HomeMy WebLinkAboutCOM 0207.008 2008-2010
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KELLYGREENWELL Phone: (808) 317-3641
Council Member ~bVt, Fax: (808) 319-4786
District 8 - North Kona • Email kgreenwel1@co.hawaii.hi.us
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Hawai `i County Council
County of Hawai `i
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Kailua Trade Center a°
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawaii 96740
DATE: May 26, 2009 -n
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7-1
TO: J. Yoshimoto, Council Chairperson rv
and Members of the Hawaii County Council -
FROM: Kelly Greenwell, Council Member
SUBJECT: Proposed Amendment to Bill 54, Draft 3 (An Ordinance mending 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-1a) to Industrial-
Commercial Mixed - 1 Acre (MCX-1 a) at Kaloki, North Kona, Hawaii,
covered by Tax Map Key: 7-3-051:065.
Attached is a proposed amendment to Bill 54, Draft 3. The proposed amendment deletes in its
entirety, Condition "G" relating to Roadway, Curb, Gutter, Sidewalk, Drainage, and Driveway
improvements, as follows:
"[C;. Readway, Curb, Gulter, Sidewalk, Drainage, and Driveway imprevements
(1) T eft turns to and from the subject " repei4 y shall be prohibited within 75 fi~et
of the interseetien of Olowalu Street and Kaffie itt St. ee! ri..l.t of way
tangents The a plieant shall either Giese off the approach t, Ol...,,al„ Street
attka l.-i..,... a i..sall a me Tian barrier within l11.,.....1.. Street to preye..t
leA tams to and ffem the m uka driveway, meeting with the a .al ,.F
De...ai4y.ent of Publie Works, at no east tethe ('......t..
(2) n sight distance a ent meeting with the approval of the DepaAffie"t of
C'-
Publie \S IeflEs shall be provided and « orded alang the p party f.entage
with 01..., alu Street an 1 Kamanu Street Any sight di,#anee RbstructiRn.,;
shall be removed, within the subjeet p pert.f to establish and p. ..tai.,
ade,..."te sight distanee in aceerdance with eurrent standards afthe
Dep..rtment of Publie illy..-ks
Comm. No{~-0
Ref. To: -PIN-,
Ref. Date _JUN D 1 n
Serving the Interests of the People of Our Island
Hawaii County is an Equal Opportunity Provider and Employer
J Yoshimoto, Council Chair
and Members of the Hawaii County Council
May 26, 2009
Page 2 of 2
/21 Thee pliew4s shell provide e 5 feet ide sight `Estenee e e^t that ^hell
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he or le'a and ntained along the V aman • Street frontage from Hina
r ani Street to (11.......1u street alle...:......e obst fueti....s within the easernem
above the height of 3 f et abo e the ne"s"t finished street gFade
(4) The applicants shall de a 3-feet -wide future roan- idenmg er
impf ,.nts setb ek ..leng the entife TL,....anu Street f entage and dedie.,te
it to the Ge....ty request at n east to the Count.. upon (5) Aeep,,;-q tR Kam;lafflu Street shall be limited to right in and right out moveffients-
e
vnl. fneeting with the a .el of the Depai4rnent of Public Works inelu.l ng
prevision of adequate sight distanee]...."
A copy of the proposed amendment to Bill 54, Draft 3 is attached and illustrated via Ramseyer
format.
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-1a) 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 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-1 a):
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:
1. 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:
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, 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 may be adverse to the public health, safety
and welfare; or
(11) 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
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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.
F. Direct access to Hina-Lani Street shall be prohibited.
[G' Re .1.....,e Guffe Qutte«e Si,L,walk> Drainage, and D five.,ay improve.... nts
LL
(1) 7 eft turns to and f an' the subject n ne fty shall be prohibited within 75 fee!
f the in4erseetion of !11'... al.. Street and Kamai Street fight of wa y
tangents. The a nlieafA stall either eloOe eff the a aeh to l11.,walu St«oot
1. .7 install ........1:.... 1...««:er within Ole.. alu Street to
left t'u'na to and from them ..ka &iVeway, meeting NN4th the a al of
De e"tfn "t of Publie Works, at n st to the County.
(2) n . glit distanee e ent meeting with the " .,1 of the Depaftmen} eF
D L.1' Works hall be provided and « arde t along then ne..ty f entage
.yitl, nl,....al., Street and Kamanu Street Any sight distanee ebstFdetiens
shall be remeved, within the subject n«epeft to establish and m ntain
a, equate sight distance in aeeordanee with e..««ent stan.7aMs of the
Depaftment of Publie Works.
(3) The a plienntn shall n hide e 5 feet ..hide n alit dintmee. easement that ;hall
be « orded and m ntained along the Kamanu Street f outage from Hina
r a": Street to nlowal.. stfeet allewing no ,.that.-..etions ..:Rhin the easpment
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above 1, height of 3 feet above the « ost finished street grade.
(4) The «l: `«ts shall provide 5 feet wide f.,tu ad . i le.. ng or
improvements setback aleng the entire Kamanu Street frontage and `;e` iea^ e
it to the !moo «tv upon „st at « est to the Getint.,
(5) Aeeess to Kamanu Street shall be limited to fight and glut ....t
movements only meeting with the a .al of the Department of Dublie
Walks including proyisien of adequate sight distanee.]
[14]G. 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]H. 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.
[3]I. 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]J. 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.
[E]K. 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.
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[M]L. 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.
[AI]M. 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.
[9]N. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
[P]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.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
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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.
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