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Home My WebLink AboutORD 1993-038 1992-1994COUNTY OF HAWAII STATE OF HAWAII BILL NO. 6 (Draft 2) ORDINANCE NO. 93 38 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO LIMITED INDUSTRIAL (ML-40a) AND GENERAL INDUSTRIAL (MG-Sa) AT HONOKOHAU 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-OS:PORTIONS OF 26 AND 49. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Honokohau 2nd, North Kona, Hawaii, shall be Limited Industrial (ML-40a): PARCEL 1: Beginning at an angle point on the Northerly boundary of this parcel of land, being also the Northwesterly corner of the Proposed Change of Zone from "O" to "MG" and being a point on the Southerly boundary of Land Commission Award 11,216, Apana 36 to M. Kekauonohi, the coordinates of said point of beginning referred to The Hawaii State Plane Coordinate System, Zone 1 being 307,363.43 feet North and 323,586.32 feet East and running by azimuths measured clockwise from True South: Thence, for the next five (5) courses following along the remainder of Parcel VII of the Honokohau Partition and Royal Patent 6855, Land Commission Award 9971, Apana 9 to W. P. Leleiohoku: 1. 348° 15' 10" 600.00 feet along the remainders of Lots 7-A and 7-B to a point; 2. 258° 15' 10" 340.32 feet along the remainder of Lot 7-B to a point; 3. 169° 56' 60.90 feet along the remainder of Lot 7-B to a point; 4. 195° 16' 142.00 feet along the remainders of Lots 7-B and 7-A to a point; 5. 170° 43' 30" 413.00 feet along the remainder of Lot 7-A to a point; 6. 258° 15' 10" 443.09 feet along Land Commission Award 11,216, Apana 36 to M. Kekauonohi to a point; 7. 349° 30' 28" 937.23 feet along the remainders of Lots 7-A and 7-B and along the remainder of Royal Patent 6855, Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; 8. 79° 32' 41" 575.50 feet along Government Land (State of Hawaii) to a point; 9. 80° 03' S3" 1,438.58 feet along Government Land (State of Hawaii) to a point; 10. 148° 10' 935.44 feet along Parcels IX and VIII of the Honokohau Partition and along the remainder of Royal Patent 6855, Land Commission Award 9971, Apana 9 to W. P. Leleiohoku to a point; 11. 258° 15' 10" 1,487.49 feet along Land Commission Award 11216, Apana 36 to M. Kekauonohi to the point of beginning and containing an area of 40.001 Acres. (Refer to Parcel 1 as shown on Exhibit "A".) -2- The district classification of the following area situated at Honokohau 2nd, North Kona, Hawaii, shall be General Industrial (MG-5a): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Northerly boundary of Lot 7-A and being a point on the Southerly boundary of land Commission Award 11,216, Apana 36 to M. Kekauonohi, the coordinates of said point of beginning referred to the Hawaii State Plane Coordinate System, Zone 1 being 307,363.93 feet North and 323,586.32 feet East and running by azimuths measured clockwise from True South: 1. 258° 15' 10" 424.42 feet along Land Commission Award 11,216, Apana 36 to M. Kekauonohi to a point; Thence, for the next five (5) courses following along the remainders of Parcel VII of the Honokohau Partition and Royal Patent 6855, Land Commission Award 9971, Apana 9 to W. P. Leleiohoku: 2. 350° 43' 30" 413.00 feet along the remainder of Lot 7-A to a point; 3. 15° 16' 142.00 feet along the remainders of Lots 7-A and 7-B to a point; 4. 349° 56' 60.90 feet along the remainder of Lot 7-B to a point; 5. 78° 15' 10" 390.32 feet along the remainder of Lot 7-B to a point; 6. 168° 15' 10" 600.00 feet along the remainders of Lots 7-B and 7-A to the point of beginning and containing an area of 5.500 Acres. (Refer to Parcel 2 as shown on Exhibit "A".) -3- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: (A) the applicant, its successors or assigns shall comply with all of the stated conditions of approval; (B) final plan approval for the project and related improvements shall be secured from the Planning Department within eighteen 18 months from the effective date of this approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five (45) days prior to the date for which plan approval must be secured. Plans shall indicate proposed structures, landscaping, the buffer and landscaping area approved by Housing Finance Development Corporation, parking and interior traffic circulation; (C) construction shall commence within eighteen 18 months from the date of receipt of Final Plan Approval and be completed within two years thereafter; (D) a comprehensive landscaping/buffer plan, including visual analysis from the Queen Kaahumanu Highway and surrounding properties, shall be submitted to the Planning Department for review and approval prior to submittal of plans for plan approval review. The plan shall include, but not be limited to, landscaping improvements along the zoned area's western, northern and southern boundaries, interior landscaping, and provisions for maintenance. Identified priority landscaped areas shall be -4- established prior to issuance of a certificate of occupancy for any portion of the development; (E) as required by the State Land Use Commission's Decision and Order, a plan for a buffer and its maintenance along the southern boundary with the Kealakehe lands shall be submitted to and approved by the Housing Finance and Development Corporation prior to submittal of plans for plan approval review; (F) in the design and review of any improvements, due consideration shall be given to the minimization of noise and adverse visual impacts through appropriate siting, height, bulk, color schemes, signage, and landscaping; (G) an interim method of sewage disposal shall meet with the approval of the appropriate governmental agencies. Sewer lines shall be installed within the project site for eventual hookup to the municipal sewer system; (H) a drainage system shall be installed meeting with the approval of the Department of Public Works; (I) as required by the State Land Use Commission's Decision and Order, a drainage and erosion control plan shall be prepared to control drainage within the property and to maintain ocean water quality. Said plan and construction of the drainage improvements shall meet with the approval of the Department of Health and/or the Department of Public Works, as appropriate; (J) a 60-foot wide dedicable road shall be constructed to commercial standards within the project site and on state lands connecting to the Kealakehe Parkway prior to the issuance of a certificate of occupancy for any portion of the proposed development. The -5- 60-foot wide road and its connection to Kealakehe Parkway shall meet with the approval of the Department of Public Works and the Department of Transportation; (K) as required by the State Land Use Commission's Decision and Order, the applicant shall participate in the funding and construction of local and regional transportation improvements on a pro rata basis as determined by the State Department of Transportation. A letter of compliance with this condition shall be submitted prior to issuance of a certificate of occupancy for any portion of this development; (L) as required by the State Land Use Commission's Decision and Order, a letter from the Department of Health shall be submitted prior to the issuance of a certificate of occupancy for any portion of the development indicating that participation with the air quality monitoring program has been executed; (M) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (N) comply with all applicable laws, rules, regulations and requirements, including those of the Housing Finance and Development Corporation, Departments of Public Works, Health and Fire and Hawaii Electric Light Company; (O) should the Council adopt a Unified Impact Fees Ordinance setting forth -6- criteria for the imposition of exactions or the assessment of impact fees, conditions included herein [may shall be credited towards[, at the developer's election, be satisfied by performance in accordance with] the requirements of the Unified Impact Fees Ordinance; (P) The applicants, its succ ssors or assigns of the developm nt on the above described Parc 1 2 designated in the MG-5 zoned district shall be required to take appropriate measures as required by th Stat Land Use Commission's Decision and Order to control and minimiz any environmental conditions which include but are not limi ed to odor, dust, noise and nuisances caused by th operation of a readv-mia concrete batching plant It is he County's intent that the use of Parcel 2 shall be limited to the construc ion and operation of a readv-mix concrete batching plant and its subordinate accessory uses In the event that either (1) the readv-mia concrete batching plant is no construct d and in operation within two years of the effective date of this bill or (2) the readv-mia concrete batching plant terminates it operations or fail to comply with any provisions as required by the State Land Use Commission's Decision and Order and the Conditions of Approval, the Planning Director shall initiate rezoning to its original or more appropriate designation• ([P]Q) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this Change of Zone. The report shall address the status of the development and the compliance with -7- the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and, ([Q]R) an 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; 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); and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -8- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNC L MEMBER, OUNTY O .HAWAII Hilo, Hawaii Date of Introduction: April 7, 1993 Date of 1st Reading: April 7, 1993 Date of 2nd Reading: April 21, 1993 Effective Date: April 27, 1993 APPROVED AS TO FORM AND LEGALITY: ~~/ " DEPUTY COR RATION COUNSEL DATED: APR 2 6 1993 -9- TIpuE NpR.~,N ~CAL~: ~p~Ql N P P ~ N ~ V ~~ ~u) '~~~~ O I i~//'ie l E N fie) //// ~~~ O PCNI I(o) PARCEL 'Z O}DEN (O) TO GENERAL INDU'3TR1AL CMG-5a) ~ ARL°A = 6_500 ACRCS PARCEL t > >,sQe.3 ~ OPEN (O) TO LIM1TEip "THE HAWAII STATE INptJSTR1At (ML-40e puaNE CeeIt DINATE ~Y3Ti Mr 2eNi 1" ~\ ~~~ AREA = 40_001 ACRES o P E N ~o) e P C N ~O) J~ 1 ~~~ I~ I ~ 11 ~ 1~ o P e N (o) ~~ F ~~UEEN i KAA1-ftJMANIt Ff16ti WAy O ~° E N Co) +KeNALA KEALAKEHE PARKWAY O PEN. (e) o P E N (O) H eNOICOHAU pMALL DOAT HARBOR AMENDMENT TO THE ZONING CODE AMENDING 3ECT10N 25-B7 (NORT1-J KONA ZONE MAI°~ ARTICLE ~, CHAPTER 25 (ZONING CODE) OF THB HAWAII COUNT7' CODE 197' CHANGING THE DISTRICT CLrAS51FICA'r10Pt FROM OPEN (O) TO LIMITEb INbuS- TR1AL- (ML-40 o) AND QENI=RAL INDLSTRIAL (tviG-5q~ AT Ho1vo1COHAU ~Na, NORTH hCONA, HAI^tAll. PREPARED BY ' PLANNIN@ OcPARTMENT COUNT7 OF HAWAII TMK _ 7-4-08 : PORTIONS op 26AN0 49 9E1°T: 8, 1°J°~2 EXHIBIT "/i" (McCLEAN HONOI'COHAU t-R OPERTIL ~~