HomeMy WebLinkAboutBIL 195 Draft 04 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 195
(Draft 4)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-22 (PLT~A DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER ZS (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO
INDUSTRIAL-COMMERCIAL MIXED USE (MCX-20) AT KEAAU, PUMA, HAWAII.
COVERED BY TAX MAP KEY 1-6-03 PORTION OF 7
BE IT ORDAINED BY THE COUNCIL OF THE COLNTY OF HA~'All
SECTION 1 Section 25-8-22. Amcle 8, Chapter 25 (Zoning Code) of the Hawau
County Code, is amended to change the district classification of propem~ described hereinafter as
follows
The district classification of the following area situated at Keaau, Puna, Hawau.
shall be Industrial-Commercial ~9ixed Cse (MCX-20)
Being a portion oY Lo[ 9168,
Land Court Application 1053 (Map 486)
Beginning at the northeast corner of this parcel of land, being also the southeast
comer of Lot 8999, Ld Ct .App 1053 and on [he westerly side of Volcano Road, F A P
No F-Ol 1-2(2), the coordinates oY said point of beginning referred to Government Survey
Trtangulatton Station "OLAA". being 13.023 89 fee[ North and 4,796 49 feet East, thence
running by azimuths measured clockwise from true South
1 327° 04' 45" 179 59 feet along Volcano Road,
F A P No F-011-2(2),
Thence along same on a curve to the right with a radms of 3,234 05 feet. the chord
azimuth and distance being
330° 0T 36 5" 206 60 feet.
3 61° 5T 26" ~ 00 feet along Volcano Road.
F A P No F-011-2(2),
4 Thence along same on a curve to the neht ~+rth a radtus of 3,229 05 feet, the chord
azimuth and distance being
334° 08' 41" 246 50 feet,
~ 66° 19' S6" ~ 00 feet along Volcano Road,
F A P No F-011 ~(2),
6 Thence along same on a curve to the right with a radtus of 3,224 OS feet, the chord
aztmuth and dtstance being
347° 42' 26" 1,271 76 feet,
7 87° 00' 834 56 feet along the remainder of Lot 9168, Ld
Ct App 1053.
8 177° 00' 451 86 teet along the remainder of Lot 9168, Ld
Ct App 1053,
9 Thence along same on a curve to the left with a radtus of 4000 00 feet. the chord
aztmuth and dtstance being
168° 30' 1,182 48 feet,
10 160° 00' 293 69 feet along the remainder of Lot 9168,
Ld Ct App 1053.
1 1 274° 00' 625 00 feet along Lots 9000 and 8999, Ld Ct
App 1053 to the point of beginning
and containing an area of 32 028
Acres
All as show~i on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof
SECTION 2 This change m distract classification is conditioned upon the following
A The applicant. its successors or assigns shall be responsible for comply mg with alt
of the stated conditions of approval
B The applicant, its successors or assigns. shall be responsible for complying wrth
applicable conditions of the State Land Use Boundary Amendment Decision and
Order to Docket No BR93-699
C The reyutred water commitment payment shall be submitted to the Department of
Water Supply m accordance with its "~b'ater Commitment Guidelines Policy"
within ninety (90) day s from the eftective date of this ordinance
D Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within Yive years from
the effective date of this ordinance
E Pnor to commencing construction Final Plan Approval for the proposed
development shall be secured trom the Planning Director m accordance wrth
Chapter 2~ ?-70 of the Zoning Cbde and Planning Department's Rule 17, relating
to Landscaping Regwrements Pl.ms shall identify the proposed structures,
vehicular traffic, paved dnceway access and parking stalls associated wrth the
proposed use Landscaping shall also be indicated on the plans and be provided
for the purpose of nutigating any adverse noise or visual unpacts to ad~acen[
properties
F An overall master design guidelines plate for the proposed development on the
sub3ect 32+-acre pro3ect area shall be prepared and submitted for approval to the
Planning Director pnor to any Final Plan Approval for any portion of the
proposed development all proposed development within the 32+-acre protect
area shall comply with [hose design gnidelmes
G An overall landscaping master plan for the pro3ect area. which includes
landscaping along the perimeter of the pro3ect area and the proposed subdn iston
road, shall be subnutted to the Planning Director for review and approval prior to
the issuance o1 Final Plan Approval
H All roadw'a}•(sl within the proposed development shall be constructed to County
dedicable standards, with curbs. gutter and sidewalk improvements, meeting wrth
the approval of the Department of Public N'orks
I 411 accesses and intersection impiovemen[s along Volcano E-Iighway shall be
constructed meeting wnh all requirements and approval of the Department of
Transportation, including the submittal of construction plans The applicant shall
provide the traffic improvements as recommended m the Traffic Impact Analysis
Report (TIAR) pnor to Certificate of Occupancy for any development within the
32=-acre protect area
J The applicant shall prepare a future roadway circulation plan of the protect area
and surrounding lands- between the Keaau-Pahoa Road Extension and Shipman
Business Park for approval by the Planning Director, m consultation wnh the
Department of Public ~korks and the State Department of Transportation, pnor to
the granting of Final Subdivision 4pprowal or Final Plan Approval for any portion
of the protect area. which ever ocuirs first Unless otherwise provided herein,
roadways shown on [he approved future roadway circulation plan shall be
constructed mcrementalh with the development of the adtacent properties, except
as pro. ided below The approved future roadway circulation network shall be
incorporated as part of [he Keaau Zone Map. as appropriate
K The applicant shall construct a connector road ('Connector Road I between the
Shipman Business Park and the Pio~ect area (Phase as shown on Exhibit "B"
attached hereto This roadway shall connect Melekahnva Street and the proposed
Road A, and shall be developed in tvo stages fhe effective date of zoning shall
occur upon the completion of construction or ar.ceptance of financial assurance
thereat, by band or other means meeting wrth the approval of the director.
whichever occurs first, for [he first stage of Connector Road t The first stage
shall consist of a preliminary vehicular access (hereinafter defined as road
improvements constructed to non-dedicable standards meeung with the safety and
design requirements of the Department of Public Works) Cbnstructron of the
first stage shall be completed pnor to the issuance of the County~s approval of
occupancy for an.' portion of the Pro~rct Area The second stage shall consist of
upgrading the prrhmmarv vehicular access to dedicable standards. meeung with
the approval of the Department of Public «'orks and which shall be constructed
concurrently wrth the development of the lands immedia[el~ tronune Comtector
Road l The portion of the Connector Road I through TMK I-V-146 017 shall be
developed consistent with the existing roadway standards wnhin the Shipman
Business Park The remainder of the road from the Shipman Business Park
boundary to Road A ,hall include curb, gutter, and sidewalk unprovements
L The applicant shall construct a minimum eight-foot wide pedestnan;'bike path
within a minimum [woke-toot wide tight-of-way from the underpass on [he
Volcano Highway to [he pro~ec[ area m general conformance wrth the alignment
shown on Exhibit 'B" The pedestrian:%bike path shall be completed and available
for use prior [o the issuance of the Cbunt~ ~s approval for occupancy of and
portwn of [he project area
~t The applicant shall construct a second connector road ("Connector Road 2°),
meeting wnh the approval of [he Department of Public Works, between
V1elekahnva Streeh'Road A and the Keaau-Pahoa Road Extension pnor to the
County~s issuance of the approval of occupancy for any development wrthm the
Keaau Gateway Project ,area Phase I1, as shown on Exhibit B" attached hereto
Final design including preparation of construction drawings for [Connection]
Connector Road 2. shall be tinancialh assured, by bond or other means meetine
with the approval of the director, as part of final subdivision approval for am
portion of the Phase 1 area and shall be completed wrthm two (2) years thereafter
Connector Road 2 may be constructed m stages, the first of which shall consist of
a prehmmarv vehicular access (hereinafter defined as road improvements
constructed to non-dedicable standards meeting with [he safety and design
regwrements of the Department of Public ~'c orks) Construction of the first stage
shall be completed pnor to the issuance of the County's approval of occupancy
for am portion of the Phase [I Area The second s[aee shall consist of upgrading
the preliminary vehicular access to dedicable standards, meeting with the approval
of the Department of Public ~4'orks, and which shall be constructed concurrently
with the development of the lands immediately fronting the roadway Connector
Road 2 shall be consistent with the approved future roadway circulation plan and
shall be dedicated to the County of Hawau upon completion In conjunction wnh
Ynal subdn•ision approval for am' portion of the Pro~ec[ Area (Phase I), the
applicant shall record a covenant. meeting wnh the approval of the Plannme
Director. with the Bureau of Conveyances requiring the wmtruction of Connector
Road 2 m the manner and schedule prescribed above
N Should the County determine that construction of Connector Roads 1 and,~or 2 is
required pnor to the schedule described above. the County may, at rts own cost,
unprove the roadwayis) In this event the applicant shall dedicate the road
right(s)-of-wa} at no cost [o the County upon ns request
O A drainaee study. if regwred, shall be prepared and submitted for approval to the
Department of Public Works pnor to Final Subdivision Approval Drainage
system shall be constructed meeting wnh the approval of the Department of
Public, Works m con~uncuon wnh Final Subdivision Approval
-6-
P A Sohd Waste \lanagement Plan shall be prepared and submitted for approval to
the Department of Public Vcorks ~ coPe of the approved plan shall be submitted
[o the Platuune Department pnor to Final Plan approval
Q Wastewater system for proposed development shall be constructed, meeting wtth
the approval of the Department of Health
R Comply yvrth all other applicable rules, regulations and requirements of the
affected agencies. including the Department of Health, for the proposed
development
S An annual progress report shall be submitted to the Planning Director pnor to
each anniversary date of the approval of this chunge of zone The report shall
address m detail the status of the development and the compliance with the
conditions of approval l his condition shall remain in ettect until all of the
condWOns of approval have been complied with and the Dtrector acknowledges
that further reports are nut reyutred
T An initial extension of time for the performance of conditions yvithm the
ordinance may be granced by the Plaivting Dtrector upon the folloyvin,
circumstances
1 The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are nut the result of their fault ur negligence
2 Granun~ of the time extenston would nut be contrary to the General Plan
or 7_oning Cude
3 Granting of the tmie extcnvon would not be t.ontrarv to the ongtnal
reasons for the granting of the change of zone
4 The time extenston granted shall he for a penod not to exceed the penod
ongtnally granted for performance (t e , a condmon to be performed
wtthm one year may be extended for up to one addtuonal year)
~ It the appltc ant should regwre an addtuonal extenston of time, the
Planning Dtrector shall submit the applicant's request to the County
Council for appropuate action
U Should any of the condtttons not be met or substantially complied with m a timely
fashion, [he Dtrector may uuuate rezoning of the sub~ec[ area to ns ongmal or
more uppropnate designation
SECTION 3 to the event that any portion of this ordinance is declared invalid, such
mvahdtty shall not affect the other parts of this ordinance
SECTION 4 This ordinance shall tale effect upon its approval
INTRODtiCED-BY
t,y,~y:
CULI\CI ~4E~iBER. COUNTY OF H.A~~'A?
Hilo, Ha~tau
Date of Introduction
Date of Ist Reading
Dale of 2nd Reading
Effective Dale
REFERENCE, Comtn. 2 ~ • 1 ~
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED
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AGRICULTURAL (A-20a) / 9`rs'
TO INDUSRIAL-COMMERCIAL
MIXED USE (MCX-20) \ Q
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AREA: 32.028 ACRES O \ ~ ~ _ ~O
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-20a) TO INDUSTRIAL-COMMERCIAL MIXED
USE (MCX-20) AT KEAAU, PUNA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
'N1K 1-6-03 POR 7 7ECEMBER X1,1999
EXHIBIT "A"
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KEAAU LANDS
CONCEPTUAL PLAN - NELEKAHWA TO KEAAU-PAHOA ROAD COPPIECTION FUNA DISTRICT, HAWAII
PREPARED FOR W H SHIPMAN LIMNED ® °
PREPARED BY OKAHARA & ASSOCIATES INC I
EXHIBIT "B"
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