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Home My WebLink AboutBIL 195 Draft 02 1998-2000 COUNTY O~ I--IAW. ~ ~ ~TAT~ O~ HAWAII BILL NO. 195 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUMA 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, COVERED BY TAX 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 the 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 corner 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 13,023.89 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 radius 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° OS' 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. 1053; 8. 177° 00' 451.86 feet along the remainder of Lot 9168, Ld. Ct. App. 1053; 9. Thence along same on a curve to the left with a radius of 4000.00 feet, the 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 Order 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 property shall be secured from the Planning Director within five (5) years 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. All 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 area 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 standards, 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. The 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. The applicant shall prepare a future roadwaycirculation plan of the ~ro~ect area and surrounding lands between the Keaau-Pahoa Road Extension and Shipman Business Park for approval by the Plannin~DirectorL in consultation with the Department of Public Works anal the State Department of Transportation, prior to the granting of Final Subdivision Approval or Final Plan Approval for an~portion of the project area, which ever occurs first. Unless otherwise provided herein, roadways shown on the approved future roadwav circulation plan shall be constructed incrementally with the development of the adjacent properties, except as rp ovided below. The approved future roadwav circulation network shall be incorporated as part of the Keaau Zone Map, as appropriate. K. The applicant shall construct a connector road ~"Connector Road 1 between the Shipman Business Park and the Project area,~Phase I,~, as shown on Exhibit "A" attached hereto. This roadway shall connect Melekahiwa Street and the proposed Road A and shall be developed in two stages. The effective date of zoning_shall -4- occur upon the completion of construction or acceptance of financial assurance thereof, whichever occurs first, for the first stage of Connector Road I. The first stage shall consist of a preliminary vehicular access hereinafter defined as road i~rovements constructed to non-dedicable standards meetingwith the safety and design reduirements of the Department of Public Works. Construction of the first stage shall be completed prior to the issuance of the County's approval of occupancy for any_portion of the Project Area. The second stage shall consist of up~radin~ the preliminary_vehicular access to dedicable standards meeting with the approval of the Department of Public Works, and which shall be constructed concurrently with the development of the lands immediately fronting ector Road I. The portion of the Connector Road I through TMK: 1-6-146: 017 shall be developed consistent with the existing roadway standards within the Shipman Business Park. The remainder of the road from the Shipman Business Park boundary to Road A shall include curb, gutter, and sidewalk improvements. L. The applicant shall construct a minimum eight-foot wide pedestrian/bike path within a minimum twelve-foot wide right-of--way from the underpass on the Volcano Highway to the proiect area in_general conformance with the ali n shown on Exhibit "A". The pedestrian/bike path shall be completed and available for use prior to the issuance of the County's approval for occupancy of any portion of the pro.,ject area. M. The applicant shall construct a second connector road ("Connector Road 2"), meeting with the approval of the Department of Public Works, between Melekahiwa Street/Road A and the Keaau-Pahoa Road Extension prior to the County's issuance of the ap rp oval of occupancy for any development within the Keaau Gateway Project Area Phase IIa as shown on Exhibit "A" attached hereto. Final design including_pre~aration of construction drawings for Connection Road 2 shall be financially assured as part of final subdivision approval for andportion -5- of the Phase I area and shall be completed within two (2Zyears thereafter. Connector Road 2 may be constructed in stagest the first of which shall consist of a preliminary vehicular access (hereinafter defined as road improvements constructed to non-dedicable standards meeting with the safety and design requirements of the Department of Public Works). Construction of the first stage shall be completed prior to the issuance of the Count~%'s approval of occupancy for any portion of the Phase II Area. The second stage shall consist of up rg ading the preliminary vehicular access to dedicable standards, meeting with the approval of the Department of Public Works, 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 Hawaii upon completion. In conntunction with final subdivision approval for any portion of the Project Area Phase 1 ,the applicant shall record a covenant, meeting with the approval of the Planning Director, with the Bureau of Conveyances requiring the construction of Connector Road 2 in the manner and schedule prescribed above. N. Should the County determine that construction of Connector Roads 1 and/or 2 is required prior to the schedule described above, the County may, at its own cost, improve the roadway(s). In this event, the applicant shall dedicate the road ri~ht(sLof--way at no cost to the County upon its request. [J]O. A drainage study, if required, shall be prepared 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. -6- [K]P. A Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Public Works. A copy of the approved plan shall be submitted to the Planning Department prior to Final Plan Approval. [L]Q. Wastewater system for proposed development shall be constructed, meeting with the approval of the Department of Health. [M]R. Comply with all other applicable rules, regulations and requirements of the affected agencies, including the Department of Health, for the proposed development. [N]S. 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]T. 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 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. -7- 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). 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. [P]U. 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 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -8- ~ ~ SHIP. N BUSINESS RK P~A~. r# '4 # ``4 } ~L.~ } , R a# # } Y \ . ~ r} ~ }.9 \ t~# ° ~~ji i~E ~ ac ~ ~ ~ XK~JI'i.3/~ ~ r _ ~ ` 'r~#?: ~ l~ , J y's.~ s ~~5 °<v} ~ ; ~ H'fo Qi7~CJ ~\o ser+ . ~ # Q ,,s~ o O t~ ° ° a E T ~C~ ~iQ ° ~ ' ~ ~ ° c,}. ° o ~ o cQ o ~tcr } ~ I~} # # ~ S ° ~.1 Its - o o ®PHASE i t_.r.r~} ~ ~ ; ~ # a , ~ # ~ ' ~~a o ~ .~~Ys~Z... PHASE N BOUNDARY ° ~ ~1 c.~.'r ` O ° ~ ~ ° hr ~ ~ G -vc # o [F~, p~ -~Y~°- saw ~ ' s O ((7y's 1- O 1 } ° ~ } ° . a s av o dbc ~ # ° E / ~'y o ° c# l # } P "'b ~~a~I~ou ~~iI~~S CONCEPTUAL PLAN - MELEKAHIWA TO KEAAU-PAHOA ROAD CONNECTION PUNA DISTRICT, HAWAII 0 PREPARED FOR: W.H. SHIPMAN, LIMITED PREPARED BY: OKAHARA & ASSOCIATES INC. 500 FT. EXHIBIT A roods around gotewoy.dwq/1=1.5 ~ A i' .:i - ~ ~ A u 12 O ~ ~a - a ~ - i ~ i ~ - ~ ~ a ~ ~ ~I i _ 2 a j ' p Q MG; - 20 ~ a - 20a 0~~~~ ~ ~i 13,023.89 N ~w 4,796.49 E ~ ~ - 20a e . "OLAA" O h - 20a ~ - 2Oa ~~A '9s, AGRICULTURAL (A-20a) `s TO INDUSRIAL-COMMERCIAL MIXED USE (MCX~-20) ~Q ~o AREA: 32.028 ACRES ~C ~ v ~Q U~ J ~ , O~ ~ ~ ~ ~ it - ~ O a ~ - 20a ~ i~T T® T ®i~IN AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAVdAII COUNTY CODE, ®Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO INDUSTRIAL-COMMERCIAL MIXED USE (MCX-20) AT KEAAU, PUNA, HAYdAII. PREPARED BY PLANNING DEPARTMENT COUNTY OP f°IAVVAII TMK 1 -6-03: POR. 7 DECEMBER 1 1 ,1 999 EXHIBIT ee Af~ (SHIPMAN)