 (Zoning Code) Article 5 Division 13 (MCX, Industrial-Commercial Mixed Districts). Section 25-5-132 (a) shall not be permitted on the property except for: (49) Self- storage facilities. E. The applicant will contribute the sum of $200,000 to the County of Hawaii towazds the construction of a service road within Tax Map Key No. (3) 1-5-7: 17 which will provide access to County facilities and the subiect property from the Kea`au-Pahoa Road (State Highway 130). The service road will be constructed to standards meetine with the approval of the Department of Public Works. The required payment shall be made within six months from the effective date of this ordinance. 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 Drainaee 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. Hawaii County Council Bi11221, Drafr 2 August 15, 2006 Page 3 of 4 H. The method of sewage disposal shall meet with the requirements of the State Department of 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 anv development on the site. J. Should anv 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-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance from the DLNR-SHPD when it finds that sufficient mitigation measares have been taken. K. Should the Counci? 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 aze implemented 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 Housin¢ and Community Development prior to final plan approval for anv new residential structures. M. The applicant shall comply with all applicable Countv. State and Federal laws, rules, regulations and requirements. N. An annual proeress 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. This 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. O. 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 or Zoning Code. Hawaii County Council Bill 221, Draft 2 August 15, 2006 Page 4 of 4 3. Granting of the time extension would not be contrary to the original reasons for the rg anting of the chanee 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 yeaz). 5. If the applicant should require an additional extension of time, the Plannin¢ Director shall submit the applicant's request to the County Council for appropriate action. 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 azea to its original or more appropriate designation. Section 2 and Section 3 are re-numbered as follows: SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION [3] 4. This ordinance shall take effect upon its approval.