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Home My WebLink AboutORD 2017-032 2016-2018 � •r -n ��11�//ii COUNTY OF HAWAII * Pt'k STATE OF HAWAII OF .,.,TE BILL22 NO. ORDINANCE NO. 17 32 (DRAFT 3) AN ORDINANCE AMENDING SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO INDUSTRIAL—COMMERCIAL MIXED-20,000 SQUARE FEET (MCX-20)AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-8-001:058. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-13, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waikoloa, South Kohala, Hawai`i, shall be Industrial-Commercial Mixed—20,000 square feet(MCX-20): . Beginning at a found "MAG" nail for the Southwest corner of this herein described parcel of land, being also a corner of Lot C, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 14,940.20 feet North and 25,570.74 feet West and thence running by azimuths measured clockwise from true South: Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, with the following six (6) courses: 1. 145° 19' 00" 271.64 feet along Lot C, to a found spike at the South Line of Hoohana Street; 2. 24T 04' 00" 0.25 feet along Hoohana Street to set '/2" iron rebar; -1- Thence along a curve to the left with a radius of 1,030.00 feet,the chord azimuth and distance being: 3. 241° 11' 30" 210.86 feet along Hoohana Street, to a found 1/2" iron pipe; 4. 235° 19' 00" 90.00 feet along Hoohana Street,to a found 1/2" iron pipe for the Northeast corner of this herein described parcel of land; 5. 325° 19' 00" 250.00 feet along Lot A, to a found "MAG" nail for the Southeast corner of this herein described parcel of land; 6. 55° 19' 00" 300.00 feet along Lot 31 and Lot C, to the point of beginning and containing an area of 1.756 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 (2016 Edition, as amended),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) 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. -2- A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of Phase One of the proposed development, as substantially represented by the applicant, or as permitted by the zoning district classification, shall be completed within five (5)years from the effective date of 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), Hawai`i County Code. Plans shall identify all existing and proposed structure(s),paved driveway access and parking stalls associated with the proposed development, with the appropriate yard setbacks, and the 15-foot archaeological site buffer as required by Condition J. Landscaping shall 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) and Chapter 25 (Zoning Code), Hawai`i County Code. C. The applicant shall submit maximum daily water usage calculations as recommended by a professional engineer licensed in the State of Hawai`i, including total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute. Based upon the calculations, if required, the applicant shall install an appropriate sized meter, and remit the prevailing facilities charge to the Department of Water Supply. D. Should the applicant require additional water, they will need to obtain an allocation of units from Tokyu Corporation, subject to the written consent of the Hawaii County Water Board. -3- E. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. F. Prior to occupancy,the applicant shall provide pavement widening along the project frontage to a total of 18 feet from the existing centerline meeting with the approval of the Department of Public Works. Existing drainage and utilities may be maintained. G. Should the applicant; successors or assigns develop a land use, which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement any transportation system improvements that may be deemed necessary by 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 by a licensed civil engineer and submitted to the Department of Public Works prior to Final Plan Approval. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. The applicant shall be responsible for the maintenance of the chain-link fence that serves to delineate a 15-foot buffer for the archaeological preserve as it occurs on the south-west corner of the subject property as required by Use Permit No. 72. -4- Should the applicant wish to implement a different form of mitigation for the archaeological preserve written approval from the State Historic Preservation Division and concurrence from the Planning Director will be required prior to implementation. K. 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— State 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 mitigation measures have been taken. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. 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. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. -5- • 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 Planning Commission and 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 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ,zzie"Litmti .1_, COUNCIL MEMBER, aNTY OF HAWAII Kona , Hawaii Date of Introduction: April 19, 2017 Date of 1st Reading: April 19, 2017 Date of 2nd Reading: May 3, 2017 Effective Date: May 15, 2017 REFERENCE Comm. 1 R 1 _5 -6- RM-4 A-5a OPEN RM-3 (•;\ \A A-Sa •• 14,940.20"N —25,570.74'W HINAr AGRICULTURAL-FIVE ACRES(A-5a)TO INDUSTRIAL-COMMERCIAL MIXED 20,000 SQUARE FEET(MCX-20) 1.756 ACRES CV-10 zA . • OPEN -So vr0 A-5a CV-10 • • Feet • 0 500 1,00.0 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-13 (PUAKOANAEHOOMALU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A-5a)TO • INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCk20) AT WAIKOLOA, SOUTH KOHALA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT • TMK:(3)6-8-001058 DATE:December 1,2016 EXHIBIT "A" • • • RB2 Investors LLC Map: 1386 OFFICE OF THE COUNTY CLERK '' ' County of Hawaii COUNTY "HII Kona, Hawai`i (Draft 2) 2017 MAY 1 6 PH, 1': 30. Introduced By: Karen Eof f (B/R) ROLL CALL VOTE Date Introduced: April 19, 2017 = AYES NOES ABS 'EX First Reading: April 19, 2017 Chung X Published: Apri 1 2 9 2 017 P � David , X ,. Eoff X REMARKS. Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: May 3, 2017 9 0 0 0 To Mayor: May 11, 2017 Returned: May y 16, 2017 (Draft 3) ROLL CALL VOTE Effective: May 15, 2017 AYES NOES ABS EX Published: May 27, 2017 Chung X David X REMARKS: Eoff X Kanuha . X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. i_0) , , A,e'.,,.0 CO, IL CHAIRPERSON IS ..' pproved/ isapproved this day 01 ' / , of , 20 11 ,0 NTY CLERK /#1° . Co......... Bill No.: 22 (Draft 3) MAY01'„' 'OUNTYOF `I C-181 . 5/PC-10 Reference: Ord No.: 17 32