HomeMy WebLinkAboutORD 1999-089 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 91
ORDINANCE NO. 99 $9
AN ORDINANCE AMENDING ORDINANCE NO. 93-38 (AMENDED BY ORDINANCE
NOS. 96-3 AND 97-118) AND SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII' COUNTY CODE, BY CHANGING THE
DISTRICT CLASSIFICATION FROM LIMTTED INDUSTRIAL (MI.-40a) AND GENERAL
INDUSTRIAL (MG-Sa) TO LIMITED INDUSTRIAL (MI,-la) AND GENERAL
INDUSTRIAL (MG-Sa) AT HONOKOHAU 2ND, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-4-8:PORTIONS OF 26 AND 49.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 93-38 (Amended by Ordinance Nos. 96-3 and 97-118) is
amended as follows:
"SECTION 1. Section 25-8-3. Article 8 [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 (MI.-40a):
PARCEL 1:
Beginning at an angle point on the Northerly boundary of this pazcel of land, being also
the Northwesterly comer of the Proposed Change of Zone from "O" to "MG" and being a
point on the Southerly boundazy 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 n,nn;ng by azimuths measured clockwise from True South:
Thence, for the next five (5) courses following along the remainder of Pazcel VII
of the Honokohau Partition and Royal Patent 6855, Land Commission
Awazd 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° I S' 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 Pazcels IX and VIII of the
Honokohau Partition and along the
remainder of Royal Patent 6855, Land
Commission Awazd 9971, Apana 9 to W. P.
Leleiohoku to a point;
11. 258° 15' 10" 1,487.49 feet along Land Commission Awazd 11216,
Apana 36 to M. Kekauonohi to the point of
beginning and containing an area of 40.001
Acres. (Refer to Pazcel 1 as shown on
Exhibit "A".)
The district classification of the following azea situated at Honokohau 2nd, North
Kona, Hawaii, shall be General Industrial (MG-Sa):
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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 Awazd 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:
1. 258° 15' 10" 424.42 feet along Land Commission
Awazd 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
Awazd 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" 340.32 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 azea of 5.500
Acres. (Refer to Parcel 2 as shown
on Exhibit "A".)]
The district classification of the following~rea situated at Honokohau 2nd North
Kona Hawaii shall be Limited Industrial (ML-lal.
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PARCEL 1
inning at the Northwesterly comer of this parcel of land. being also the
I`TOrthwesterly comer of Lot 7-A. the Northeasterly comer of Parcel VIII and being a
point on the Southerly boundary of Lot A-1 the coordinates of said point of beg~ine
*P~arred to Government Survey Triangµlation Station "KEAHLTOLU" being 9.236.75 feet
*T^-~w and 3 906 39 feet East and rnnning by azimuths measured clockwise from True
South:
1. ~ ~ ~ 424.1 feet along~ot A-1 and along Royal
Patent 7587. Land Commission
Award 11216. Apana 36 to M.
Kekauonohi (Certificate of
Bo ndaries No. 138~o a point:
Thence for the next six (¢,l courses following along the remainder of Royal Patent 6855.
Land ommission Award 9971 Apana 9 to W P Leleiohoku Certificate of Boundaries
No• 271:
Q5' 4 1 fPPt along the remainder of Lot 7-A
to a point:
85.76 feet along the remainders of
Lots 7-A and 7-B to ~
o~ int:
Thence following lone the remainder of Lot 7-B on a curve to the left with a radius of
45.00 feet. the chord a?imuth and
distance beine:
~Z ~ ~ 25.9g feet to a point:
Thence followi~ aloes the remainder of Lot 7-B on a curve to the rieht with a radius of
as 00 feet. the chord azimuth and
distance beine:
yZ Q~" 64.57 feet to a point:
~ ~ ~Q 43 2.00 feat alone the remainder of Lot 7-B
to a on int:
7, ~ ~ 525.30 fPP a ng thr rrmaintiers Of LOPS 7-B
and 7-A to a point:
-4-
~ ~ 04' ~ 435.88 feet along Lot A-1 and along Roval
Patent 7587. Land Commission
Awazd 11216. Agana 36 to
M. Kekauonohi (Certificate of
Boundaries No. 1381 to a point:
~ ~ 937.26 feet along the remainders of Lots
7-A and 7-B and Royal Patent 6855.
Land Commission Awazd 9971.
Anana 9 to W. P. Leleiohoku
(Certificate of Boundaries No. 271 to
anoint:
~2 2~ 574.41 feet along Lot 2 of The Villages of
La'i'opua. Phase 1 (File Plan 21281
and alone the Government Land of
Kealakehe tto a ooint:
11. L 53' S2 1.439.11 feet along Lot 2 of The Villa eg s of
La'i'opga. Phase 1 (File Plan 21281
and along the Government Land of
Kealakehe to a point:
1~ 14?° ~ 935.44 feet along Pazcels 1X-A and VIII and
along the remainder of Roval
Patent 6855. Land Commission
Awazd 9971. Anana 9 to W. P.
Leleiohoku (Certificate of
Boundaries No. 271 to the point of
~tming and contaiiing an azea of
39.783 Acres.
~'he district classification of the following azea situated at Honokohau 2nd North
Kona Hawaii shall be General Industrial (MG-SaZ
PARCEL 2
Beeinn~e at the Southwesterly corner of this D~1rCe1 of land. being also the
Southeasterly comer of Proposed Lot 7 and being a voint on the Northerly side of
Proposed Road "A" of this subdivision the coordinates of said point of be 'ginning
rPfPaed to ve ment Survey Trianm,larion Station "KFAHi OLU" being 9.108.27 feet
*TOrth and 5 389 39 feet East and m_nni~ by azimuths measured clockwise from Tme
South:
-5-
QS' 431.97 f t o Proposed Lot 7 ofkhis
subdivision and along the remainders
of Lot 7-A and Royal Patent 6855.
Land Commission Award 9971.
Agana 9 to W. P. Leleiohoku
(Certificate of Boundaries No. 27) to
s#-p9tL12:
~ 494.65 feet along Lot A-1 and along Roval
Patent 7587. Land Commission
Award 11216. A_nana 36 to M.
Kekauonohi (Certificate of
Boundaries No. 138) to a point:
~ 525.30 feet along Proposed Lot 13 of this
subdivision a_nd along the remainders
of Lots 7-A and 7-B and Roval
Patent 6855. Land Commission
Awazd 9971. Agana 9 to W.P.
Leleiohoku (Certificate of
Boundaries No. 27 to a point:
q L ~ 342.00 feet along Proposed Lot 9 of this
subdivision and along the remainders
of Lot 7-B and Royal Patent 6855.
T.and Commission Award 9971.
Agana 9 to W. P. Leleiohoku
(('ertificate of Boundaries No 271 to
of
Thence for the next three (,courses following long the Northerly side of Pronosed
Road "A" of his subdivision:
Thence followin~on a c ~rve to the left with a radius of 45 00 feet the chord azimuth and
distance beine:
1.1Sz° 1 Q,~ 64.57 feet to a Dpint:
Thence following on a curve to the right with a radius of 45 00 feet the chord azimuth
and distance beine:
~ ~Z ~ ] 7" 25.98 feet to a point:
-6-
7 ~ 85_76 feet to thegoint of beginnine and
~ontainine a Bross area of 5.713
Acres•
All as shown on the map attached hereto, mazked Exhibit "A" and by reference
made a part hereof.
SECTION 2. These changes in district classification aze conditioned upon the following:
A. The applicant, its successors or assigns shall comply with all of the stated
conditions of approval.
Final Subdivision Approval or Final Plan Approval whichever occurs first.
shall be secured ~~ithin five (SZ.yP~* from the effective date of this ordinance
[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 for Final Plan Approval shall indicate proposed structures,
landscaping, the buffer and landscaping area approved by Housing Finance
Development Corporation 41' irc cnrcessor, 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
-7-
improvements along the zoned area's western, northern and southern
boundaries, interior landscaping, and provisions for maintenance. Identified
priority landscaped areas shall be 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 or ;rs cucce cors 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
-8-
within the project site to the south property line prior to the issuance of Ein~1
Subdivision Anproval or a certificate of occupancy for any portion of the
proposed development. whichever occurs first. This road shall be constructed
to connect to future Road "G" connection to Kealakehe Parkway and shall meet
with the approval of the Department of Public Works.
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 Final Subdivision Approval or a certificate of
occupancy for any portion of this development. whichever occurs first.
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 Final
$ubdivision 0pnroval or a certificate of occupancy for any portion of the
development whichever occurs first. 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 fmds 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.
-9-
O. 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.
P. The applicants, its successors, or assigns of the development on the above
described Parcel 2, designated in the MG-5 zoned district, shall be required to
take appropriate measures as required by the State Land Use Commission's
Decision and Order to control and minimize any environmental conditions
which include, but are not limited to odor, dust, noise, and nuisances caused by
the operation of a ready-mix concrete batching plant. [It is the county's intent
that the use of Parcel 2 shall be limited to the construction and operation of a
ready-mix concrete batching plant and its subordinate accessory uses. In the
event that either (1) the ready-mix concrete batching plant is not constructed and
in operation within five years of the effective date of this amendment or (2) the
ready-mix concrete batching plant terminates its 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 may initiate
rezoning of its original or more appropriate designation.]
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 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 requued.
R. An extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances:
-10-
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).
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 may initiate rezoning of the area to its original or more
appropriate designation."
SECTION 2. Material to be deleted is bracketed. New material is underscored.
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other pazts of this ordinance.
-11-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 8, 1999
Date of 1st Reading: July 8, 1999
Date of 2nd Reading: July 28 , 1999
Effective Date: August 12, 1999
REFERENCE: Comm. 327
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-12-
A-5a O
1
A - 5a
G
O
O n
~P J~
A -5a
~O
O
LIMITED INDUSTRIAL
(MNDUSTRIAL (MG N5a) L
TO
0
LIMITED o
INDUSTRIAL (ML-1a)
AREA: 39.783 ACRES 9108.27 N
O
5,389.39 E
A "KEAHUOLU" D
GENERAL
INDUSTRIAL (MG-5a)
AREA: 5.713 ACRES O
,~P~
~G~
h~
rya
O 9.236.75 N O `TJ~P~J
3,906.39 E .(,PP
"KEAHUOLU° ~ ~
v
4'~ o
aJ~~? O
7
O ~4
v~
O / Irk
AMENDMENT TO THE ZONING CODE
AMENDING ORDINANCE NO. 93-38 (AMENDED BY ORDINANCE NOS. 96-3 AND 97-118) AND
SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF
THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED
INDUSTRIAL (ML-40a) AND GENERAL INDUSTRIAL (MG-5a) TO LIMITED INDUSTRIAL (ML-1a)
AND GENERAL INDUSTRIAL (MG-Sa) AT HONOKOHAU 2ND, NORTH KONA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-4-B:PORTIONS OF 26 & 49 MAY 4, 1999
EXHIBIT "A'~ ~M~~~~~~ I~
l
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
• tC{tAti-L~C~166 OTE
~ Y O- ABS EX
Introduced By: Bobby Jear. Leithead-Todd Arakaki X
Date Introduced: July 8 1999 Chung CCi - ~ r r_^~~~ X
First Reading: Ju1V 8, 1999 Elarionoff r~L'i i-'t ~,~1~r~~\~~
Published: N/A Jacobson X
Leithead-Todd X
REMARKS: Pisicchio X
Smith X
'Tyler X
Yagong X
8 0 1 0
Second Reading: July 28, 1999 ROLL CALL VOTE
To Mayor: ~„iv Win, 14gA AYES NOES ABS EX
Returned: August 12 1999 Arakaki X
Effective: August 12, 1999 Chung X
Published: August 23 1999 Elarionoff X
Jacobson X
RE.LU RK.S: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
6 1 2 0
/ DO HEREBFCERTIF}'thcrt the foregoing BILL was adopted by the County Council published crs
indicated chore.
APPROVED AS TO
FORM AND LEGALITY:
Q G~-~e~ ~ D~~€~i
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII NGL CHAIRMAN
Date AUG S .1999
CLERK
Approved/ this. ~ Z- day
of GG~~. , t9y~. Bill No.: 91
Reference: C-327/PWP~-36
MA}'OR. COUN }'OFHAWAII Ord.No.: 99 8