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HomeMy WebLinkAboutCOM 0494.013 2008-2010 BRENDA J. FORDO Council Member Council District 7 - Central Kana o Phone: (808) 326-5684 Fax: (808) 329-4786 Email: bford@co.hawaii.hi.us Hawai'i County Council County of Hawai 'i Kailua Trade Center 75-5706 Hanama Place, Suite 109 Kailua-Kona, Hawai'i 96740 ;~ '. l ,~-"~ C/) rn ---0 I-' t:Tt {"'" -. .'" ,,(~"~ Date: September 14, 2009 .-,:'2) :3 CD Re: J Yoshimoto, Chair And Council Members Brenda J. Ford, Council Member ~ ~ Proposed Amendment to Bill No. 136, Which Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Project District (PD) to Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Kau, North Kona, Hawaii, Covered by TMK:7-2-005:001. Applicant: Palamanui Global Holdings LLC -C r"-J To: From: Attached please find a proposed amendments to Bill No. 136. The proposed amendment is in Ramsayer format with respect to Bill No. 136, bolded for illustrative purposes. A draft copy of Bill No. 136, Draft 2, is attached with the proposed amendments incorporated therein. The proposed amendments read as follows: 1. Correct spelling and conform to Hawaiian diacritical marks within section 1 of Bill No. 136. 2. Remove and correct language to section 2. C: "The applicant shall comply with the applicable conditions of Ordinance No. 06 105 effective July 17,2006, and any applicable amendments [ therof] thereof." 3. Remove and add new language to section 2. L: "To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai'i County Code, relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Subdivision Approval [ ..] ; in addition, any affordable Comm. No. "Il1 t/. (;. Serving the Interests of the People of Our Island Ref. To:J~~ Hawai'l County is an Equal Opportunity Provider and Employer Ref. Date_ o o housing credits earned from this industrial-commercial mixed zone shall be applied to the original and remaining project district from which this zoning was removed and shall be constructed on-site in the original proiect district defined in Ordinance No. 4. Add new language to section 2.0, and paragraphs were alphabetized as appropriate: " "0. Total retail space (not including restaurants) shall not exceed 75,000 square feet under roof until the construction of the Queen Ka'ahumanu Highway, Phase II widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the state entering into a construction contract for the improvements. The square footage of improvements leased to the University of Hawai'i shall not count against this limit." BJF:dkr Att. o o AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM PROJECT DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX- 20) AT KAU, NORTH KONA, HAWAI'I, COVERED BY TAX MAP KEY: 7-2-005:001. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ka'u, North Kona, Hawai'i, shall be Industrial-Commercial Mixed - 20,000 square feet (MCX-20): Beginning at a point, being the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "AKAHIPUU", being 109.49 feet South and 18,804.22 feet West, and running by azimuths measured from true South: 1. 2910 46' 30" 1149.40 feet along Kukio - 'O'oma Government Tracts; 2. 90 19' 55" 282.64 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 3. 2790 19' 55" 9.06 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; Thence along a curve to the right with a radius of239.00 feet, the chord azimuth and distance being: 4. 3240 19' 55" 338.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 5. 90 19' 55" 446.09 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191 ; 0 0 6. 2790 19' 55" 485.02 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 7. 90 32' 52" 500.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 8. 990 19' 55" 421.14 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191 ; 9. 1890 19' 55" 301.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 10. 990 19' 55" 62.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191 ; Thence along a curve to the right with a radius of20.00 feet, the chord and distance being: 11. 540 19' 55" 28.28 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 12. 990 19' 55" 197.96 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; Thence along a curve to the left with a radius of301.00 feet, the chord azimuth and distance being: 13. 750 03' 55" 247.41 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 0 0 14. 500 47' 55" 103.47 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; Thence along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 15. 950 47' 55" 28.28 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 16. 1400 47' 55" 199.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 17. 2300 47' 55" 357.90 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191 ; 18. .1400 47' 55" 218.83 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; Thence along a curve to the right with a radius of239.00 feet, the chord azimuth and distance being: 19. 2400 48' 29" 65.26 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191 ; 20. 1580 39' 19" 269.52 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 21. 1900 57' 06" 40.03 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 0 0 22. 1030 12' 19" 39.52 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 23. 1020 46' 39" 49.05 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 24. 1160 09' 35" 45.79 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 25. 1120 02' 29" 43.66 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 26. 1890 19' 55" 199.24 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191 ; 27. 990 19' 55" 114.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; Thence along a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 28. 540 19' 55" 28.28 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 29. 990 19' 55" 62.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 30. 1890 19' 55" 13.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; o o 31. 990 19' 55" 297.97 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191 ; 32. 1890 19' 55" 537.31 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paulua, Certificate of Boundaries 191 to the point of beginning, containing an area of29.92 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or ill Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: iAl Protection of the public from the potentially deleterious effects of the proposed use, or ill} Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order (Docket No. A03-744) dated May 19,2005. C. The applicant shall comply with the applicable conditions of Ordinance No. 06 105 effective July 17,2006, and any applicable amendments thereof. D. The applicant shall submit a water system master plan for review and approval by o o the Department of Water Supply prior to the issuance of Final Subdivision Approval. E. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. F. Prior to construction on each of the lots, the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai'i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawai'i County Code. G. Access to the property shall meet with the Department of Transportation and the Department of Public Works. H. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to receipt of Final Subdivision Approval. Drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to the receipt of issuance of a certificate of occupancy for any buildings, or final subdivision approval for any subdivision creating single-family residential lots. 1. The existing Solid Waste Management Plan with the Department of Environmental Management shall be followed. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Environmental Management. o o J. A wastewater treatment system shall be constructed, meeting the approval of the State Department of Health and/or Department of Environmental Management, whichever is applicable. All wastewater shall be treated at an approved wastewater treatment plant, to a minimum of secondary treatment, with R-l effluent, unless a greater level oftreatment is required by the Department of Health. Wastewater shall be used for irrigation of landscaping or other beneficial reuse to the maximum extent feasible. K. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a certificate of occupancy. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai'i County Code, relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Subdivision Approval; in . addition, any affordable housing credits earned from this industrial-commercial mixed zone shall be applied to the original and remaining project district from which this zoning was removed and shall be constructed on-site in the original project district defined in Ordinance No._. M. 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 Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements ofthe Unified Impact Fees o o Ordinance. O. Total retail space (not including restaurants) shall not exceed 75,000 square feet under roof until the construction of the Queen Ka'ahumanu Highway, Phase II widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the state entering into a construction contract for the improvements. The square footage of improvements leased to the University of Hawai'i shall not count against this limit. P. Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. Q. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this Project District Ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director acknowledges that further reports are not required. R. 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 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. o o 3. Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. 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 Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning ofthe 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.