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Home My WebLink AboutBIL 221 Draft 02 2004-2006 OFFICE OF THE COUNTY CLERK County of Hawaii xona , Hawaii (DRAFT 2) ROLL CALL VOTE Introduced By: Gary Safarik (B/R) AYES NOES ABS EX Date Introduced: January 4, 2007 Ford X First Reading: January 19, 2007 Higa X Published: January 26, 2007 Hoffmann X Ikeda X RF.ILIKKS' _ Jacobson X February 7, 2007 - Close File Naeole X January 4, 2007 - Postponed Pilago X Yagong X Yoshimoto X 4 5 0 0 Second Reading: ROLL CALL VOTE 'Po Mavor: AYES NOES ABS EX Relurncd: Ford Etfective: Higa Published: Hoffmann Ikeda REMARKS: Jacobson Naeole Pilago _ Yagong Yoshimoto I DO fIEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date 221, Draft 2 Bill No.: C-680.1/PC-5 Apprrived/Disapproved[hrs dQy Reference: Ord No.'. u/ , ZO MAYOR, COUNTY OF HAWAII ~`*r ! M ~~L~ COUNTY OF HAWAII STATE OF HAWAII y>i aF'+i'~ BILL NO. 221 (Draft 2) ORDINANCE NO. 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. BE IT ORDAINED BY THE COUNCIL OF T'HE COUNTY OF HAWAII: SECTION 1. Section 25-8-26, 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 Keonepoko, Puna, Hawaii, shall be Industrial-Commercial Mixed (MCX-la): Beginning at the south corner of this parcel of land, being also the west corner of Lot A and on the northeasterly side of Keaau-Pahoa Road, F.A.S.P. No. S-0130(8), the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA", being 32,729.04 feet South and 33,198.14 feet East, thence running by azimuths measured clockwise from true South: 1. Along Keaau-Pahoa Road, F.A.S.P. No. 5-0130(8) on a curve to the left with a radius of 2,904.79 feet, the chord azimuth and distance being: 143° O1' 06.4" 201.02 feet; 2. 238° 48' 733.69 Feet along the remainder of Grant 13,450 to Kamaichi Kawazoe (Lot 18-C-1); 3. 328° 48' 200.00 feet along Grant S-15,858 to Department of Hawaiian Home Lands; 4. 58° 48' 713.44 feet along Lot A to the point of beginning and containing an area of 3.317 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: ~.r.~....___. (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. 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 Depaztment 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 by a registered engineer 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) meeting 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) yeazs 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 roadway, paved driveway and parking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning 2 . 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 towards 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 subject property from the Kea`au-Pahoa Road (State Highway 130). The service road will be constructed to standazds meeting 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. 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 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 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-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD 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, 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 final plan approval for any new residential structures. M. The applicant shall comply with all applicable County, State and Federal laws, 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. 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. 4 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 aze 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 contrazy 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 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 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. 5 m . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUN E R, CO Y O HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ~RPPERENCf~ Coir~ 6,~„8:-~~,~ 6 / A fa ~ A 5a ~4?ay Q.i A- AGRICULTURAY. (A•1a) TO INDUSTRIAL•COMMERCI MIXED (MC a 3.317 A ~ A-fa ao ~ PJ~~ pd \ d a~} O' A•1a ~ l ~ A-5a A-Sa \ 2,IT S A-fa A-~° 3 , 8.14 "OLAA"~ ~ J 0~ / A-ie \ A•fe \ 1J A-5a CX-IO \ CM20 W E A-fa Kahakate\v A•Sa A- a CN•10 A-fa A•20a S A-fa, = w ~ ~ ~ A A A-fa , ~ ~ aho a a-sa ~ es.,, ass A-fa Ry A•fa 920 460 0 920 t,840 _ 2760 3.680 4.600 .aa AMENDMENT TO THE ZONING CODE 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-1a) TOINDUSTRIAL-COMMERCIAL MIXED (MCX-1a) AT KEONEPOKO, PUNA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K: 1-5-007:053 Date: NOVEMBER 2, 200 EXHIBIT "A" (Timothy Lynn Gardners 179)