HomeMy WebLinkAboutORD 1994-102 1992-1994COUNTY OF HAWAII :STATE OF HAWAII
BILL NO. 264
(Draft 3)
ORDINANCE NO. _94__102
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
VILLAGE COMMERCIAL (CV-20) AND LIMITED INDUSTRIAL (ML-la) AND
FROM UNPLANNED (U) TO LIMITED INDUSTRIAL (ML-la) AT KOHANAIKI,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-09:15.
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 Kohanaiki, North Kona, Hawaii, shall be
Village Commercial (CV-20):
PARCEL 1:
Beginning at the Southeasterly corner of this parcel of
land, being also a point on the Southerly boundary of
Parcel 3 and being a point on the Northerly boundary of
Lot 7-A-1, the coordinates of said point of beginning
referred to Hawaiian Plane Coordinate Grid System, Zone 1
being 315,868.04 feet North and 318,244.53 feet East and
running by azimuths measured clockwise from True South:
1. 91° 59' 35" 856.53 feet along Lot 7-A-1 and
along the remainder of
Grant 2942 to Hulikoa to a
point;
2. 149° 36' 30" 500.00 feet along the Easterly
side of Queen Kaahumanu
Highway (Kailua-Kawaihae
Road, Section II) (Project
No. BD-65-352) to a point;
3. 271° 59'
4. 1° 59
35" 1,124.33 feet along Parcel 1 and
along the remainder of
Grant 2942 to Hulikoa to a
point;
35" 422.24 feet along the remainders
of Parcel 3 and Grant 2942
to Hulikoa to the point of
beginning and containing
an area of 9.600 Acres.
(Refer to Parcel 1 as
shown on Exhibit "A".)
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii, shall be
Limited Industrial (ML-la):
PARCEL 2:
Beginning at the Southwesterly corner of this parcel of
land, being also a point on the Southerly boundary of
Parcel 3 and being a point on the Northerly boundary of
Lot 7-A-1, the coordinates of said point of beginning
referred to the Hawaiian Plane Coordinate Grid System,
Zone 1 being 315,868.04 feet North and 318,244.53 feet
East and running by azimuths measured clockwise from True
South:
Thence, for the next four (4) courses following along
the remainder of Grant 2942 to Hulikoa:
1. 181° 59' 35" 922.24 feet along the remainder
of Parcel 3 to a point;
2. 271° 59' 35" 3,213.96 feet along Parcel 1 to a
point;
3. 343° 55' 30" 444.14 feet along the remainder
of Parcel 3 to a point;
4. 91° 59' 35" 3,351.71 feet along Lot 7-A-1 to
the point of beginning and
containing an area of
31.821 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A".)
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The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii, shall be
Limited Industrial (ML-la):
PARCEL 3:
Beginning at the Southeasterly corner of this parcel of
land, being also the Southeasterly corner of Parcel 3 and
being an angle point on the Northerly boundary of
Lot 7-B-1, the coordinates of said point of beginning
referred to Hawaiian Plane Coordinate Grid System, Zone 1
being 315,645.33 feet North and 324,694.52 feet East and
running by azimuths measured clockwise from True South:
Thence, for the next four (4) courses following along
the remainder of Grant 2992 to Hulikoa:
1. 91° 59' 35" 3,052.15 feet along Lots 7-B-1 and
7-A-1 to a point;
2. 163° 55' 30" 444.14 feet along the remainder
of Parcel 3 to a point;
3. 271° 59' 35" 2,922.10 feet along Parcel 1 to a
point;
4. 329° 36' 30" 500.00 feet along Lots 7-B-1 to
the point of beginning and
containing an area of
28.955 Acres. (Refer to
Parcel 3 as shown on
Exhibit "A".)
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 be
responsible for complying with all of the stated conditions
of approval.
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B. The effective date of the change of zone shall be upon the
acceptance by the Department of Water Supply of the
required water commitment payment in accordance with its
"Water Commitment Policy" within one-hundred-eighty (180)
days from the effective date of this ordinance.
C. Final Subdivision Approval of the subject property shall be
secured and approved by the Planning Director within
five (5) years from the effective date of the rezoning as
determined in Condition B.
D. An overall landscaping master plan, which includes a fifty
foot wide open landscaped buffer at the western boundary
along the Queen Kaahumanu Highway frontage of the subject
property, landscaping along the interior subdivision
roadways, and a program for the maintenance of the
landscaping master plan, shall be submitted to the Planning
Director for review and approval, prior to the issuance of
Final Subdivision Approval and/or Final Plan Approval,
whichever occurs first.
E. A development design manual for the proposed commercial and
industrial subdivision of the subject property shall be
prepared and submitted to the Planning Director for
approval prior to Final Subdivision Approval or Final Plan
Approval, whichever occurs first. The purpose of the
manual is to provide comprehensive principles and
guidelines for the development of the commercial and
limited industrial lots in order to achieve a high standard
of quality for the proposed development. The manual shall
include, but not be limited to, standards and guidelines
relative to open space, architecture building controls
(appearance, siting, heights, building materials, signs,
etc.), terrain, topography, off-street parking, on-site
landscaping, loading and unloading docks, setbacks from
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property lines and buildings, lot coverage ratio, etc. and
enforcement procedures.
F. Plans to be submitted for Final Plan Approval shall be
required to comply with the approved development design
manual requirements and all conditions of approval as
required by this change of zone. Buildings shall conform
to all requirements of codes and statutes pertaining to
building construction. To assure adequate time for plan
approval review and in accordance with Chapter 25-244
(Zoning code), plans shall be submitted within a minimum of
forty five days prior to the date by which Final Plan
Approval must be secured.
G. A wastewater disposal system shall be constructed in a
manner meeting with the approval of the State Department of
Health and the Department of Public Works.
H. A detailed drainage study shall be prepared by the
applicant for review and approval by the Department of
Public Works in conjunction with plans submitted for plan
approval review or subdivision review whichever occurs
first. A drainage system shall be installed meeting with
the approval of the Department of Public Works, prior to
issuance of Final Subdivision Approval for the subject
property or prior to any land alteration whichever occurs
first.
I. An archaeological mitigation plan shall be prepared and
submitted for approval by the Planning Director, in
consultation with the Department of Land and Natural
Resources-Historic Preservation Division, prior to
submitting plans for plan approval review or subdivision
review, whichever occurs first. Recommended mitigation
measures shall be incorporated into plans submitted for
plan approval and/or subdivision approval.
-5-
J. Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings or walls be encountered, work in
the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Director when it finds that sufficient mitigative measures
have been taken.
K. A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to submitting plans for plan approval review or subdivision
review, whichever occurs first. The plan shall include,
but not be limited to, the management of solid waste
generated from the construction and operating phase of the
proposed development. Approved recommendations and
mitigation measures shall be implemented at a time and in a
manner meeting with the approval of the Department of
Public Works.
L. Intersection improvements at the Queen Kaahumanu Highway
intersection shall be installed in a manner meeting with
the approval of the State Department of Transportation.
Curb, gutter and sidewalk improvements shall be installed
within the commercial zoned portion of the subject property
in accordance with the requirements of the County
Department of Public Works, prior to the issuance of a
certificate of occupancy or Final Plan Approval for any
portion of the commercial zoned area of the subject
property, whichever occurs first. The applicant shall
provide for paved swales and paved shoulders within the
ML-la zoned portion of the subject property in accordance
with the requirements of the County Department of Public
Works, in conjunction with Final Subdivision Approval for
any portion of the ML-la zoned area of the subject
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property. Subdivision plans shall include road stub outs
to the north and south, meeting with the requirements of
the Department of Public Works, and the alignment
delineated within the subject property for the "Mid-Level
Road" with a maximum right-of-way width of 120 feet which
is consistent with the roadway plan for the Keahole to
Kailua Development Plan and which shall be approved by the
Department of Public Works and the Planning Department.
The applicant shall dedicate to the County of Hawaii upon
its request the all roadways, including the road stub outs
and the 120-foot "Mid-Level Road" right-of-way.
M. The Planning Director in consultation with the Chief
Engineer shall delineate a one-hundred-twenty (120) foot
wide right-of-way within the ML-la zoned portion of the
subject property for the "Mid-Level Road" identified in the
Keahole to Kailua Development Plan prior to the applicant
submitting plans for preliminary subdivision approval, or
within one-hundred-eighty (180) days of the effective date
of this ordinance, whichever occurs last. Should the
Planning Director in consultation with the Chief Engineer
be unable to establish the right-of-way alignment for the
"Mid-Level Road" by that time period, the applicant shall
delineate the "Mid-Level Road" right-of-way at
approximately the 325-foot elevation of the subject
property and which shall be depicted on the subdivision
plat map.
N. In lieu of actual construction of infrastructural
improvements as required herein, the applicant may enter
into an agreement with the Planning Director to assure the
County that the infrastructural improvements will be
constructed together with the appropriate bond, surety or
other security deemed acceptable to the Planning Director
and the Corporation Counsel. Upon execution of such
-~-
agreement and/or filing of the security with the County,
final subdivision approval for the subject property or
portions thereof shall be granted prior to the actual
construction of required infrastructural improvements.
O. The applicant shall comply with all applicable laws, rules,
regulations and requirements, including those of the
Department of Health, Fire Department, and the Department
of Water Supply for the development of the subject property.
P. Should the Council adopt a Unified Impact Fees Ordinance
setting forth criteria for the imposition of exactions or
the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified
Impact Fees Ordinance.
Q. 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 Planning Director
acknowledges that further reports are not required.
R. An extension of time for the performance of conditions
within the ordinance, with the exception of Condition C,
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, its successors or assigns, and that
are not the result of their fault or negligence.
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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).
5. Should the Applicant request 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 this ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL MEMB C NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 24, 1994
Date of 1st Reading: August 24, 1994
Date of 2nd Reading: September 7, 1994
Effective Date: September 13, 1994
APPRO D AS TO FORM AND LEGALITY:
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ONING CODE
AMENDING ~~CTtON ~5-87 (NORTH KoNA ZONE MAf'~
A1QTiCLE 3, CHAI°TER ~S (ZONING CODE) OP THE
}'fAWAff COIJNTT COOS, t3~' CHANGiNCi THE b15TIQICT
CLASSIFICATION 1=ROM OPEN (O) TO VfLLAGE
COMMERCIAL ~C~/-ZO) ANp LIMITED 1NDU57"RIAL (ML-la~
AND FROM UNPLANNED (11) To LIMITED 1NDLSTRIAL
(ML-to) AT KOHANA1Kt, NORTH KONA, HAWAtt_
PREPARBb 13Y = pLANNINC 17E1°ARTMENT
COUNT? of 1-IAWAII
~TMK =7-3-09=15
31
EXHIBIT Il,lq ~KAMAAINA EIGHT PARTNERS)
OFFICE OF THE COUNTY CLERK
County of Hawaii ; -. r ; ~ _ _
Hilo ,Hawaii ~ ' ' - -'
'94 SF.~' i3 FiTI 10 13
Introduced By: Takashi Domingo
Date Introduced: August 24 , 1994
First Reading: August 24 , 1994
Published: N/A
REMARKS:
Second Reading: September 7, 1994
To Mayor: ~Se tember 7, 1994
Returned: S ep t e~13 , 1~9~~4
Effective: September 13....1994
Published:
REMARKS:
(DRAFT 3)JFFI(:%-_ d.YCI_Eft;
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON X
CHILDS X
DE LIMA X
DOMINGO X
HALE X
RATH X
ROSEHILL X
SCHUTI'E X
9 0 0 0
(f7RAFT 3 1
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
BONK-ABRAMSON X
CHILDS X
DE LIMA X
DOMINGO
HALE X
RATH
ROSEHILL X
SCHUTTE X
0 0
I DO HEREBYCERTTFI'that the foregoing BILL was adopted by the County Council and published as
indicated above.
APPROVED as to
FORM and LEGALITY
COUNTY OF HAWAII
Date
Appro ed/eved this ~~ day
of~^ , 19 ~~
YC~Ur~CY OF HAWAII
Bill No.: 264 (Dr. 3 )
Reference: CC-11~~0
Ord. No.: ~~~L~_!e LL~I~,