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Home My WebLink AboutORD 2007-011 2006-2008COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 1. 47 i 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 LIMITED INDUSTRIAL- 1 ACRE (ML-la) TO INDUSTRIAL-COMMERCIAL MIXED 1-ACRE (MCX-la) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-51:96. 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 Kaloko, North Kona, Hawaii, shall be Industrial-Commercial Mixed 1-acre (MCX-la): Beginning at the southwest corner of this parcel of land, being the northwest corner of Lot C-36 on the east side of Kamanu Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA"being 19,019.69 feet south and 21,468.97 feet west and running by azimuths measured clockwise from true South: 168° 52' 24" 320.01 feet along the east side of Kamanu Street to a point; Thence, along Road Lot C-41, along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 2. 213° 52' 24" 42.43 feet to a point; 3. 258° 52' 24" 102.68 feet along Road Lot C-41 to a point; 4. 348° 52' 24" 350.01 feet along Lot F to a point; -1- 5. 78° 52' 24" 132.68 feet along Lot C-36 to the point of beginning and containing an area of 46,246 squaze feet, more or less. 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 welfaze; 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. 1. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. 3. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. 4. Direct access to Kamanu Street shall be prohibited. 5. A 10-foot wide future road-widening setback shall be provided along the entire -2- Kamanu Street frontage and be dedicated to the County upon request and at no cost to the County. All driveway connections to Maiau Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. All development generated run-off shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any 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. 8. 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. 9. 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-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD after sufficient mitigation measures have been taken. 10. 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. -3- 11. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 12. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: c~ G- COUNCIL MEMB ,COUNTY OF HA `I Kona ,Hawaii Date of Introduction: January 4, 2007 Date oflstReading: January 19, 2007 Date of 2nd Reading: February 7 , 200 7 Effective Date: February 21, 2007 R£>-E3~IVCE: Cor~zm. ~ -5- w LIMITED INDUSTRIAL•1 ACRE (ML-1a) OPEN TOINDUSTRIAL-COMMERCIAL ~-1a z Mcx-fa MIXED-1 ACRE (MCX•1a) ~ 46,246 SQ. Ff. 19,019.69 S 3 21,468.97 W MCX-1a '7NOANUTAHEA'~ ML-1a MCX-fe -ia MCX-20 ML-fa MCX-la ML-fa z MCX 1 ML-fa ML-fa ML-ia ML-1 OPEN ML-1a MCX-20 ML- OPEN OPEN OPEN OPEN OPEN OPEN 590 295 0 590 1 180 1770 2 3~ 2950 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 LIMITED INDUSTRIAL-1 ACRE (ML-1 a) TO INDUSTRIAL-COMMERCIAL MIXED-1 ACRE (MCX-1a) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 7-3-051:1196 Date: Au ust 7, 20 EXHIBIT "A" (C&R Development, LLC:1207) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: K. Angel Pilago Datelntroduced: January 9, 2007 First Reading: January 19, 2007 Published: N/A RE.19.~I/1K5'_ Postponed - January 4, 2007 Second Reading: February 7, 2007 To Mayor: February 14, 2007 Rcuu,icd: February 21, 2007 Effective: February 21, 2007 Published: March 2. 2007 REMARKS: -. ROLL CALL VOTE ,_i~ ~~0~~ ~ A~~ EX Ford X Higa ~ ,, Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 3 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 5 3 1 0 1 DO HF.RE6Y CERTIFY that the foregoing BILL was adopted by the County Council published as ~. inclica[ec! above. ~~ ~..~x~ APPROVED AS TO FOF3gil AND LEGALITY: ~ ~'C'tTAIR~iLCAN DEP Y CORPORATION OUNSEL !~' l~ ( -d,~l.ic. ~titi~t~- COU TY OF HAWAII ~ i, FE8 1 6 2007 c°u"Tr'E`E~K n~ro Bill No.: ~ Reference: -dppruvec(/Disnppt~oved this ~ day -f Ord No.: ~,/~Ye_~ ru,n.n , ? p~ .Y1:7 I'OR, C'( ' OF HAWAI'l 1 C-3/PC-1 0 / li Ordin~nees Numbered 07-11, 07-12, 07-13, 07-14, 07-15, 07-16, 07-17, 07-18, 07-19, and 07-20 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on February 7, 2007, by vote, as listed below: Ordinance 07-11 (Bill 1): 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 Limited Industrial - 1 Acre (ML-la) to Industrial-Commercial Mixed 1-Acre (MCX-la) at Kalol<o, North Kona, Hawaii, Covered by Tax Map Key 7-3-51:96. AYES: Council Members Higa, Ikeda, Yagong; Yoshimoto, and Chairman Hoffinann - 5; NOES: Council Members Ford, Jacobson, and Pilago - 3; ABSENT & EXCUSED: Council Member Naeole - 1. Ordinance U7-12 (131113, Draft 2): An Ordinance Amending Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Pilago, Yagong, Yoshimoto, and Chairman I-Iffmann- 8; NOES: None; ABSEN"f & EXCUSED: Council Member Naeole- 1. Ordinance 07-13 (Bill 9): An Ordinance to Amend Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. AYES: Council Members Ford, Higa, II<eda, Jacobson, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 8; NOES: None; ABSENT & EXCUSED: Council Member Naeole - I . Ordinance 07-14 (Bill 10): An Ordinance Amending Ordinance No. 06-80, as Amended Relating to Public Lnprovements and Financing Thereof for the Fiscal Year July 1, 2006 to .lone 30, 2007. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 8; NOES: None; ABSENT & EXCUSED: Council Member I-1iga- 1. Ordinance 07-15 (Bill 11): An Ordinance Amending Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 8; NOES: None; ABSENT & EXCUSED: Council Member Higa -1. Ordinance 07-16 (Bill 13): An Ordinance to Amend Ordinance No. 06-79, as Amended, the Operating budget for the County ofFlawai`i for the Fiscal Year Ending June 30, 2007. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 8; NOES: None; ABSENT & EXCUSED: Council Member Fliga- 1. Ordinance 07-17 (Bill 14): An Ordinance to Amend Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. AYCS: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 8; NOES: None; ABSENT & EXCUSED: Council Member I-Iiga - 1. Ordinance 07-18 (Bill 16): An Ordinance Amending Ordinance No. 06-80, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2006 to June 30, 2007. AYES: Council Members Higa, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chairman Hoffmann - 7; NOES: Council Members Ford and Yagong - ~; ABSENT & EXCUSED: None. Ordinance 07-19 (Bill 18): An Ordinance to Amend Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. AYhS: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chainuan 1-loffinann-9; NOES: None; ABSENT & EXCUSED: None. Ordinance 07-20 (Bill 20): An Ordinance to Amend Ordinance No. 06-79, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2007. AYES: Council Members Ford, Higa, Ikeda, .lacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 9; NOES: None; ABSENT & EXCUSED: None. Casrma County Clerk (Hawai`i Tribune-Herald-March 2, 2007) (West Hawaii Today -March 2, 2007) Note: The original Digest/Affidavit is attached to Ordinance No. 07-11. Servlttg (lie In~eres(a' of (he People of Our Island /-/rnvai'i Cm~nq+ is an Ggual Oppor[unity Provider artd F,mp(oyer