HomeMy WebLinkAboutCOM 0327.000 1998-2000 '•:ty William G. Davis
Mnnnging Director
Stephen K. Yamashiro '
Mayor j Henry Cho
• Deputy Managing Director
~IIixnfK II~ ~tT~1TtITi
75 Aupuni Street, Room 215 Hilo, Hawaii 96720h252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 755706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
May 21, 1999
Honorable James Y. Arakaki, Chairman
and Members of the County Council coo
County of Hawaii t7 3
25 Aupuni Street ~p -mac ~
Hilo, HI 96720 ~ ~ cNn ~I
Dear Chairman Arakaki and Members: O~ ~
=r 3 ~j
Change of Zone Application (REZ 99-007) ~ ~ ro ~
Applicant: Glen & Melitta Hodson D o
Request: A-Sa to FA-la ~
Tax Map Key: 7-7-7:29
State Land Use Boundary Amendment Application (SLU 99-003)
Request: Agricultural to Urban
Change of Zone Application (REZ 99-009)
Request: Agricultural (A-Sa) to Single Family Residential (RS-20)
Applicant: Peter C. Dungate
Tax Map Key: 7-3-05:89
Change of Zone Ord. No. 93-38, as amended by Ord. Nos. 96-3
? and 97-118 (REZ 744)
Applicant: McClean Honokohau Properties
Requests: ML-40a to ML-la, Reconfigure MG-Sa District,
and Amend Conditions B, C, E, J, K, L and P
Tax Man Kev: 7-4-08•Portions of 26 and 49
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Sincerely,
.Stephen K. Yama~hiro
Mayor
LA50799.MAY Comm. No.
Enclosures File No. Z N G ~ K
cc: Planning Department P G
~i 11 9 / Ref, To•
Ref, Date #IN 7 711SM1~
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Stephrn K. Yamashiro ~
Major
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PLANNING COMMISSION
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(808) %1-8288 Fu (808) %1•%IS
-MAY 2 1 1999
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ord. No. 93-38, as amended by Ord. Nos. 96-3 and 97-118 (REZ 744)
Applicant: McClean Honokohau Properties
Requests: ML-40A to ML-la, Reconfigure MG-Sa District,
and Amend Conditions B, C, E, J, K, L and P
Tax Key: 7-4-08:Portions of 26 and 49
The Planning Commission, after a duly held public hearing on May 7, 1999, voted to
recommend for your approval the proposed legislative bill to amend Change of Zone
Ordinance No. 93-38, as amended by Ordinance Nos. 96-3 and 97-118, by changing the
district classification from Limited Industrial (ML-40a) to Limited Industrial (ML-la),
reconfigure the General Industrial (MG-Sa) district classification, and amend Conditions B, C,
E, 7, K, L and P. Ordinance No. 93-38 reclassified lands from Open (O) to Limited Industrial
(ML-40a) and General Industrial (MG-Sa) for approximately 40 acres and 5.5 acres,
respectively. The property is located east of the Honokohau Small Boat Harbor,
approximately 1,000 feet mauka of the Queen Kaahumanu Highway, Honokohau 2nd, North
Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending a
favorable consideration of the request:
The purpose of this request is to amend the performance requirements of
Ordinance No. 93-38, as amended by Ordinance Nos. 96-3 and 97-118, to allow the
property to be developed in a manner that ensures the infrastructure impacts of the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
project are addressed in a way that is fair to both the County and the owner, as to the
reconfiguration and subdivision of these industrial zoned lands.
The applicant's letter of January 27, 1999 states that the revisions to the existing
zoning districts are being sought to allow the reconfiguration of the General Industrial
(MG-Sa) zoned district and We subdivision of the Limited Industrial and General
Industrial zoned districts into a total of thirteen (13) lots. Proposed changes include
amending the Limited Industrial zoned district to allow a minimum lot sizes of 1 acre
(ML-la). The MG-5a zoned district is proposed to be reconfigured to better conform
to the proposed roadway system.
On Apri127, 1993, the County Council approved Change of Zone Ordinance
No. 93-38 which rezoned 40 acres of the property to Limited Industrial (ML-40a) and
5.5 acres to General Industrial (MG-Sa). The existing ML-40a zoned district was
granted to limit subdivision of the industrial area into individual lots because of lack of
water. Since that time, the Department of Water Supply (DWS) has determined that
there is sufficient water currently available to allow the subdivision of the 45.5 acre
industrial area into a total of thirteen (13) lots. Accordingly, the purpose of this request
is to amend the district classification to allow the subdivision of the entire 45.5 acre
subject area into a total of thirteen (13) industrial lots. According to the Department of
Water Supply, the applicant currently has a total of 63 units of water for a total of
37,800 gallons per day at 600 gallons per day for each unit. Therefore, the applicant
has enough units of water for the proposed 13-lot industrial subdivision.
The Keahole to Kailua Development Plan (K to K Plan) designates the area for
Limited Industrial and Urban Expansion. The Plan was adopted as a guide to be
utilized in the development of infrastructure and land uses in the region. The requested
Limited Industrial (ML-la) zoned district is consistent with the K to K Plan.
The request is also consistent with the following goals and policies of the
Economic Element of the General Plan:
ECO)`IOMIC
* Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
* The County of Hawaii shall strive for diversity and stability in its economic
system.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
* The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with the
County's natural and social environment.
* The County of Hawaii shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
The proposed request would also be consistent with the goals and policies of the
Land Use Element of the General Plan. Land use is one of the principal focal points of
public concern and policy. The Land Use Element provides the primary basis for
direct control and guidance of publicly and privately owned resources. It is also
intended to be used as a policy guide fot the coordinated growth and development of all
sectors of the County, It sets forth goals, policies, standards and courses of action to
accommodate growth without congestion, to designate and preserve the lands needed
for residential use, commercial and visitor services, industry, agriculture and open
space, and to coordinate these uses with the County's service and circulation systems.
The overall Land Use goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. These state the
following:
LANIZ.USE
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
* Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
* Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
* Zoning request shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access and
public need.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
The proposed request would also complement the following goals and policies
of the Industrial Element:
. * Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural and physical environments of the County.
* It shall be the policy of the County to achieve a broader diversification of local
industries by providing opportunities for new industries and strengthening
existing industries.
* Through its zoning powers, the County shall locate industrial areas convenient
to transportation facilities, and provide a variety of industrial zoned districts and
lot sizes, depending on the needs of the industries and the communities.
* Industrial development shall be located in areas adequately served by
transportation, utilities and other amenities. Redeveloping or newly developing
areas shall be developed in concert with programmed public and privately
funded infrastructure to meet the expected needs.
* Topography of industrial land shall be reasonably level.
* Industrial development shall be conveniently located to its labor resource.
* Buffer zones shall be established between industrial and adjacent non compatible
uses of land.
* The County shall identify sites suitable for future industrial activities.
There is a continuing demand and need for additional industrial zoned lands to
accommodate present and future industrial activities in the Kona azea. The project's
location close to Honokohau Boat Harbor, Keahole Airport and Kailua provides a
convenience to indirect hazbor and airport services, as boat sales, repairs and storage.
The proposed request would complement the land use pattern started in 1990, when the
County Council approved the change in district classification of the adjacent 9-acre
parcel from Open (O) to a Limited Industrial zoned district. It should be further noted
that the Limited Industrial zoned district for the Kaloko Light Industrial Subdivision,
located further north of the subject property, was approved in October, 1983.
Accordingly, amendments to Conditions B, C, E, J, K, L and P aze also
requested. These amendments will bring the conditions of the ordinance in line with
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
current practices related to ensuring that infrastructure is provided commensurate with
the impacts being generated by the project and to allow the project to be addressed in a
way that is fair to both the County and the owner.
For your favorable consideration, an amendment to Section 25-8-3 (North Kona Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, and Conditions B, C, E, J,
K, L and P of Ordinance No. 93-38, as amended by Ordinance No. 96-3 and 97-118 is
transmitted.
We are enclosing a copy of the request and a copy of the staff background for your
information.
Sincerely, ~ ,~i ~ 2
Leonard S. Tanaka, Chairman
Planning Commission
LMcCIe02.PC
Enclosures
cc: Mr. Robert S. McClean
Mr. William Moore
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
BMcc1e01.emm-04126~99
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKCROtTI_VD REPORT
MCCLEAN HONOKOHAU PROPERTIES, L.P.
AMENDMENT TO DISTRICT ZONING CLASSIFICATION AND TO
CONDITIONS B, C, E, J, K, L, AND P OF CHANGE OF ZONE
ORDIN NCF NO 93-38 AS MENDED BYO IN NCF NO 96-~ AND 97 118
McClean Honokohau Properties, L.P. has submitted a request to amend Change of
Zone Ordinance No. 93-38, as amended by Ordinance Nos. 96-3 and 97-118, by-changing the
district classification from Limited Industrial (MI,-40a) to Limited Industrial (ML-la),
reconfigure the General Industrial (MG-Sa) district classification, and amendments to
Conditions B, C, E, J, K, L and P. Ordinance No. 93-38 reclassified lands from Open (O) to
Limited Industrial (ML-40a) and General Industrial (MG-Sa) for approximately 40 acres and
5.5 acres, respectively. The property is located east of the Honokohau Small Boat Hazbor,
approximately 1,000 feet mauka of the Queen Kaahumanu Highway, Honokohau 2nd, North
Kona, Hawaii, TMK: 7-4-08: Portions of 26 8c 49.
Ai, INFO NATION
1. Land Ownership: Robert 5. McClean, Trustee of the Robert S. McClean Trust, is the
sole owner of the subject property.
CHRONOLOGY
2. April 11, 1991 -The State Land Use Commission reclassified the subject property
from the State Land Use Conservation District to the Urban District. TMK: 7-4-08:26
consists of 45.5 acres (Increment I) and TMK: 7-4-08:49 (Increment II) consists of
44.12 acres, for a total proposed development containing 89.62 acres. The Land Use
Commission approved the incremental development with the provision that
reclassification from Conservation and Agricultural Districts to Urban District would
be granted upon prima facie showing that substantial on-site and off-site improvements
within Increment I have been completed within five yeazs from the date of the April 11,
1991 Decision and Order.
C ~ 317 ~~i II 9/~
3. March 27, 1992 -Request for Change of Zone for approximately 40 acres from Open
(O) to Limited Industrial (ML-40a) and approximately 5.5 acres to General Industrial
(MG-Sa). This request for change of zone did not address the entire pazcel. The
12.294 acres were left in County Unplanned zoned district.
4. April 27, 1993 -Change of Zone Ordinance No. 93-38 was approved by the County
Council which rezoned 40 acres of the property to Limited Industrial (ML-40a) and
5.5 acres to General Industrial (MG-Sa). (See Exhibit A)
5. March 13, 1995 -Request to amend Condition J (construction of a 60-foot wide
dedicable road) of Ordinance No. 93-38 was filed with the Planning Commission.
6. Apri15, 1995 -Applicant filed a Motion for Amendment to Findings of Fact,
Conclusions of Law, and Decision and Order with the State Land Use Commission
requesting that the 12.294 acres, which is subject to Incremental Districting, be
released from the Decision and Order.
7. Apri17, 1995 -The Planning Duector granted time extension of Ordinance No. 93-38
for Condition B (secure final plan approval of industrial uses within the ML zoned
lands), and Condition P (complete construction of the concrete batching plant and
commence operations), until Apri127, 1997.
8. August 22, 1995 -Order granting Motion for Amendment to Findings of Fact,
Conclusions of Law, and Decision and Order was filed which released approximately
12.294 acres from the Decision and Order.
9. January 12, 1996 -Ordinance No. 96-3 was approved• by the County Council,
amending Condition J (construction of a 60-foot dedicable road). (See Exhibit B)
10. February 14, 1996 -Request for a State Land Use Boundary Amendment to reclassify
approximately 12.294 acres of land from Agricultural to Urban District was filed with
the Planning Department.
11. May 19, 1996 -The Land Use Commission entered Order Granting Motion for
extension of time to substantially complete Increment I and to apply for redistricting of
Increment II to April 16, 1999.
-2-
12. July 26, 1996 - Ordinance No. 96-85 was approved by the County Council which
amended the State Land Use Boundary by changing the district classification from
Agricultural to Urban District.
13. March 3, 1997 -Request to amend Condition P (complete construction and in
operation of a ready-mix concrete batching plant) of Ordinance No. 93-38, as amended
by Ordinance No. 96-3, was filed with the Planning Commission.
14. September 12, 1997 -Ordinance No. 91-118 was approved by the County Council
which amended Condition P (complete wnstruction of a ready-mix wncrete batching
plant). Condition P was amended to require the commencement of opera~on of the
ready-mix concrete batching plant within five yeazs of the effective date of the
amendment. (See Exhibit C)
15. Conditions B, C, E, J, K, L and P of Ordinance No. 97-118 state the following:
"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 shall indicate proposed structures, landscaping, the buffer
and landscaping azea approved by Housing Finance Development Corporation,
pazlcing 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 yeazs thereafter.
"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 prior to submittal of plans for plan approval review.
"J. A 60.foot wide dedicable road shall be constructed to commercial standazds
within the project site to the south property line prior to the issuance of a
certificate of occupancy for any portion of the proposed development. This
-3-
road shall be constructed to connect to future Road "G" connection to
Kealakehe Pazkway 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
Depaztment of Transportation. A letter of compliance with this condition shall
be submitted prior to issuance of a certificate of occupancy for any portion of
this development.
"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 a
certificate of occupancy for any portion of the development indicating that
participation with the air quality monitoring program has been executed.
"P. The applicants, its successors, or assigns of the development on the above
described Pazce12, 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 m;nimi~e any environmental conditions
which include, but aze not limited to odor, dust, noise, and nuisances caused by
the operation of a ready-mix wncrete batching plant. It is the county's intent
that the use of Pazce12 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 yeazs 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 Duector may initiate
rezoning of its original or more appropriate designation."
APPLICANT'S RFAUEST
16. Request: In a letter dated January 27, 1999, the applicant has requested an amendment
-4-
to the District Zoning Classification from ML-40 to ML-la and amendments to
Conditions B, C, E, J, K, L and P of Change of Zone Ordinance No. 93-38, as
amended by Ordinance No. 96-3 and 97-118. (See Exhibit D -January 27, 1999
Letter)
17. Objectives:
"1. Amendment to Existing Zoning District.
"Revisions to the existing zoning districts are being sought to allow the reconfiguration
of the General Industrial (MG-Sa) zoned district and the subdivision of the Light
Industrial and General Industrial zoned districts into a total of thirteen (1~~ lots.
Proposed changes include amending the Light Industrial zoned district to allow a
minimum lots size of 1 acre (ML-la). The MG-Sa zoned district is proposed to be
reconfigured to better conform to the proposed roadway system.
"The existing ML-40a zoned district was granted to limit subdivision of the industrial
azea into individual lots because of the lack of water. Since that time, the Department
of Water Supply (DWS) has determined that there is sufficient water currently available
to allow the subdivision of the 45.5 acre industrial azea into a total of thirteen (13) lots.
"Accordingly, the purpose of this request is to amend the zoning to allow the
subdivision of the 45.5 acre subject azea into a total of thirteen (13) industrial lots, in
accordance with the water availability as determined by DWS. Further subdivision of
the subject area will be conditioned upon installation of the sixteen- and twenty-inch
waterlines along Palani Road.
"2. Proposed Amendments to Conditions of Approval.
"In addition to the adjustments to the zoning designations, certain amendments aze
being requested to conditions of approval of Ordinance No. 97-118. The purpose of
the amendments aze to provide for the subdivision of the property in accordance with
the requested ML-la zoned district and to allow the property to be developed in a
manner that ensures the infrastructure impacts of the project aze addressed in a way
that is fair to both the County and the Owner."
-5-
STATE AND COUNTY PLANS
18. SLU: Urban.
19. General Plan LUPAG MAP: Urban Expansion Area. This category allows for a mix
of high density, medium density, low density, industrial and /or open designations in
azeas where new settlements may be desirable, but where the specific settlement pattern
and mix of uses have not yet been determined.
20. Keahole to Kailua Development Plan (K to K Plan): This Plan designates the azea
for Limited Industrial and Urban Expansion. The Plan was adopted as a guide to be
utilized in the development of infrastructure and land uses in the region.
21. County Zoning: Limited Industrial (ML-40a) and General Industrial (MG-Sa).
22. SMA: The subject property is not situated within the Special Management Area
boundary.
PUBLIC FACILITIES AND UTLITIES
23. Access: Existing roadway access to the property from Queen Ka'ahumanu Highway is
via a 60-foot wide roadway with a 2-lane 24-foot wide pavement. Queen Ka'ahumanu
Highway is a 2-lane arterial State highway with a 300-foot wide right-of--way in this
azea. The applicant intends to relocate the access via anorth-south roadway (Road G)
which intersect with Kealakehe Pazkway. (See Exhibit E -Roadway Network)
24. Water: Water would be made available from an existing 12-inch waterline along
"Boat Pazk Road" (Easement A for roadway and utility purposes). According to the
Department of Water Supply, the applicant currently has a total of 63 units of water for
a total of 37,800 gallons per day at 600 gallons per day for each unit. Therefore, the
applicant has enough units of water for the proposed 13-lot industrial subdivision.
25. Wastewater: The applicant is required by Ordinance No. 93-38, as amended by
Ordinance Nos. 96-3 and 97-118, to install sewer lines and hookup to the Kealakehe
Sewage Treatment Plant.
26. Utilities: Electrical and telephone services aze or will be made available to the
property.
-6-
AGENCIES' COMMENTS
27. Department of Public Works (February 25, 1999 Memo):
"We have reviewed the subject request and have no wmments."
28. Police Department (March 9, 1999 Memo):
"We have reviewed the application for a Change of Zone ordinance requested to
subdivide the described property.
"The access road to this project is expected to connect directly to the Queen
Kaahumanu Highway. We believe this access road will have an impact on the traffic
flow on Queen Kaahumanu Highway and request turning lanes be considered at this
intersection."
Applicant's Response (Apri115, 1999 Letter):
"Phis is to acknowledge receipt of a copy of the memorandum dated Mazch 9, 1999
from the Police Depaztment, regazding the proposed amendments to Change of Zone
Ordinance No. 93-38, as amended by Ord. Nos. 96-3 and 97-118 (REZ 744),
Honokohau 2nd, North Kona, Hawaii Island.
"The main access to the project azea will be through an easement which will intersect
with Queen Kaahumanu Highway to the north of Kealakehe Pazkway. This intersection
is already improved with turning lanes."
29. Real Property Tax Division (February 19, 1999 Memo):
"There are no comments at this time.
"Current Real Property taxes aze paid through December 31, 1998."
30. State Department of Health (February 22, 1999 Memo):
'Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm
run-offs from the proposed development need to address the requirements of Chapter
23, Hawaii State Department of Health Administrative Rules, Title 11, 'Underground
Injection Control."
Applicant's Response (Apri115, 1999 Letter):
'Thank you for your comments re the above matter to the Planning Duector, County of
Hawau dated February 22, 1999.
"In developing our 'Honokohau Industrial Pazk', we will comply fully with the
requirements of Chapter 23, Hawaii State Department of Health Administrative 3
Rules, Title 11."
31. State Department of Transportation-Hawaii District (March 16, 1999 Memo):
"Traffic Impact Analysis Report covering development of whole pazcels.
"Shall participate in their prorata shaze of future highway impacts and improvements.
"Need to have TIAR for development plans for all lots 1-14 & 70 unit s.f. residential.
"Show Main Street & Mid-level arterial on REZ 744 plans.
"Coordinate w/adjacent landowners (DHHL) to ensure that Road "6'", Main Street &
Mid-level arterial will be constructed & hook up w/developer's planned portions."
Applicant's Response: (See Exhibit E -April 15, 1999 Letter)
32. Department of Water Supply: (See Exhibit F -March 17, 1999 Memo and
Applicant's Response -April 15, 1999 Letter)
33. Fire Department: (See Exhibit G -March 1, 1999 Memo and Applicant's
Response -April 1, 1999 Letter)
34. State Department of Transportation-Honohulu: (See Exhibit H - April 22, 1999
Letter)
AGENCIES- NO RESPONSE
35. Civil Defense
PUBLIC COMMENTS
36. The Department has not received any objections from the general public or adjacent
landowners on the subject request. -
-g-
COUNTY OF HAWAII STATE OF HAWAII
BILL NO, e
(Draft
ORDINANCE NO. 93 38
AN ORDINANCE AMENDING SECTION 25-87 (NORTH BONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO
LIMITED INDUSTRIAL (ML-40a) AND GENERAL INDUSTRIAL (MG-5a) AT
HONOROHAU 2ND, NORTH BONA, HAWAII, COVERED BY TAX MAP
REY 7-4-08:PORTIONS OF 26 AND 49.
HE IT ORDAINED HY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
4
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 Rona, Hawaii, shall be
Limited Industrial (ML-40a):
PARCEL l:
Beginning at an angle point on the.Northerly boundary of
this parcel of land, being also the Northwesterly corner
of the Proposed Change of Zone from "O" to "MG" and being
a point on the Southerly boundary of Land Commission Award
11,216, Apana 36 to M. Rekauonohi, the coordinates of said
point of beginning referred to The Hawaii State Plane
Coordiaate System, Zone 1 being 307,363.43 feet North and
323,586.32 feet East and running by azimuths measured
clockwise from True South:
Thence, for the nezt five (5) courses following along
the remainder of Parcel VII of the Honokohau
Partition and Royal Patent 6855, Land Commission
Award 9971, Apana 9 to W. P. Leleiohoku:
EXHIBIT
1~
1. 398° 15' 10" 600.00 feet along the remainders
of Lots 7-A and 7-B to a
point;
2. 258° 15' 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 7-8 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" 437.23 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' 53" 1,438.58 feet along Government Land
(State pf Hawaii) to a
point;
10. 148• 10' 935.44 feet along Parcels IX and
VIII of the Honokohau
Partition and along the
remainder of Royal
Patent 6855, Land
Commission Award 9971,
Apana 9 to W. P.
Leleiohoku to a point;
11. 258° 15' 10" 1,487.49 feet along Land Commission
Award 11216, Apana 36 to
M. Kekauonohi to the point
of beginning and
containing an area of
40.001 Acres. (Refer to
Parcel 1 as shown on
Ezhibit "A".)
-2-
The district classification of the following area
situated at Honokohau 2nd, North Kona, Hawaii, shall be
General Industrial (MG-5a):
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 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 running
by azimuths measured clockwise from True South:
1. 258° 15' 10" 424.42 feet along Land Commission
Award 11,216, Apana 36 to
M. Rekauonohi to a point;
Thence, for the nest five (5) courses following along
the remainders of Parcel VII of the Honokohau
Partition and Royal Patent 6855, Land Commission
Award 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 7-8 to a
point;
4. 349° 56' 60.90 feet along the remainder
of•LOt 7-H 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-H and 7-A to the
point of beginning and
containing an area of
5.500 Acres. (Refer to
Parcel 2 as shown on
Ezhibit "A".)
!r
-3-
1~
All as shown on the. map attached hereto, marked
Ezhibit "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 comply with all of the stated
conditions of approval; (H) final plan approval for the project
and related improvements shall be secured from the Planning
Department withia 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 (2oninq Code),
plans shall be submitted a minimum of forty-five (45) days
prior to the date for which plan approval must be secured.
Plans shall indicate proposed structures, landscaping, the
buffer and landscaping area approved by Housing Finance
Develovment Cg~voration, parking and interior traffic
circulation; (C) constructioh shall commence within eighteen
l18) 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 Raahumanu 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 improvements
along the zoned area's western, northern and southern
boundaries, interior landscaping, and provisions for
maintenance. Identified priority landscaped areas shall be
-4-
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
Realakehe lands shall be submitted to and approved by the
Housing Finance and Development Corporation 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
within the project site and on state lands connecting to the
Realakehe'Parkwap prior to the issuance of a certificate of
occupancy for any portion of the proposed development. The
y
-5-
i
64-foot wide road and its connection to Kealakehe Parkway shall
meet with the approval of the Department of Public Works and
the Department of Transportation; (K) as required by the State
Land Use Commission's Decision and Order, the applicant shall
participate is 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 a certificate of occupancy for any portion of this
development; (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 a certificate of
occupancy for any portion of the development indicating that
participation with the air quality monitoring program has been
ezecuted; (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 finds 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; (O) should the
Cosncil adopt a Unified Impact Fees Ordinance setting forth
-6-
criteria for the imposition of ezactions or the assessment of
impact fees, conditions included herein [may]shall b cr di d
towards[, at the developer's election, be satisfied by
performance in accordance with] the requirements of the Unified
Impact Fees Ordinanee;_(P) The avviicant~ i , Pccnrc gr
assigns of the development on the abov d crr;fiwA par t 2
designated in the MG-5 zoned district halt fie regnir to
take aDDiODr18 moaevre as reguir d by h atatP ran to
Commission's Decision and Order to contrast and m;n;,n;~e
easy
environmental conditions which include b, a past t;m;tpA to
odor, dust. noise and nuisances caul'-d h on ration of a
ready-miz concr-tp fie,trtfi;nn ntant_ T i h Co,ntv'Q in nt
that the use Of Par~Pt 2 cfiott ha t;,,,;to,t to th con , ion
and overation of a ready-miz concret fiwtcfi;nn nlsnt and i ~
subordinat a cnrv ue in the ev n ha ither (1) th
>`eadv-miz GOtlCrptp fiatrfiinn ntant is past OnetrnrtoA and In
overation within two veers of the off _t;ve d~+-o of thi bill
or (2) the ready-miz on to ba hing n ant t rminatec itc
overations or fail to comely with env vrovi ion as reg,ired by
the State Land Use Commiss+gn's Decision and o per and he
Conditions of Avvrgva7. the Planning Dirontnr shall ini ~a p
rezoning to its original or more anvrovri~te designs ion•
~IP]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
4
-7-
1~
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; and, (I41$) an eztension of
time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the fol]owinq
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 eztension would not be contrary to the general plan or
zoning code; 3) granting of the time eztension would not be
contrary to the original reasons for the granting of the Change
of Zone; 4) the time eztension granted shall be for a period
not to ezceed the period originally granted for performance
(i.e., a condition to be performed within one year may be
eztended for up to one additional year); and 5) if the
applicant should require an additional eztension 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
timelp 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 the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
-8-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED HY:
COUNC L MEMBER, OUNTY O .HAWAII
Hilo, Hawaii
Date of Introduction: April 7, 1993
Date of 1st Readinq: April 7, 1993
Date of 2nd Readinq: April 21, 1993
Effective Date: April Z7, 1993
APPROVED AS TO FORM AND LEGALITY:
DEPUTY COR TION COUNSEL
APR 2 6 1993
F
-9-
i
NpRT ~u) , ~ ~
i ~ M -_~i
N
• 10001 ~ I ~ i~ O r i N le~
's
` ~
N *
~ ~
v
i
a t•~ r a (e)
' /
PARCt•L Z
O}lfsNf (O) TO fSCNf•}!AL
1NaLt~T'flfAL (M~->t>Iq
ARIIA a 6.000 /1C?ILeO PA?1!C•SL f
a~il~s.i ~ OPQN (O) TO Lffv11TCD
"''~"^"'^"'eTMT! 1NfDLCTRIAL ML-40q
f•L1~Ni eeeReffV/R!
er~rlM, ZeN! t'
A1<fGA = eFO.00f ACRt:~
e r ! r
e r ! N (O) '
11 V
I'
I' A
11 1
l~
~ ~ Tfi4Afyt.JMANfl
f-ftQliYV.1Y
e r ~ N (e)
~ KOrp.,L.A
fCC'ALAK6N~
PweKwr?Y
e rrN. le)
e f ! N l~
ftie.Yercei-IAu
SI.LALL seAT
MAReOR
AMENDMENT TO THE ZONING CODE
AMENDING st=GTtON ~5-87 (NORTH f'CONA 20Nt= MAPS
ARTICLE 3, CHAPTER 23 (ZONIN@ C'ODL) OF THE
HAWAII CouNT>' Boas= ay CHAN61N14 THE atsTRtcT
CLASSIFICATION FROM OPEN (O) TO LIMITED tNntla3-
TR1AL (ML- 400) AND QGNIIRAI- INDt1STRlAL (1~'IG- Sq~
AT HolvorcoHAe1 ~Na, NORTH ICONAI HAt'~tAft.
PRBpARI=a 8Y = PLANNIh10 OCPAR't'Mt=1YT
COUNTY OF liAWAlf
'-1r1 f[ = 7-4-00 = rellTloNS o~ Z6 ArtD 49 9c'I°T. t3, !A°~~
~~~p
^y,p 1~ gAll ~ (MCCt-BAN f-fe :OMAN }~R OPL-TI'fOd~
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 174
ORDINANCE NO. 96 3
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
ORDINANCE 93-38, WHICH RECLASSIFIED LANDS FROM OPEN (O) TO LIMITED
INDUSTRIAL (ML-40a) AND GENERAL INDUSTRIAL (MG-Sa) AT HONDKOHAU
2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-08:PORTIONS OF
26 AND 49.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 93-38 is amended as follows:
"Section 2. These changes in district classification are conditioned upon the following:
A. The applicant, its successors or assigns shall comply with all of the stated
conditions of approval.
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 shall indicate proposed structures, landscaping, the buffer
and landscaping area approved by Housing Finance Development Corporation,
parking and interior traffic circulation.
C. Construction shall commence within eighteen (18) months from the date of
receipt of Final Plan A~p=oH i an6
i .bre completed within two years thereafter.
n^ r
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
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 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
-2-
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
within the project site [and on state lands connecting to the Kealakehe Parkway]
to the south property line prior to the issuance of a certificate of occupancy for
any portion of the proposed development. [The 60-foot wide road and its] This
road shall be constructed to connect to future Road "G" connection to
Kealakehe Parkway i~ shall meet with the approval of the Department of
Public Works [and the Department of Transportation].
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 a certificate of occupancy for any portion of
this development.
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 a
certificate of occupancy for any portion of the development indicating that
participation with the air quality monitoring program has been executed.
M. Should any unidentified sites or remains such as artifacu, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walks be
-3-
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 fords 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 "
Pubiic Works, Health and Fire and Hawaii Electric Light ComparaY.
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 ace 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 two years of the effective date of this bill or (2) the
ready-mix concrete batching plant terminates its operations or fail to comply
1l-
with any provisions as required by the state Land Use Commission's Decision
and Order and the Conditions of Approval, the Planning Director shall initiate
rezotting to 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 unixl 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
tray be granted by the Plamting 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.
4. The time extension granted shall be for a period not to exceed the period
originally granted for perfotmance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
-5-
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 shat] 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 the 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:
~K
COUNCIL ME , COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: December 15, 1995
Date of 1st Reading: necenber 15, 1995
Date of 2nd Reading: January 3 , 1996
Effective Date: January 12, 1996
I;cFERcaC~; Comm. 820
APPROVED AS TO FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
DATED: ~~S/~~
-6-
OFFICE OF THE COUNTY CLERK
County of Hawai~ E ~ r t; n
• ~
xil0 `~"~N 12 PI7 1 53
U rc.-
LOUN-'~ ~:r .,'R~filALLVOTE
AYES NOES ABS EX
Introduced By: Takashi Daningo Arakaki X
Date Introduced: December 15. 1995 Bonk.Abramson X
FustReading: December 15, 1995 X
Published: N/A ~ t X
Domin X
REMARKS:
Osorio
Rath X
Ra X
Smith X
8 0 1 0
ROLL CALL VOTE
Second Reading: Januarv 3, 1996 AYES NOES ABS EX
To Mayor. Januarv 4, 1996 X
Returned: January 12, 1996
January 12, 1996 Bonk-Abramson X
Effective:
Published anuary Childs X
~ I,iara X
REMARKS: DO1n"' X
Osorio X
Rath X
Ra X
X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL roar adapted by the County Council and published as
indicated above.
~ COIIIVCIL CHAIRMAN
GG~~~~GCii~/
~COUNTYCLERK
Approved/ilrweDrelgrl this ~ 2' day
o
f J 19~_.
MAYO OIIIJlYOFI
~AI~ Bii1Na: 174
Refnenec C-820/1?C-90
Ord No.:
COUNTY OF-HAWti1I STATE OF HAWAII
^~1~ -
Gf'~ ` BILL NO. 108
(Draft 3)
„
~~`J~1 ORDINANCE NO. 97 1.18
AN ORDINANCE AMENDING ORDINANCE N0. 93-38, AS AMENDED BY ORDINANCE
N0. 96-3, WHICH RECLASSIFIED LANDS FROM OPEN (O) TO LIIvIITED INDUSTRIAL
(ML-40a) AND GENERAL INDUSTRIAL (MG-Sa) AT HONOKOHAU 2ND, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7~-O8:PORTIONS OF 26 AND 49.
BE TT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Ordinance No. 93-38, as amended by Ordinance No. 96-3, is amended
as follows:
"Section 2. These changes in district classification are conditioned upon the following:
A. The applicant, its successors or assigns shall comply with all of the stated
conditions of approval.
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 assttre 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 shall indicate proposed structures, landscaping, the buffer
and landscaping area approved by Housing Finance Development Corporation,
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.
EXHIBIT
~C~
D. A comprehensive landscaping buffer plan, including visual analysis from the
Queen Kaahumantt 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
improvements along the zoned area's western, northern a~ southern
boundaries, interior landscaping, and provisions for maintenaacx. Identified
priority landscaped areas shall be established prior to issua~e of a certificate of
occupattcy for atry portion of the development.
E. As required by the State Land Use Commission's Decision and Order, a plan
for a buffer and iu mainunance along the southern boundary with the
KeaLrkehe Lords shall be submitted to and approved by the Housing Finance and
Development Corporation prior to submittal of pLurs for pLm approval review.
F. In the design and review of any itnprovemerns, due consideration shall be given
to the minimization of noise and adverse visual impacts through appropriate
siting, height, bulk, color schemes, signage, and Lmdscaping.
G. Aa 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 improvemenu shall meet with the approval of the Department of
Health and/or the Department of Public Works, as appropriate.
-2-
J. A 60-foot wide dedicable road shall be constructed to commercial standards
within the project site to the south property line prior to the issuance of a
certificate of occupancy for any portion of the proposed development. 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 Decis'_un 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 a certificate of occupancy for any portion of
this development.
L. As required by the Stan Land Use Commission's Decision and Order, a letter
from the Department of Health shall be submitted prior to the issuance of a
certificate of occupancy for any portion of the development indicating that
participation with the air quality monitoring program has been executed.
M. Should a~ »~+~r*+~fied 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
as archaeological clearance from the Planning Departmem when it fords that
sufficient mitigative measures have been taken.
N. Comply with all applicable laws, rules, regulations and requirements, including
those of the Housing Finat?ce and Development Corporation, Departments of
Public Works, Health and Fire and Hawaii Electric Light Company.
-3-
O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criuria
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
descn'bed 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 m;nim;~~ any CIIVitOm~l Conditions
which include, but are not limited to odor, dust. noise. and m++~r~ caused by
the operation of a ready-mix concrete hatching plant. It is the county's inunt
that the use of Parcel 2 shall be limited to the constntction and operation of a
ready-mix concrete hatching plant and its subordinate accessory uses. In the
event that either (1) the heady-mix wncreu hatching plant is not constntcted and
in operation within [two] fiY~ years of the effective date of this [bill]
atnCndmeIIt or (2) the ready-mix concrete hatching plant urminaus its
operations or fail to comply with any provisions as requited by the Stau Land
Use Commission's Decision and Order and the Conditions of Approval, the
Planning Director [shall] IDSX initiau rezoning of its original or more
appropriau designation.
Q. An annual progress report shall be submitted to the Planning Director prior to
the anniversary dau of the effective dau of this Change of Zone. The report
shall address the status of the development and t_*~ 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 exunsion of time for the performance of conditions within the ordinance
may be granud by the Planning Director upon the following circumstances:
-4-
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 tithe extension would n^.: be contrary to the original
reasons for the granting of the Change of Zone.
4. The tithe extension granted shall be for a period not to exceed the period
originally granted for perfo*+*+an~- (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 tithe, the
Platuting Director shall submit the applicant's request to the County
Council for appropriate action. Further, should any of the conditions
not be tact or substantially complied with in a timely fashion, the
Director [shall] » 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 a~ portion of the ordinancx is declared invalid; such
invalidity shall not affect the other parts of this ordinance.
-5-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCID BY:
CIL ' ER, COUNTY OF WAII
Hilo, Hawaii
Date of Introduction: August 20, 1997
Date of 1st Reading: August 20, 1997
Date of 2nd Reading: September 3, 1997
Effective Date: September 12, 1997
APPROVED AS TO FORM AND LEGALITY:
?UTY CORPORATION COUNSEL
DATED: SEP 1 t 1997.
tCEEEitENC6 Comm. z~~ n~
-6-
ORS ~ ~ l~) _ , ~ '
~ i
t ,
y ^
PI r i
i
~ ~ I I
V i ~
i ~
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i '
~ ~
~ i ~ O r' f5 N (O)
I I
_ I ~
p/~1eC7=L Z
ePQf`t (e) Te d'LtvC!!AL
tlVat.t~TR1AL ~M~-~~
AREA a G-GOO ^C!lt~~ rAe~
s~ ~ OPQN (O) TO Lt1v11Tt_'D
-T"~ '~TMTe INt7lleTlllAL ML-~}On
~Ne 01080/l1/RTf
e77TeM. i~Ne 1'
AfISA = 40-00! AC1~GG
O r Q N (n
t
tt
Ij 1
e r t Iv (e) i; KAAt!atCt~tAt`ftt
e r ~ N (e)
~ - ea3ALAr~=ri a
PA!ltcW.`17'
e raw. ly
e r t N (y
MO}/OROMAU
M/~RfaeR
AMENDMENT TO THE ZONING CODE
AMLNDINO QOCTtOht O:S-B7 (tVORTt11 fICONA ZONB MAPS
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~tFFICE OF THE COUNTY CLERK
County of Hawaii c~+ r-
Hilo .Hawaii r'^
cni~rS3P 15 Rfl 10 lw
CC•-.'.'ROLL OTE
Introduced By: Bobby Jean Leithead-Todd ~ ~ ~ AYES NOES ABS EX
Date Introduced: August 20, 1997 Atakald X
FintReading: August 20, 1997 Chun X
Published: NIA Leithead-Todd 7{
~Y X
REMARKS: Reynolds X
Santangelo X
Smith X
la X
Y on g -
9 0 0 0
ROLL CALL VOTE
Second Reading: Septt3tlber 3, 1997
To Mayor: Septenber 9. 1997 AYES NOES ASS EX
Returned: Septenber 15, 1997 Atakaki X
Effective: St_ptt3nber 12, 1997 Chung X
Published: Staptenber 23, 1997 Leithead-Todd g
~Y X
REMARKS: ~Yaol~ X
Santangelo g
Smith X
.~la X
YagonB X
9 0 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AvAROYED AS TO
FORM AND LEGALITY:
CEPUTY CORPORATION COUNSEL
COUNTY Of HAWAII
Date SEP 1 1 1997,
.4pproved/De~epp+iaucd this /1 day OUNC/L CHAIRMAN
Of .i "1~ 19~.
COUNTY CLERK
M1f.4YOR, COU.YfI'`PF H.alt:t!/ Bill No.: 108 (DxBft 3 )
. f Rcfercnce: C-376/PC-74
' Ord. No.: 9~
V.,LLIAM L. MOORS PLANhu~fG
159 HALM STREET
HILO, HAWAII 96720
(808) 935-0311/Faz (808) 934-0162
r r.- ^
January 27, 1999 ~ - ' ~ ~ 7 ~ ~ ~ i 1 ~ ~ i
Virginia Goldstein, Director _ _ _ ; ~
County of Hawaii
Planning Department
25 Aupuni Street
Hilo, Hawaii 96720
Deaz Ms. Goldstein:
Subject: Amendment to Ordinance No. 93-38, as amended by Ord. No. 96;3 and 97-118
McClean Honokohau Properties
TMK: 7-4-8: 26 and 49
We are submitting this letter to request an amendment of certain conditions contained within
Ordinance No. 93-38 and to change the zoning district boundaries for the project area. The
primary purpose of this request is to allow the subdivision of the of the Industrial zoned lands
into a total of thirteen lots, plus two road lots and the remainder area.
The McClean Honokohau Properties (MHP) consists of a total of 89.527 acres. The property
is bounded on the north and east by vacant land in the Conservation and Agricultural Districts
owned by Lanihau Partners, on the south by the Housing and Community Development
Corporation of Hawaii's Villages of La`i`opua and on the west by industrial zoned lands,
including a Chevron Station. Access to the subject property is by means of an improved
easement which intersection Kaahumanu Highway approximately 850 north of the Kealakehe
Parkway-Queen Kaahumanu Highway Intersection, Honokohau god, North Kona, Hawaii
Island.
Background
1. On April 11, 1991, the State Land Use Commission (SLUG) reclassified an
approximately 45.5 acre portion of MHP subject to the certain conditions. The balance
of the 89.527 acre MHP area was Incrementally reclassified upon a prima facie
showing that the Petitioner has made substantial completion of the onsite and offsite
improvements within Increment I within five years from the date of the Order. A copy
of the SLUG Order is attached for your information.
2. On March 27, 1992, MHP requested a change of zone for approximately 40 acres from
Open to the Limited Industrial (ML) and approximately 5.5 acres to General Industrial
(MG) zoned districts
i~'K~Fi91~g1
Vtrginia Goldstein
January 27, 1999
Page No. 2
3. On April 27, 1993, Change of Zone Ordinance No. 93-48 was approved by the County
Council, which rezoned 40 acres of the property to Limited Industrial - 40 acres (MI,-
40a) and 5.5 acres to General Industrial (MG-Sa).
4. March 13, 1995, MHP filed application for an amendment to Condition J (construction
of a 60-foot wide dedicable road) of Ordinance No. 93-38.
5. January 12, 1998, Ordinance No. 96-3 was approved by the County Council, amending
Condition J of Ordinance No. 93-38.
6. May 19, 1996 the SLUC entered the Oder Granting Motion for extension of time to
substantially complete Increment I and to apply for redistricting of Increment II to
April 16, 1999.
7. Mazch 3, 1997, MHP filed an application for amendment to Condition P (required
operation of ready mix batching plant within MG zoned lands to be established within
two yeazs of effective date.) of Ordinance 96-3.
8. September 12, 1997, Ordinance No. 91-118 was approved by the County Council,
amending Condition P of Ordinance No. 96-3. Condition P was amended to require
the commencement of operation of the ready mix batching plant within five yeazs of the
effective date of the amendment.
Request
1. Amendment to Existing Zoning District.
Revisions to the existing zoning districts are being sought to allow the reconfiguration
of the General Industrial (MG-Sa) zoned district and the subdivision of the Light
Industrial and General Industrial zoned districts into a total of thirteen (13) lots.
Proposed changes include amending the Light Industrial zoned district to allow a
minimum lots size of 1 acre (MI,-la). The MG-Sa zoned district is proposed to be
reconfigured to better conform to the proposed roadway system.
The existing ML-40a zoned district was granted to limit subdivision of the industrial
area into individual lots because of the lack of water. Since that time, the Department
of Water Supply (DWS) has determined that there is sufficient water currently available
to allow the subdivision of the 45.5 acre industrial area into a total of thirteen (13) lots.
(See attached letter from the DWS dated June 8, 1997.)
Accordingly, the purpose of this request is to amend the zoning to allow the subdivision
of the 45.5 acre subject area into a total of thirteen (13) industrial lots, in accordance
Virginia Goldstein
January 27, 1999
Page No. 3
with the water availability as determined by the DWS. Further subdivision of the
subject area will be conditioned upon installation of the sixteen- and twenty-inch
waterlines along Palani Road.
2. Proposed Amendments to Conditions of Approval.
In addition to the adjustments to the zoning designations, certain amendments are being
requested to the conditions of approval of Ordinance No. 97-118. The purpose of the
amendments are to provide for the subdivision of the property in accordance with the
requested ML-la zoned district and to allow the property to be developed in a manner
that ensures the infrastructure impacts of the project are addressed in away that is fair
to both the County and the Owner.
The specific amendments to Ordinance No. 97-118, in a modified Ramseyer format (deletions
bracketed and stricken out, additions are underlined), together with the following:
o Filing Fee of $825 ($500 plus $25 per lot for 13 lots);
o Twenty (20) copies of this letter;
o Twenty (20) copies of the conceptual subdivision plan for the proposed thirteen
(13) lot subdivision;
o One (1) set of proposed metes and bounds description for the requested MG-Sa
and ML-la zoned districts;
o One (1) copy of the SLUC Order for Docket No. A89-643;
o One (1) large scape map of the conceptual subdivision plan;
o Letter authorizing William L. Moore Planning to represent McClean
Honokohau Properties in all activities related to this rezoning application; and
o List of surrounding property owners within 500 feet of the perimeter boundary
of the project area.
Please call me if you have any questions or require any additional information regarding this
request.
Sincerely,
William L. Moore
attachments
cc: Robert McClean, McClean Honokohau Properties
McClean Honokohau Properties
Proposed Amendments to Ordinance No. 97-118
Conditions of Rezoning
January 27, 1999
A. The applicant, its successors or assigns, shall comply with all of the stated
conditions of approval.
B. Subdivision Plans and/or nl
n~c, for nlan ~t~rov 1 ch 11 be c ,bmitt ~1 to PI nning,
Drnarrment and _final subdivision ,~roval or In
an
a~roval shall be cernrP~l
within five (Sl y arc from th ffectiv dat of this Ordin n .
,
bcsecared-] Plans for final Plan Approval shall indicate proposed structures,
landscaping, the buffer and landscaping area approved by Housing Finance
Development Corporation or its successor, parking and interior traffic
circulation.
D. A wmprehensive 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 review. The plan shall include, but not be limited to, landscaping
improvements along the zoned azea'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 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 its c , csorc prior to submittal of plans for plan
approval review.
McClean Honokohau Properties Amendment to Ordinance No. 97-118
Page No. 1
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 government 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 prepazed 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 Depaztment of
Health and/or the Department of Public Works, as appropriate.
J. A 60-foot wide dedicable road shall be constructed to commercial standazds
within the project site to the south property line prior to the issuance of flIlal
subdivision an
ron val or a certificate of occupancy for any portion of the
proposed development. This road shall be constructed to connect to future Road
"G" connection to Kealakehe Pazkway 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 pazticipate in the funding and construction of local and regional
transportation improvements on 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 apnroval or a certificate of
occupancy for any portion of this development.
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 flll;il
~~bdivision an royal or a certificate of occupancy for any portion of the
development indicating that participation within 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, paving 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 finds that
McClean Honokahau Properties Amendment to Ordinance No. 97-118
Page No. 2
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.
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
Fee Ordinance.
P. The applicants, its successors, or assigns of the development on the above
described Pazce12, designed 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 tonditions
which include, but aze not limited to odor, dust, noise, and nuisances caused by
the operation of ready-mix concrete batching plant.
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 compiled with and the Planning Director
acknowledges that further reports aze not required.
R. An 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 aze beyond the control of the applicant, successors or
assigns, and that are not the result of their fault or negligence.
2. Granting the time extension would not be contrary to the general plan or
zoning code.
McClean Honokohau Properties Amendment to Ordinance No. 97-118
Page No. 3
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 within in a timely fashion, the
Director shall initiate rezoning of the area to its original or more
appropriate designation.
McClean Honokohau Properties Amendment to Ordinance No. 97-] 18
Page No. 4
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BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAII
In the Matter of the Petition of ) DOCKET NO. A89-643
McCLEAN HONOKOHAU PROPERTIES, )
a Hawaii Limited Partnershi ) McCLEAN HONOKOHAU
P ) PROPERTIES, a Hawaii
To Amend the Land Use District ) Limited Partnership
Boundary to Reclassify Approxi- j This Is to Certify ttt8t this is a true any ccrr:ct
mately 89.527 acres of land in the ) Copy Of the Ded8f0A tnd Order on file in the officr
Conservation and the Agricultural ) Of~~~dUB~Commission,HonoluluHav~aii.
Districts to the Urban District ) APR 1 6 1991
at Honokohau, North Kona, Hawaii, ) ~ ~ ExeCUtlve 0f1~
Tax Map Key Nos.: 7-4-08: 26 and )
49 )
z
FINDINGS OF FACT,
CONCLUSIONS OF i~AW AND DECISION AND ORDER r
pursuant to Sections 205-16, 205-17 and 205A-2, HRS, and the
Hawaii State Plan as set forth in Chapter 226, Hawaii Revised
Statutes, as amended.
The Commission further concludes that although full
development of the lands within Increment II cannot be
reasonably completed within five years from the date of final
County zoning approval for the Property, reclassification of
the lands within Increment II consisting of approximately 44.02
acres of land from the Conservation and the Agricultural
Districts to the Urban District to permit the development of
Increment II, conforms to the standards for establishing Urban
Boundaries, is reasonable, non-violative of Section 205-2, HRS,
and the Hawaii State Plan as set forth in Chapter 226, Hawaii
Revised Statutes, as amended, and is consistent with the
policies and criteria established pursuant to Sections 205-16,
205-17 and 205A-2, HRS. Therefore, incremental redistricting
of the lands within Increment II of the Petitioner's
development is reasonable and warranted.
ORDER
IT IS HEREBY ORDERED that the lands within Increment i
of the Petitioner's development plan for the Property,
consisting of approximately 45.5 acres, situated at Honokohau,
North Kona, Island and County of Hawaii, State of Hawaii,
identified by Hawaii Tax Map Key Number: 7-4-08: portion of 26
and portion of 49, as approximately shown in Exhibit "A"
attached hereto and incorporated herein by reference, shall be
-26-
and hereby is reclassified from the Conservation District to
the Urban District and the State Land Use District Boundaries
are amended accordingly.
IT IS FURTHER ORDERED that the lands within Increment
II of the Petitioners development plan of the Property,
consisting of approximately 44.02 acres, situated at Honokohau,
North Kona, Island and County of Hawaii, State of Hawaii,
identified by Hawaii Tax Map Key Number: 7-4-08: portion of 26
and portion of 49, as approximately shown in Exhibit "A"
attached hereto and incorporated herein by reference, shall be
and the same are hereby approved for incremental development
pursuant to Commission Rule 15-15-78, and that redistricting
from the Conservation and the Agricultural Districts to the
Urban District will be granted upon receipt of an application
by Petitioner for redistricting of this second increment upon a
prima facie showing that Petitioner has made substantial
completion of the onsite and offsite improvements within
Increment I, in accordance with the Petitioner's development
plan as indicated above, within five years from the date of
this Order.
IT IS FURTHER ORDERED that the reclassification and
incremental districting of the Property shall be subject to the
following conditions:
1. Petitioner shall ensure that a buffer area along
the boundary of the Property be constructed to maintain the
visual integrity from the Queen Kaahumanu Highway. Petitioner
-27-
shall further ensure that the proposed light industrial uses be
screened from passing motorists, the Kaloko-Honokohau National
Historic Park, and the adjacent Kealakehe lands, by landscaping
improvements along the petition area's western, northern and
southern boundaries. Petitioner shall prepare a plan for a
buffer along the southern boundary with the Kealakehe lands,
which shall be submitted to and approved by the Housing Finance
Development Corporation. Petitioner shall properly `maintain
the approved landscaping improvements.
2. Petitioner 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.
3. Petitioner shall prepare a drainage and erosion
control plan and shall fund and construct the necessary
drainage improvements to control drainage within the Property
and to maintain ocean water quality to the satisfaction of the
State Department of Health.
4. Petitioner shall contribute its pro rata share of
the cost to develop and distribute water to Petitioner's
proposed project, together with other public and private
property owners in the area.
5. Petitioner shall fund and construct the necessary
waste-water disposal improvements on the subject property for
eventual hook-up to a municipal sewer system as determined by
the State Department of Health.
-28-
6. Petitioner shall coordinate with the County of
Hawaii and the State Department of Health to establish
appropriate systems to contain spills and prevent material
associated with light industrial uses, such as petroleum
products, chemicals, solvents or other pollutants, from
leaching into the storm drainage systems and adversely
affecting the groundwater and coastal waters.
7. Petitioner shall fund its pro rata share for
electrical facilities as determined by the Hawaii Electric
Light Company (HELLO).
8. Petitioner shall immediately stop work on the
impacted area and contact the State Historic Preservation
Office should any archaeological resources such as artifacts,
shell, bone, or charcoal deposits, human burial, rock or coral
alignments, paving or walls be encountered during the project's
development.
9. Petitioner shall provide its pro rata share for
police, fire, park, and solid waste disposal as may be required
by and to the satisfaction of the County of Hawaii.
10. The Petitioner shall participate in an air
quality monitoring program as specified by the State Department
of Health.
11. The Petitioner shall implement effective soil
erosion and dust control measures during all phases of the
development.
-29-
~ ~ -
12. Petitioner shall develop and maintain on-site
facilities to insure that the nearshore, offshore and deep
ocean waters remain in pristine condition. Petitioner shall
also participate in a water quality monitoring system as may be
required by the State Department of Health.
13. Petitioner shall develop the Property in
substantial compliance with representations made to the
Commission in obtaining the reclassification of the Property.
Failure to so develop may result in reclassification of the
property to its former land use classification.
14. Petitioner shall give notice to the Commission of
any intent to sell, lease, assign, place in trust, or otherwise
voluntarily alter the ownership interest in the subject
property covered by the approved petition, prior to development
of the Property.
15. Petitioner shall provide annual reports to the
Commission, the Office o~ State Planning and the County of
Hawaii Planning Department in connection with the status of the
subject project and the Petitioner's progress in complying with
the conditions imposed.
16. The Land Use Commission may fully or partially
release these conditions as to all or any portion of the
Property upon timely motion and upon the provision of adequate
assurance of satisfaction of these conditions by Petitioner.
-30-
0
DOCKET NO. A89-643 - McCLEAN HONOKOHAU PROPERTIES, A HAWAII
LIMITED PARTNERSHIP, FKA ROBERT S. McCLEAN
AS TRUSTEE OF THE ROBERT S. McCLEAN TRUST
Done at Honolulu, Hawaii, this 16th day of April 1991,
per motion on April 11, 1991.
LAND USE COMMISSION
STATE OF HAWAII
BY ~/5~ ~ " `"S~_
REN N L. K. NIP
Chairman and Commissioner
BY _;~~i~. <1~2~
AL N K. HOE
V' a Chairman and Commissioner
BY ~~i~ ~1~(i~~-~
ALIT K11~7 OKA
Vi a Chairman and Commissioner
By
N S. AHN
Co issioner
By (absent)
EUSEBIO LAPENIA, JR.
Co^mmissioner
JO N N. MATTSON
C mmissio/n~,er
Filed and effective on By C7x~~U
April it , 1991 AMES M. SHINNO
Commissioner
Certified by:
Executive Officer ELT N WA A
Commissioner 11
By ~ 1-1-t- ~
DELMOND J. H. WON
Commissioner
-31-
.fl.
BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAII
In the Matter of the Petition of ) DOCKET NO. A89-643
)
McCLEAN HONOKOHAU PROPERTIES, ) McCLEAN HONOKOHAU
a Hawaii Limited Partnership ) PROPERTIES, a Hawaii
Limited Partnership
To Amend the Land Use District )
Boundary to reclassify approxi- )
mately 89.527 acres of land in the )
Conservation and the Agricultural )
Districts to the Urban District )
at Honokohau, North Kona, Hawaii, )
Tax Map Key Nos.: 7-4-08: 26 and )
49 )
CERTIFICATE OF SERVICE
I hereby certify that a copy of the Findings of Fact,
Conclusions of Law, and Decision and Order was served upon the
following by either hand delivery or depositing the same in the
U. S. Postal Service by certified mail:
HAROLD S. MASUMOTO, Director
Office of State Planning .
State Capitol, Room 410
Honolulu, Hawaii 96813
NORMAN K. HAYASHI, Planning Director
CERT. Planning Department, County of Hawaii
25 Aupuni Street '
Hilo, Hawaii '96720
ROBERT J. SMOLENSKI, ESQ., Attorney for Petitioner
CERT. 1717 Davies Pacific Center
841 Bishop Street
Honolulu, Hawaii 96813-3970
SANDRA PECHTER SCHUTTE, ESQ., Attorney for Intervenor
CERT. 101 Aupuni Street, Suite 124
Hilo, Hawaii 96720
DATED: Honolulu, Hawaii, this 16th day of April 1991.
ESTHER VEDA
Executive Officer
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WILLIAM L. MOORE PLANNING
159 HALAI STREET
Hn.o, HAWAII 96720
(808) 935-0311/Fu (808) 9340162
April 15, 1999 , n. - " 1
Virginia Goldstein, Director
County of Hawaii G ,
Planning Department
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Subject: Change of Zone Ordinance No. 93-38, as amended by Ord. Nos. 96-3 and
97-118 (REZ 744); McClean Honokohau Properties
Honokohau 2pd, North Kona, Hawaii Island
TMK: 7-4-08: Portions of 26 and 49
This is to acknowledge receipt of a copy of the memorandum dated March 16, 1999 from the
Department of Transportation (DOT), Highways Division, Hawaii District, regarding the
proposed amendments to Change of Zone Ordinance No. 93-38, as amended by Ord. Nos. 96-3
and 97-118 (REZ 744), Honokohau 2°", North Kona, Hawaii Island.
It is our understanding the the DOT comments request that a traffic impact analysis report
(TIAR) be prepared for this proposed amendment and that the development plans should show
the "Mid-Level Road" and "Main Street".
With respect to the TIAR, we do not believe that an analysis should be required as part of this
request. The subject request is to allow the subdivision of an existing industrial zoned azea.
There will not be any change in the uses permitted as a result of this amendment action nor will
there be any change in impact to the overall roadway system.
With respect to showing the Mid-Level Road and Main Street on the overall development plans,
the applicant has no objections to the request. However, the improvement of these roadways aze
not part of this application. McClean Honokohau Properties has been and will continue to
coordinate with its neighbors to on access improvements.
Please call me if you have any questions on this matter.
Sincerely,
CU~wu,. G G~c.~,~
William L. Moore
cc: Stanley Tamura, Hawaii District Engineer, Department of Transportation
Robert McClean, McClean Honokohau Properties 6'G
EXHIBIr
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' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
e~~~i 25 AU PUNT STREET HILO, HAWAII 96720
e1w1II.
TELEPHONE (BOB) 961.8880 FAX (BOB) 961.8657
March 17. 1999
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T0: Planning Department
•
FROM: Milton D. Pavao, Manager
~•~i
SUBJECT: CHANGE OF ZONE ORDINANCE N0. 93-38
(AMENDED BY ORDINANCE NOS. 96-3 AND 97-118) (REZ 744)
APPLICANT - MCCLEAN HONOKOHAU PROPERTIES
REQUEST: AMENDMENTS TO ORDINANCE.NOS. 93-38 (AMENDED BY ORDINANCE NOS.
96-3 AND 97-118). WHICH INCLUDES AMENDMENTS TO THE DISTRICT ZONING
CLASSIFICATION AND TO CONDITIONS B. C. E. J. K. L AND P
DISTRICT CLASSIFICATION CHANGES: ML-40 TO ML-la AND RECONFIGURE MG-5a
TAX MAP KEY: 7-4-008:PORTIONS OF 026 AND 049
We have reviewed the proposed amendments to the subject change of zone and we have
no objections. Our specific comments and requirements follow.
Water can be made available from an existing 12-inch waterline along "Boat Park
Road" (Easement "A" for roadway and utility purposes) fronting the property. The
applicant currently has a total of 63 units of water fora total of 37,800 gallons
per day at 600 gallons per day for each unit. There are enough units for the
proposed 13-lot industrial subdivision.
For the applicant's information, should the subject amendments to the change of
zone be approved and a subdivision application executed, final approval will be
subject to the following requirements:
1. Construct necessary improvements, which shall include, but not be limited
to:
a. water mains capable of delivering water at adequate pressures and
volumes under peak-flow and fire-flow conditions: minimum diameter of
mains shall be 8 inches,
.
UVafer ~rin~~ rro~reae...
Planning Department
Page 2
March 17, 1999'
b. service laterals that will accommodate a 5/8-inch meter to each lot.
and
c. fire hydrants spaced not more than 300 feet apart.
Submit construction plans prepared by a professional engineer, registered in
the State of Hawaii.
Should there be any questions. please call our Water Resources and Planning Branch
at 961-8660.
Milton D. Pavao, P.E.
Manager
BCM:gms
copy - McClean Honokohau Properties
Mr. William Moore
WILLIAM L. MOORS PLANNING
159 HALAI STREET
HILO, HAWAII 96720
(808) 935-0311/Faa (808) 9340162
April 15, 1999 , q i . I
Virginia Goldstein, Director
County of Hawaii , . . ,
Planning Department
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Subject: Change of Zone Ordinance No. 93-38, '
as amended by Ord. Nos. 96-3 and 97-118 (RF7. 744)
McClean Honokohau Properties
Honokohau Zed, North Kona, Hawaii Island
TMK: 7-4-08: Portions of 26 and 49
This is to acknowledge receipt of a copy of the memorandum dated March 17, 1999 from the
Department of Water Supply, regarding the proposed amendments to Change of Zone Ordinance
No. 93-38, as amended by Ord. Nos. 96-3 and 97-118 (RF9 744), Honokohau 2°d, North Kona,
Hawaii Island.
Please be informed that McClean Honokohau Properties fully intends to comply with the
requirements of the Department of Water Supply with respect to the construction of the necessary
water improvements for the subject property.
Please call me if you have any questions on this matter.
Sincerely,
~y~~ ~ v~l~,~+'v
William L. Moore
cc: Milton D. Pavao, Manager, Department of Water Supply
Robert McClean, McClean Honokohau Properties
003]..68
Stephen K. Ysmashiro Edward Bumatay
~r deanpP6a Wy
~~0 IV~'~
/ ~II1tYC~ QL ~M~12FIiT
FIRE DEPARTMENT
777 RWnea Avaaoe • MAR Loe, Room 6 • HRo, HaenU 96720.4179 j~
(808 961.8797 • Ra (lOB) 961$996
March 1, 1999 c'_,
r
• i
To: Virginia Goldstein, Planning Director - `l
j
From: Edward Bumatay, Acting Fire Chief
SUBJECT: CHANGE OF ZONE ORDINANCE NO. 93-38 (AMENDED BY
ORDINANCE NOS. 96-3 & 97-118) (REZ 744)
APPLICANT: McCLEAN HONOKOHAU PROPERTIES
REQUEST: AMENDMENTS TO ORDINANCE NOS. 93-8
(AMENDED BY ORDINANCE NOS. 96-3 & 97-117),
WHICH INCLUDES AMENDMENTS TO THE DISTRICT
ZONING CLASSIFICATION & TO CONDITIONS
B, C, E, J, K, L & P
DISTRICT CLASSIFICATION CHANGES: ML-40 TO
ML-la & RECONFIGURE MG-Sa
TAX MAP KEY: 7-4-08:PORTIONS OF 26 & 49
Fire apparatus access roads shall be in accordance with UFC
Section 10.207:
"Fire Apparatus Access Roads
"Sac. 10.207. (a) General. Fire' apparatus access roads
shall be provided and maintained in accordance with the
provisions of this section.
"(b) iQhere Required. Fire apparatus access roads shall be
required for every building hereafter constructed when any
portion of an exterior wall of the first story is located
more than 150 feet from fire department vehicle access as
measured by an unobstructed route around the exterior of the
building.
~pU CpGy
A
2 <
To: Virginia Goldstein, Planning Director
Page 2
March 1, 1999
"EXCEPTIONS: 1. When buildings are completely
protected with an approved automatic fire sprinkler
system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to
topography, waterways, nonnegotiable grades or other
similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division
3 or Group M Occupancies, the requirements of this
section may be modified, provided, in the opinion of
the chief, fire-fighting or rescue operations would not
be impaired.
"More than one fire apparatus road may be required when it is
determined by the chief that access by a single road may be
impaired by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus
access road shall meet the requirements of the appropriate
county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall
have an unobstructed vertical clearance of not less than 13
feet 6 inches.
"ERCEPTION: Upon approval vertical clearance may be
reduced, provided such reduction does not impair access
by fire apparatus and approved signs are installed and
maintained indicating the established vertical
clearance.
"(e). Permissible Modifications. Vertical clearances or
widths required by this section may be increased when, in the
opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
To: Virginia Goldstein, Planning Director
Page 3
March 1, 1999
"(g) Turning Radius. The turning radius of afire apparatus
access road shall be as approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fixe apparatus access roads
in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
"(i) Hridgea. When a bridge is required to be used as
access under this section, it shall be constructed and
maintained in accordance with the applicable sections of the
Building Code and using designed live loading sufficient to
carry the imposed loads of fire apparatus.
"(j) Grads. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15~)
"(k) Obstruction. The required width of any fire apparatus
access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all
times.
"(1) signs. When required by the fire chief, approved signs
or other approved notices shall be provided and maintained
for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301:
"INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY
SYSTEMS AND APPLIANCES
"Installation
"Sec. 10.301. (a) Typa Required. The chief shall designate
the type and number of fire appliances to be installed and
maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings. This shall be
done according to the relative severity of probable fire,
including the rapidity with which it may spread. Such
appliances shall be of a type suitable for the probable class
of fire associated with such building or premises and shall
have approval of the chief.
To: Virginia Goldstein, Planning Director
Page 4
March 1, 1999
"(b) / Spacial Hazards. In occupancies of an especially
hazardous nature or where special hazards exist in addition
to the normal hazard of the occupancy, or where access for
fire apparatus is unduly difficult „additional safeguards may
be required consisting of additional fire appliance units,
more than one type of appliance, or special systems suitable
for the protection of the hazard involved. Such devices or
appliances may consist of automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and
hose, fixed or portable fire extinguishers, suitable asbestos
blankets, breathing apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems are
installed, they shall be in accordance with the applicable
Uniform Fire Code Standards or standards of the National Fire
Protection Association when Uniform Fire Code Standards do
not apply.
"(c) ~Patar Supply. An approved water supply capable of
supplying required fire flow for fire protection shall be
provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the
respective county water requirements. There shall be
provided, when required by the chief, on-site fire hydrants
and mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed systems capable of
providing the required fire flow.
"The location, number and type of fire hydrants connected to
a water supply capable of delivering the required fire flow
shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the
fire department apparatus by roadways meeting the
requirements of Section 10.207.
"(d) Fire Hydrant Markers. When required by the chief,
hydrant locations shall be identified by the installation of
reflective markers.
"(e) Timi.ag of Installation. When fire protection
facilities are to be installed by the developer, such
facilities including all surface access roads shall be
installed and made serviceable prior to and during the time
of construction. When alternate methods of protection, as
approved by the chief, are provided, the above may be
modified or waived.
To: Virginia Goldstein, Planning Dirctor
Page 5
March 1, 1999
"(f) All fire alarm systems, fire hydrant systems, fire
extinguishing systems (including automatic sprinklers), Class
I, II, III (combination standpipe system) and combined
systems, basement inlet pipes, ar3d other fire protection
systems and appurtenances thereto shall meet the approval of
the fire department as to installation and location and shall
be subject to periodic teats as required herein. Plans and
specifications shall be submitted to •the fire department for
review and approval prior to installation."
EDW BUMATAY /
Acting Fire Chief /
EB/mo ll~~
~ 7J
wwrr . ,,,,;<<;,1
~ ~ ~
April 1, 1999
Chief Edwazd Bumatay
County of Hawaii Fire Department
777 Kilauea Avenue
Mall Lane, Room 6
Hilo, Hawaii 96720-4239
Re; Change of Zone Ordinance No. 93-38 (Amended by Ordinance
Nos. 96-3 and 97-118) (REZ 744)
Applicant; Mc Clean Honokohau Properties
Request; Amendment to Ordinance Nos.93-38 as amended
District Classification Changes; ML-40 to ML-la and Reconfigure MG-Sa
Tax Map Key; 7-4-08: portions of 26 and 49
Dear Chief Bumatay;
Thank you for your comments re the above matter to the Planning
Duector, County of Hawaii dated Mazch 1, 1999.
In developing our "Honokohau Industrial Pazk", we will comply fully with
the requirements of your department regarding Fire Apparatus Access Roads,
Fire-Protection , Life_Safety Systems and Appliances.
Very Truly yours,
Hon hau Properties
Robert S. IvIc Clean
P.O. Box 3000 / Katlua-Kona. Hawau 96745 i 808-329-8277
WILLIAM L. MOORS PLANNING
159 HALM STREET
HILO, HAWAII 96720
(808) 935-0311/Faz (808) 934-0162
January 27, 1999 ~ ~ ~'fi 12
Virginia Goldstein, Director , ,
County of Hawaii ~ ~
Planning Department
25 Aupuni Street
Hilo, Hawaii 96720 ~:i`
Dear Ms. Goldstein:
Subject: Amendment to Ordinance No. 93-38, as amended by Ord. No. 96-3 and 97-118
McClean Honokohau Properties
TMK: 7-4-8: 26 and 49
We are submitting this letter to request an amendment of certain conditions contained within
Ordinance No. 93-38 and to change the zoning district boundaries for the project area. The
primary purpose of this request is to allow the subdivision of the of the Industrial zoned lands
into a total of thirteen lots, plus two road lots and the remainder azea.
The McClean Honokohau Properties (MHP) consists of a total of 89.527 acres. The property
is bounded on the north and east by vacant land in the Conservation and Agricultural Districts
owned by Lanihau Partners, on the south by the Housing and Community Development
Corporation of Hawaii's Villages of La`i`opua and on the west by industrial zoned lands,
including a Chevron Station. Access to the subject property is by means of an improved
easement which intersection Kaahumanu Highway approximately 850 north of the Kealakehe
Pazkway-Queen Kaahumanu Highway Intersection, Honokohau 2°d, North Kona, Hawaii
Island.
Background
1. On April 11, 1991, the State Land Use Commission (SLUG) reclassified an
approximately 45.5 acre portion of MHP subject to the certain conditions. The balance
of the 89.527 acre MHP area was Incrementally reclassified upon a prima facie
showing that the Petitioner has made substantial completion of the onsite and offsite
improvements within Increment I within five yeazs from the date of the Order. A copy
of the SLUG Order is attached for your information.
2. On March 27, 1992, MHP requested a change of zone for approximately 40 acres from
Open to the Limited Industrial (ML) and approximately 5.5 acres to General Industrial
(MG) zoned districts
Virginia Goldstein
January 27, 1999
Page No. 2
3. On Apri127, 1993, Change of Zone Ordinance No. 93-48 was approved by the County
Council, which rezoned 40 acres of the property to Limited Industrial - 40 acres (ML-
40a) and 5.5 acres to General Industrial (MG-Sa).
4. March 13, 1995, MHP filed application for an amendment to Condition J (construction
of a 60-foot wide dedicable road) of Ordinance No. 93-38.
5. January 12, 1998, Ordinance No. 96-3 was approved by the County Council, amending
Condition J of Ordinance No. 93-38.
6. May 19, 1996 the SLUC entered the Oder Granting Motion for extension of time to
substantially complete Increment I and to apply for redistricting of Increment II to
April 16, 1999.
7. March 3, 1997, MHP filed an application for amendment to Condition P (required
operation of ready mix batching plant within MG zoned lands to be established within
two years of effective date.) of Ordinance 96-3.
8. September 12, 1997, Ordinance No. 91-118 was approved by the County Council,
amending Condition P of Ordinance No. 96-3. Condition P was amended to require
the commencement of operation of the ready mix batching plant within five years of the
effective date of the amendment.
Request
1. Amendment to Existing Zoning District.
Revisions to the existing zoning districts are being sought to allow the reconfiguration
of the General Industrial (MG-Sa) zoned district and the subdivision of the Light
Industrial and General Industrial zoned districts into a total of thirteen (13) lots.
Proposed changes include amending the Light Industrial zoned district to allow a
minimum lots size of 1 acre (ML-la). The MG-Sa zoned district is proposed to be
reconfigured to better conform to the proposed roadway system.
The existing ML-40a zoned district was granted to limit subdivision of the industrial
azea into individual lots because of the lack of water. Since that time, the Department
of Water Supply (DWS) has determined that there is sufficient water currently available
to allow the subdivision of the 45.5 acre industrial azea into a total of thirteen (13) lots.
(See attached letter from the DWS dated June 8, 1997.)
Accordingly, the purpose of this request is to amend the zoning to allow the subdivision
of the 45.5 acre subject area into a total of thirteen (13) industrial lots, in accordance
Virginia Goldstein
January 27, 1999
Page No. 3
with the water availability as determined by the DWS. Further subdivision of the
subject azea will be conditioned upon installation of the sixteen- and twenty-inch
waterlines along Palani Road.
2. Proposed Amendments to Conditions of Approval.
In addition to the adjustments to the zoning designations, certain amendments are being
requested to the conditions of approval of Ordinance No. 97-118. The purpose of the
amendments aze to provide for the subdivision of the property in accordance with the
requested ML-la zoned district and to allow the property to be developed in a manner
that ensures the infrastructure impacts of the project are addressed in a way that is fair
to both the County and the Owner.
The specific amendments to Ordinance No. 97-118, in a modified Ramseyer format (deletions
bracketed and stricken out, additions are underlined), together with the following:
a Filing Fee of $825 ($500 plus $25 per lot for 13 lots);
o Twenty (20) copies of this letter;
o Twenty (20) copies of the conceptual subdivision plan for the proposed thirteen
(13) lot subdivision;
o One (1) set of proposed metes and bounds description for the requested MG-Sa
and ML-la zoned districts;
o One (1) copy of the SLUC Order for Docket No. A89-643;
o One (1) large scape map of the conceptual subdivision plan;
o Letter authorizing William L. Moore Planning to represent McClean
Honokohau Properties in all activities related to this rezoning application; and
o List of surrounding property owners within 500 feet of the perimeter boundary
of the project area.
Please call me if you have any questions or require any additional information regazding this
request.
Sincerely,
~lk~,ua,~ ~ U~~.-~.
William L. Moore
attachments
cc: Robert McClean, McClean Honokohau Properties
McClean Honokohau Properties
Proposed Amendments to Ordinance No. 97-118
Conditions of Rezoning
January 27, 1999
A. The applicant, its successors or assigns, shall comply with all of the stated
conditions of approval.
B. Cubdivision Pla_nc_ and/or plans for plan anoroval shall be submitted to Phnni~
Department and final subdivision annroval
or plan and royal shall be secured
within five e?rs from the effective date of this Ordinance.
be-sxttred-] Plans for final Plan Approval shall indicate proposed structures,
landscaping, the buffer and landscaping area approved by Housing Finance
Development Corporation or its successor, parking and interior traffic
circulation.
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 review. The plan shall include, but not be limited to, landscaping
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 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 itc c , ccorc prior to submittal of plans for plan
approval review.
McClean Honokohau Properties Amendment to Ordinance No. 97-118
Page No. 1
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 government 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 standazds
within the project site to the south property line prior to the issuance of fipal
subdivision annroval or a certificate of occupancy for any portion of the
proposed development. This road shall be constructed to connect to future Road
"G" connection to Kealakehe Pazkway and shall meet with the approval of the
Department of Public Works.
K. As required by the Stale Land Use Commission's Decision and Order, the
applicant shall participate in the funding and construction of local and regional
transportation improvements on 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 fin 1
ca
iti bdivic_ion approval or a certificate of
occupancy for any portion of this development.
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 opal
subdivision approval or a certificate of occupancy for any portion of the
development indicating that participation within 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, paving 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 finds that
McClean Honokohau Properties Amendment to Ordinance No. 97-118
Page No. 2
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.
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
Fee Ordinance.
P. The applicants, its successors, or assigns of the development on the above
described Parcel 2, designed 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 ready-mix concrete batching plant.
Q. An annual progress report shall be submitted to the Planning Director prior to
the anniversazy 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 compiled with and the Planning Director
acknowledges that further reports aze not required.
R. An 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 aze beyond the control of the applicant, successors or
assigns, and that aze not the result of their fault or negligence.
2. Granting the time extension would not be contrary to the general plan or
zoning code.
McClean Honokohau Properties Amendment to Ordinance No. 97-118
Page No. 3
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 yeaz 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 within in a timely fashion, the
Director shall initiate rezoning of the azea to its original or more
appropriate designation.
McClean Honokohau Properties Amendment to Ordinance No. 97-118
Page No. 4
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DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
~b ~
~r 25 AUPUNI STREET HILO, HAWAII 96720
~~~NI M/11'1
TELEPHONE (606) 961-8660 FAX (606)961-6657
June 8. 1998
,
Mr. William L. Moore
William L. Moore Planning
159 Halai Street
Hilo. HI 96720
WATER AVAILABILITY
MCCLEAN HONOKOHAU PROPERTIES
TAX MAP KEY 7-4-008:026 AND 049
This is in response to your letters of February 18. 1998 and May 21. 1998.
In regard to your letter of February 18, 1998. several projects within the
Kealakehe and Kaloko areas are being undertaken to improve the capacity of our
water system that services the North Kona area, including the subject parcels.
The major intent of these projects is to bring water down from the high-level
water sources along the Mamalahoa Highway to service this area. rather than from
the Kahaluu Shaft source. The projects in the Kealakehe area that would directly
impact the subject parcels include:
1. Activation of the 1.0-million gallon (mg) Honokohau Harbor Reservoir (235-
foot elevation). This should be completed in the near future by this
Department.
2. Installation of a sixteen (16) and twenty 20)-inch waterline along Palani
Road from the Palani .10-mg reservoir at elevation 1,200 feet to the .10-mg
Palani No. 2 reservoir at elevation 590 feet. This improvement is
consistent with the improvements proposed as part of the North Kona Water
Master Plan. (A copy of this plan is enclosed for your information.) At
this time, there is no definite schedule for this improvement by the State.
However, in view of the fact that this is a "bottleneck" in our system that
is preventing the transmission of water from mauka. this Department is
considering the installation of these improvements with its own funds
Ul/afer brin~9 rro~redy...
Mr. William L. Moore
Page 2
June 8. 1998
In regard to your letter of May 21, 1998, a total of sixty-three (63) units of
water [37,800 gallons per day (gpd)] are available to both parcels as follows:
1. Fifty-one (51) units of water or 30.600 gpd from an existing 2-inch water
meter servicing the quarry operation and an assignment of 600 gpd through a
source agreement.
2. Twelve (12) units of water or 7.200 gpd are available subject to the zone
change for both subject parcels.
Based on this availability, there are presently enough units for the proposed
thirteen (13)-lot industrial subdivision. However, additional units required for
the proposed senior residential development will be contingent on the installation
of the sixteen (16) and twenty (20)-inch waterlines along Palani Road as
stipulated above.
~ If you have any further questions, please call our Water Resources and Planning
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Milton D. Pavao, P.E.
Manager
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~ WILLIAM L. MOORS PLANNING
159 HALAI STREET
HILO, HAWAII 96720
(808) 935-0311Baz (808) 934-0162
May 21, 1998
Milton Pavao, Manager
Department of Water Supply
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Pavao:
Subject: McClean Honokohau Properties
TMK: 7-4-08: 26 and 49
This is to follow up with respect to the discussions between Bill Moore and your staff
regarding the implementation of an industrial subdivision on McClean Honokohau Properties
(MHP) in Honokohau, North Kona, Hawaii Island.
The overall project area consists of approximately 89.5 acres. Approximately 45.5 acres of
this total was rezoned to ML-40a and MG-Sa pursuant to Ordinance No. 93-80 as amended by
Ordinance No. 96-3. In addition, there is a change of zone application for approximately 12.7
acres along the eastern boundary from A-Sa to RS-7.5. There are currently no other
development plans for the remainder area.
McClean Honokohau Properties is seeking to rezone the ML-40a and portions of the MG-Sa
zoned districts to allow subdivision of these areas into a total of thirteen lots (13) with a
remainder lot encompassing the balance of the ]ands.
Accordingly, we are seeking concurrence that there is sufficient water to allow the rezoning
and subsequent subdivision of this area into smaller lots.
As part of the original zoning which established the ML-40a and MG-Sa zoned districts, the
Department of Water Supply (DWS) in a letter dated March 19, 1992 determined that a total
of 30,600 gallons per day of water had been allocated to this property. This was based on the
capacity of an existing 2-inch water meter servicing the quarry area and an assignment of 600
gallons per day through source agreement.
In addition, pursuant to a letter dated April 11, 1996, an additional 12 meters may be available
in accordance with the DWS policy of allowing six additional units of water for existing lots of
record that require a change of zone. Based on 600 gallons of water per day per unit, a total
Milton Pavao
May 21, 1998
Page No. 2
of 7,200 gpd can be allocated [o this project. Accordingly, there is a total allocation of 37,800
gallons per day.
Consequently, MHP is seeking to subdivide the 45.5 acre industrial area into a total of thirteen
lots and a remainder area encompassing the balance of the property. Based on a 600 gpd
allocation to the remainder area, a total of 37,200 gpd will be available to support the proposed
13 industrial lots. This is an average of approximately 900 gpd per acre of net industrial lands.
In addition to this water allocation, McClean Honokohau Properties has developed anon-potable
well within its' lands. While the water from this source is brackish, the water is currently used for
dust control for the quarry operations. MHP is planning to further develop the water distribution
system to enable this water to be used for landscaping in addition to the dust control purposes.
This will further reduce potable water requirements within the project area.
In the near future, (within four weeks) MHP intends to file a change of zone application to allow
the further subdivision of the ML-40a zoned lands. Please let us know as soon as possible if you
have any concerns in this regard with respect to water availability. We look forward to hearing
from you on this matter.
Sincerely,
William L. Moore
Attachments
cc: Robert McClean, McClean Honokohau Properties