HomeMy WebLinkAboutORD 2011-011 2010-2012COUNTY OF HAWAII
ORDINANCE NO. 11
STATE OF HAWAIII
11 BILL NO.
AN ORDINANCE AMENDING SECTION 25 -8 -28 (KA`U DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — ONE ACRE (A -1 a) TO INDUSTRIAL- COMMERCIAL MIXED — 3
ACRES (MCX -3a) AT KAHUKU, KA`U, HAWAII, COVERED BY TAX MAP KEY:
9 -2- 082:002.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -28, Article 8, Chapter 25 (Zoning Code) of the Hawaii
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 Kahuku, Ka`u, Hawaii,
shall be Industrial- Commercial Mixed — 3 acres (MCX -3a):
Beginning at the Northeasterly corner of this parcel of land, being also the
Southeasterly corner of Lot 21 -B -1 of this subdivision and being a point on the Westerly
side of Hawaii Boulevard, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU O KAMAOA" being 2,932.66 feet
North and 7,267.55 feet West and running by azimuths measured clockwise from True
South:
19' 34' 52" 222.90 feet along the Westerly side of Hawaii
Boulevard to a point;
Thence, following along the Westerly side of Hawaii Boulevard on a curve to the
right with a radius of 20.00 feet, the chord
azimuth and distance being:
2. 64' 34' 52" 28.28 feet to a point;
3. 109° 34' 52"
655.00
feet along the Northerly side of Hawaii Belt
Road to a point;
Thence, following along the Northerly side of Hawaii Belt Road on a curve to the
right with a radius of 11,960.00 feet, the
chord azimuth and distance being:
4. 109' 36' 02"
8.12
feet to a point;
Thence, for the next six
(6) courses
following along the remainder of Grant 2791
to C. C. Harris:
5. 199' 35'
117.89
feet along Lot 13 of Block 67 of Hawaiian
Ocean View Estates (File Plan 738) to a
point;
6. 251' 01' 30"
303.00
feet along Lot 17 of Block 67 of Hawaiian
Ocean View Estates (File Plan 738) to a
point;
7. 341' 01' 30"
140.00
feet along Lot 21 -A of Block 67 of Hawaiian
Ocean View Estates to a point;
8. 312' 41' 30"
50.00
feet along Lot 21 -B -1 of this subdivision to
a point;
9. 294° 00'
179.21
feet along Lot 21 -B -1 of this subdivision and
along the remainders of Lots 21 -B and 21 -C
to a point;
10. 259' 05'
155.79
feet along Lot 21 -B -1 of this subdivision and
along the remainder of Lot 21 -C to the point
of beginning and containing an area of 3.183
Acres.
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, Hawaii 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
-2-
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public. service demands created by the
proposed use.
A. The applicant, its successors or assigns, shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant shall develop sufficient water storage to meet the requirements of
the Department of Health and the Fire Department for sanitation and firefighting
purposes for the proposed development. The water storage facility shall be
completed prior to Certificate of Occupancy and kept filled with enough water to
meet the applicable Department of Health and Fire Department requirements.
C. Construction of the proposed development shall be completed within five (5)
years from the effective date this ordinance. Prior to construction, the applicant,
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), Hawaii County Code.
D. A Traffic Impact Analysis Report (TIAR) shall be required if any additional uses
are proposed other than the mini storage facility consisting of three (3) structures
totaling approximately 7,800 square feet in size. The applicant will submit the
TIAR for review and approval by the DOT. The applicant shall construct any
improvements as recommended by the DOT review of the TIAR. The TIAR may
be waived if the DOT determines that the additional uses do not warrant a TZAR.
-3-
E. Access to the subject property shall be restricted to Hawaii Boulevard. Direct
access to and from the Hawaii Belt Highway to the subject property shall be
prohibited.
F. The applicant shall construct all recommended improvements to the Hawaii Belt
Highway at the intersection of Hawaii Boulevard if required by the State
Department of Transportation prior to the issuance of a Certificate of Occupancy
for any portion of the proposed development.
G. 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 by a
licensed civil engineer and submitted to the Department of Public Works prior to
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to receipt of a Certificate of Occupancy.
H. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Final Plan Approval.
I. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
Historic Preservation Division (DLNR -SHPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR -SHPD when it finds that sufficient mitigative measures have been taken.
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, Hawaii 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 final plan approval for any new residential
structures.
K. 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 of the Unified Impact Fees
Ordinance.
L. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
M. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and to what extent the conditions of
approval are being complied with. 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.
N. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its 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.
-5-
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(s) should require an additional extension of time, the
Planning Director shall submit the applicant's request to the Planning
Commission and County Council for appropriate action.
O. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning 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.
Hilo . Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading
Effective Date:
January 20, 2011
January 20, 2011
February 2, 2011
February 23, 2011
REFERENT Comm. 26 -6-
�o
N
r O G a
A- a N N
p
N
� O�
D
� C
A -la
N
A- a o
G N
2,932.66 N
7267.55 W
"F'U'U 0 KAMAVA" 8 J�
S KP V�
A la
A- Mq
e
LOT 21-C -1
AGRICULTURAL -1 ACRE (A -1a)
TO INDUSTRIAL - COMMERCIAL
MIXED - 3 ACRES (MCX -3a)
A- a 3.1828 ACRES
�o
m�
0
J�
V�
a Q ?
6p� Q
C
,q Fq O q
Feet
0 500 1,000 1,500 2,000 2,500 3,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -28 (KA`U DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - ONE ACRE (A -1 a) TO
INDUSTRIAL - COMMERCIAL MIXED -THREE ACRES (MCX -3a)
AT KAHUKU, KA`U, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: 9 -2 -82:02 DATE: July 31, 2009
EXHIBIT "A.. (Pua MaUKa Dev.
Map: 1274)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Date Introduced
First Reading:
Published:
REMARKS:
Pete Hoffmann
January 20, 2011
January 20, 2011
N/A
Second Reading: February 2, 2011
To Mayor:
February
11, 2011
Returned:
February
23, 2011
Effective:
February
23, 2011
Published:
March 4,
2011
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
X
Ikeda
X
Onishi
X
X
Pilago
X
Smart
X
Yagong
X
X
Yoshimoto
X
7
0
2
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Co ty Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHATIRPS N
DEPU CORPORATION C (OUNSEL
COUNTY OF HAWAII
Date FEB 15 ? r1/
Approved/Dis proved this 13 4 day
o , roved
�l 20 � k
LINTY CLERK
Bill No.:
Reference:
Ord No.:
5
C- 26/PC -5
:11. 11
MA YOR, COUNTY OF HA WAI 'I