HomeMy WebLinkAboutBIL 054 Draft 03 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. sa
(DRAFT 3)
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 LIMITED
INDUSTRIAL - 1 ACRE (ML-1 a) 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
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 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 apoint;
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:
4. 33° 52' 24" 42.43 feet to a point;
5. 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, mazked 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 may be 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
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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
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
4
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.
P. 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:
REFERENCE, Comm. 247 • ~
~w A-20a MCX-la
~~// MCX-1a
LIMITED INDUSTRIAL-1 ACRE
(ML•1 a)
TO
INDUSTRIAL-COMMERCIA L
MIXED -
1 ACRE (MCX-1d) MCX-la
59,569 SOFT.
MCX-la ML-la ML-ia ML-la
~ KAMANU ST
A-20a ~ J
Q ij•,~ :~: a MLda
, ~--0 ML-la
a
Z MCX-la ~
2 H
is,ais.n 5 (A
~2,135.1d W
'MOANUTAHEA'
Mcx-m
ML-1a
A-20o
ML-la
0 250 500 1,000 1,500 2,000 ML-la
Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONAZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL - I
1 ACRE (ML-1 a) TOINDUSTRIAL-COMMERCIAL MIXED - 1 ACRE (MCX-1 a)
AT KALOKO, NORTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE: NOVem6er 24, 2008
TMK'. 73-051:065
^~ ~,r ~ (WlliamB Dixie Minson