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Home My WebLink AboutCOM 0207.004 2008-2010BRENDA J. FORD Council Member Counci! District 7 -Central Kona Hawai `i County Council County of Hawai `i Kailua Trade Center 75-5706 Hanama Place, .Suite !09 Kailua-Kona, Hawaii 96740 DATE: May 14, 2009 TO FROM: SUBJECT: J. Yoshimoto, Chairperson, and Members of the Hawaii County Council r.. ~, :'a -, - n ~ , ; ',- =i _. r-~ _.. . C!~ . _ -r W '`. 1 } fJ ~ ~ `.j. t i tP cz~ Brenda J. Ford, Council Member ~~i ~ ` `'° ~s ~• Proposed Amendment to Bill 54, Drafr 2, Which Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition); Applicant: William and Dixie Minson. Submitted for the Council's consideration is a proposed typographical error amendment to Bill 54, Draft 2. A description of the proposed amendment aze in Ramsayer format to show the proposed change to Bill 54, Draft 2. A draft copy of Bill 54, Draft 2 is attached. Bolding was retained for illustrative purpose only. The proposed amendment to Bill 54, Draft 2 spelling correction within Condition G. (2) is amended to read: "G . (2) A sight distance easement meeting with the approval of the Department of Public Works [hall) shall be provided and recorded along the property frontage with Olowalu Street and Kamanu Street. Any sight distance obstructions shall be removed, within the subject property, to establish and maintain adequate sight distance in accordance with current standards of the Department of Public Works". BJF/dkr Comm. No: ~01' Att. tecppte Ref. To:~~~9 2D 9 Ref. Dater______ Phone: (808) 926-5684 Frix: (808) 329-4786 Email: bfordaco.hawaii.hi.us Serving the /nteresLS of the People of Our /slnnd Hawaii County is an Equa[ Opportunity Provider and Employer AN nRDINANCE 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: 7-3-051:065. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L 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 hereinafrer 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 Northwest corner of this parcel of land, being the Northeast corner of Lot B-2 on the South side of Hina Lani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 16,816.57 feet South and 22,135.74 feet West and running by azimuth measured clockwise from True South: Thence, along the Southerly side of Hina Lani Street, along a curve to the right with a radius of 2,460.00 feet, the chord azimuth and distance being: 260° 08' 18" 140.64 feet to a point; Thence, along the West side of Kamanu Street, along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 2. 305° 19' 29" 41.34 feet to a point; 3. 348° 52' 24" 293.26 feet along Kamanu Street to a point; Thence, along Olowalu Street along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 33° 52' 24" 42.43 feet to a point; 78° 52' 24" 139.18 feet along the Northerly side of Olowalu Street to a point; 6. 168° 53' 19" 356.33 feet along Lot B-2 to the point of beginning and containing an area of 59,669 square feet. 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: Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or 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. Should the applicant require additional water beyond the committed two (2) units of water (maximum daily usage of 1,200 gallons per day), the applicant shall submit estimated daily water usage calculations, prepared by a licensed engineer for review and approval by the Department of Water Supply. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. D. Final Plan Approval for the proposed industrial-commercial development and its related improvements shall be secured from the Planning Director in accordance with the Zoning Code, Section 25-2-71 prior to the alteration or extension of the existing building, or the construction of any additional structures, or the establishment of any use on the subject property. Plans shall identify existing and proposed structures, fire protection measures, access driveway(s), parking area(s) and landscaping associated with the proposed development. E. Plans submitted for Final Plan Approval review shall contain a detailed landscaping plan prepared in accordance with the requirements of Planning Department Rule No. 17 relating to Landscaping and the Design Manual for Kaloko Light Industrial Park. Direct access to Hina-Lani Street shall be prohibited. G. Roadway, Curb, Gutter, Sidewalk, Drainage, and Driveway Improvements Left turns to and from the subject property shall be prohibited within 75 feet of the intersection of Olowalu Street and Kamanu Street right-of-way tangents. The applicant shall either close off the approach to Olowalu Street mauka driveway or install a median barrier within Olowalu Street to prevent left turns to and from the mauka driveway, meeting with the approval of Department of Public Works, at no cost to the County. A sight distance easement meeting with the approval of the Department of Public Works shall be provided and recorded along the property frontage with Olowalu Street and Kamanu Street. Any sight distance obstructions shall be removed, within the subject property, to establish and maintain adequate sight distance in accordance with current standards of the Department of Public Works. The applicants shall provide a 5-foot-wide sight distance easement that shall be recorded and maintained along the Kamanu Street frontage from Hina Lani Street to Olowalu street, allowing no obstructions within the easement, above the height of 3 feet above the nearest finished street grade. The applicants shall provide a 5-foot-wide future road widening or improvements setback along the entire Kamanu Street frontage and dedicate it to the County upon request at no cost to the County. (~ Access to Kamanu Street shall be limited to right-in and right-out movements only meeting with the approval of the Department of Public Works including provision of adequate sight distance. H. All new driveway connections to the property from Olowalu Street and Kamanu Street shall conform to the current Chapter 22, County Streets, of the Hawaii County Code. I. 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. The applicant shall obtain an Underground Injection Control (UIC) permit from the State Department of Health prior to installing drywells on the subject property. K. The applicant shall comply with the applicable requirements of Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health that may require an NPDES permit for certain construction activities. L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. M. 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. N. 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. O. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. An initial extension of time for the performance of conditions within the ordinance may be 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 may be 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: