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Home My WebLink AboutBIL 195 Draft 01 1998-2000 COLTN`I°~ O~ AII~~._-::N.4i~ ~ ~ S~°~T~ OF J[~~II r b±4~ SILL NO. - 19 5 OIi~INANCL NO. AN ORDINANCE 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 Ilvi)USTRiAL-COMMERCIAL - USE (MCX-20) AT KEAAt.J, PUNA, ~iAWAIi, COVERED BY TA% MAP KEY 1-6-03:PORTION OF 7. BE IT ORDAINED BY THE COUNCIL OF THE. COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of flee Hawaii County Code, is amended to change the district classification of property. described hereinafter as follows: The district classification of the- following area situated at Keaau, Puna, Hawaii, shall be Industrial-Commercial Mixed Use (MCX-20): Being a portion of Lot 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 the westerly side of Volcano Road, F.A.P. No. F-011-2(2), the coordinates of said point of beginning;referred to Government Survey Triangulation Station "OLAA", being 13,Q23.89 feet 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); 2. Thence along same on a curve to the right with a radaus of 3,234.05 feet, the chord azimuth and distance being: 330° 07' 36.5"206:60 feet; 3. 61° 57` 26" 5.00 feet along Volcano Road, F.A.P. No. F-011-2(2); _ 4. Thence along same on a curve to the right with a radius of 3,229.05 feet, the chord azimuth-and distance being: 334° 08° 41" 246.50 feet; 5. 66° 19' S6" 5.00 feet along Volcano Road, F.A.P. No. F-011-2(2); 6. Thence along same on a curve to the right with a radius of 3,224:05 feet,. the chord azimuth and distance being: 347° 42' 26" 1,271.76 feet; 7. 87° 00' 834.56 feet along-the remainder of Lot 9168, Ld. Ct. App. T053; 8. 177° 00' 451:86 feet .along the remainder of Lot 9168, Ld. Ct. App. 1:053; 9. Thence along same on a curve to the left with a radius of 40®0.00 feet, he chord azimuth and distance being: 168° 30' 1,182.48 feet; 10. 160° 00' ~ 293.69 feet along the remainder of Lot 9168, Ld. Ct. App. 1053; 11. 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 shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -2- B. The applicant, its successors or assigns, shall be responsible for complying with applicable conditions of the State Land Use Boundary Amendment Decision and ®rder in Docket No. BR93-699. C. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. D. Final Subdivision Approval of the proposed subdivision within the subject properly shall be secured from the Planning- Director within five (5) yeazs from the effective date of this ordinance. E. Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code and Planning Department`s Rule 17, relating to Landscaping Requirements. Plans shall identify the proposed structures, vehicular traffic, paved driveway access and parking stalls associated-with the proposed use. Landscaping shall also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. F. An overall master design guidelines plan for the proposed development on the subject 32±-acre project area shall be prepared and submitted for approval to the Planning Director prior to any Final Plan Approval for any portion of the proposed development. A1I proposed development within the 32±-acre project area shall comply with those design guidelines. G. An overall landscaping master plan for the project area, which includes landscaping along the perimeter of the project azea and the proposed subdivision -3- road, shall be submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval. H. All roadway(s) within the proposed development shall be constructed to County dedicable standazds, with curbs, gutter and sidewalk improvements, meeting with the approval of the Department of Public Works. I. All accesses and intersection improvements along Volcano Highway shall be constructed meeting with all requirements and approval of the Department of Transportation, including the submittal of construction-plans. T°he applicant shall provide the traffic improvements as recommended in the Traffic Impact Analysis Report (TIAR) prior to Certificate of Occupancy for any development within the 32±-acre project area. J. A drainage study, if required, shall be prepazed and submitted for approval to the Department of Public Works prior to Final Subdivision Approval. Drainage system shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. K. A Solid Waste Management Plan shall be prepazed and submitted for approval to the Department of Public Works. A copy of the approved plan shall be submitted to the Planning Depaztment prior to Final Plan Approval. L. Wastewater system for proposed development shall be constructed, meeting with the approval of-the Department of Health. M. Comply with all other applicable rules, regulations and requirements of the affected agencies, including the Department of I~[ealth, for the proposed development. -4- N. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Director acknowledges that further reports are not required. O. An initial extension of time-for the performance of conditions within the ardinance array 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 applicants, 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 c®ntrary 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 perfornaed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County - Council for appropriate action. -5- P. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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 This ordinance shall take effect upon its approval. INTRODUCED I3I': • COUNCIL iO~IEMBER, COUNTY OF HAV~IAII Hilo, Hawaii Date of Introduction: ' Date of 1st Reading: Date of 2nd Reading: Effective Date: RE~ERENC~ Caen. m, 6~~Q~ APPROVED AS TO FORl!/I AND LEGALITY CORPORATION COUNSEL DATED: -6- -z- l _ ~ - ~ ~ i c ~ Z ~ i Q I - L'~ q - ZOa 13,023.89 N ~v : 4,796.49 E A - ZOa ~~J o. ,.0~. ® ^ - 2c:a " (i a - Z a ~~A ~S AGRICULTiJRd11e (~,-zo®) s To IN®usROAle-cOMMERCI~?~ MIXED ~l5~ (MCX-z0) oQ ~'o ~2.oa~ AclzES ~o ° ~ o Ova ~ J ~ - ZOa T T T AMENDING SECTION 25-~-22 (PUNA DISTRICT ZONE MAP) ARTICEE CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, ~Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO INDUSTRIAL@COMMERCIAL MIXED USE (MCX-20) AT I<EAAU, PUNA, HAWAII. PREP.~RED F3Y PI.,~NNING DEPARTMENT COUNTY OF HAV106411 TMK 1 -6-03: POR. 7 DECEMBER 1 1, 1 999 EXHIBIT