HomeMy WebLinkAboutBIL 200 Draft 02 2016-2018' •;MtY os M,�,' '
COUNTY OF HAWAII '`=6\;'1"�'�'r`*` STATE OF HAWAII
BILL NO. 200
ORDINANCE NO. (DRAFT 2)
AN ORDINANCE AMENDING ORDINANCE NO. 04 110 WHICH RECLASSIFIED LANDS
FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL
INDUSTRIAL (MG-la) AT HONOKOHAU 1ST AND 2ND,NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-4-008:013 & 030.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 04 110 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended),the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or •
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order(Docket No. A00-730) dated September 26, 2003.
C. [Prior to the issuance of a water commitment by the Department of Water Supply, the
applicant shall submit the anticipated maximum daily water usage calculations as
within ninety days from the effective date of this ordinance.] The applicant, successors or
assigns shall maintain valid water commitments to support the proposed development
until such time that the required water facilities charges are paid in full. Moreover,the
applicant, successors or assigns shall construct the necessary water system improvements
as required by the agreements between Lanihau Properties, other parties and the Water
Board.
D. The subject area shall be zoned in multiple increments:
1. The first increment shall consist of Parcel 2 (MG zoned area) and Parcel 3 (9.9-
acre MCX zoned area)whose zoning [shall be] was effective upon adoption of
[this ordinance] Ordinance No. 04 110 on October 12, 2004.
2. Zoning increments within Parcel 1 (186.7-acre MCX zoned area) shall be
identified by the applicant as part of future subdivision applications. The effective
date of these future zoning increments shall be upon completion of construction or
acceptance of financial assurance thereof, by bond or other means, meeting with
the approval of the Planning Director, whichever occurs first, for the portion of
road improvements as shown on the approved circulation plan within each
increment. The incremental zoning boundaries shall be identified on the
subdivision maps and shall be along the portions of the roads proposed to be
improved and shall not include large lots, as described in Section 23-28,
Chapter 23, Hawai`i County Code, or any remainder lot that is designated by the
applicant on its subdivision plans.
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E. Prior to construction on the proposed lots,the applicant, successors or assigns shall
secure Final Plan Approval for the proposed development from the Planning Director in
accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code.
Plans shall identify all existing and/or proposed structures, paved driveway access and
parking stalls associated with the proposed development. Landscaping shall also be
indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties in accordance with the requirements of[Planning Department's Rule
No. 17 (Landscaping Requirements)] the Landscaping Master Plan approved by the
Planning Department on December 1, 2009 and/or any approved amendments thereto.
F. [An overall landscaping master plan, including a minimum 50 foot wide landscaping
to and approved by the Planning Department prior to the issuance of Final Plan approval
for any development within Lots 1 and 3. The Landscaping Master Plan shall reflect the
- - - - - - - - --
Environmental Impact Statement dated April 2003 and shall include, but not necessarily
limited to,plant species list, identification of view corridors from within and outside of
the project ar-a and maintenance program.}The applicant, successors or assigns shall
implement landscaping improvements as required by the Landscaping Master Plan
approved by the Planning Department on December 1, 2009 and/or any approved
amendments thereto. The required landscaping improvements shall be installed in
conjunction with the development of immediate surrounding areas.
G. An updated Traffic Impact Analysis Report (TIAR) certified by a licensed engineer shall
be submitted for review and approval to the Planning Director [and] in consultation with
the Department of Public Works and the State Department of Transportation, if warranted
by a significant change in circumstances or if required by the Department of Public
Works during the design and review of construction plans for future road segments.
[prier
to receipt of Final Subdivision Approval. The TIAR shall be updated to include the
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increase in the MCX zoned area and the inclusion of interior intersections along the
to the Kamanu Street and Kealakehe Parkway intersection.] The improvements identified
in the updated TIAR shall be provided in an appropriate design year or phased in with the
needed right-of-way provided. Mitigation measures called for in the revised TIAR that are
reasonably related to [the] project impacts shall be implemented [meeting] in a manner
that meets with the approval of the Planning Director in consultation with the Department
of Public Works and the State Department of Transportation."
H. [All access and intersection improvements along Queen Ka`ahumanu Highway shall be
constructed meeting with all the requirements and approval of the State Department of
Transportation.] Access to Parcel 1 from Queen Ka`ahumanu Highway shall be limited to
the North Access Road and [, after construction of the National Park Service/Lanihau
(South Access Road)] the South Access Road signalized intersection [, to the National
Park Service/Lanihau(South Access Road) intersection and to the North Access Road]
under such terms and conditions required by the Department of Transportation.
[Prior to the granting of Tentative Subdivision Approval for any lot within the subject
-. - . .. .. .., . -] The applicant, successors or assigns shall implement
the approved overall Roadway Circulation Plan submitted as Figure 2 with the November
2017 TIAR showing the major road corridors within the project area. [for review and
approval by the Planning Department, in consultation with the Department of Public
Works-and] Driveways within the North and South Access Roads between Queen
Ka`ahumanu Highway and Kanalani Street shall meet with the approval of the
Department of Public Works in consultation with the State Department of Transportation.
J. Prior to the issuance of a Certificate of Occupancy of any structure within the project
area, except as provided in Conditions K, L and M below, Kamanu Street Extension shall
be constructed and available for use across the entire project area. The applicant shall
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construct Kamanu Street extending from the north property boundary to the south
property boundary meeting with the approval of the Department of Public Works. At its
sole discretion,the applicant may construct Kamanu Street Extension in stages, the first
of which shall consist of preliminary vehicular access (hereinafter defined as road
improvements constructed to non-dedicable standards)meeting with the safety and design
requirements of the Department of Public Works, suitable for through-vehicular travel.
Construction of the first stage shall be completed prior to the [issuance of the] County's
issuance of a Certificate of Occupancy for any portion of the subject property, except as
provided herein. The second stage shall consist of upgrading the preliminary vehicular
access to dedicable standards including curbs, gutters and sidewalks, meeting with the
approval of the Department of Public Works, which shall be constructed in conjunction
with Final Subdivision Approval for any lands along the roadway improvements
constructed in the first stage, excluding large lots or remainder lots. In the event that
Kamanu Street is constructed with County or other government funding or financing,the
applicant shall dedicate the Kamanu Street right-of-way to the County at no cost, and the
Kamanu Street improvements shall be improved to County dedicable standards, including
curb, gutter and sidewalks,prior to the issuance of a Certificate of Occupancy within the
subject property, except as provided in Conditions K, L and M herein. In this event,prior
to the granting of Final Subdivision approval for lots fronting Kamanu Street, other than
bulk or remainder lots, the applicant shall reimburse or otherwise contribute to the
appropriate agency for the cost of construction. Provided that reimbursement shall occur
within five years of completion of construction, or if reimbursement is by way of the
applicant taking over bond payments, such repayment shall begin within four years of
completion of construction. Reimbursement of the cost of construction of Kamanu Street
shall not include any costs in excess of those necessary for a County-dedicable road
serving the project area only.
K. [Prior to the issuance of a Certificate of Occupancy for improvements within an
approximately 10 acre portion of Parcel 1 along Kanalani Street Extension between the
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north property boundary and North Access Road, Kanalani Street Extension from the
north property boundary to the North Access Road and the construction of improvements
within the North Access Road/Queen Kaahumanu Highway intersection and North
Access Road, as provided in the TIAR, shall be completed to County dedicablc
standards.] Prior to the issuance of a Certificate of Occupancy for development within an
approximately 48.4-acre portion of parcel 1 (Initial Project Area, as indicated in Exhibit
3a of the November 22, 2017 amendment application),the applicant, successors or
assigns shall construct the following roadway improvements to County dedicable
standards: the Kanalani Street Extension from the north property boundary to the South
Access Road; and the North and South Access Roads between Queen Ka`ahumanu
Highway and the Kanalani Street Extension.
L. Prior to the issuance of a Certificate of Occupancy for improvements within Parcel 2
other than for uses or improvements permitted or allowed as part of the on-going quarry
and related activities, Kamanu Street Extension shall be constructed and available for use
across the entire project area as provided in Condition J above.
M. Prior to the issuance of a Certificate of Occupancy within Parcel 3,the applicant shall
improve the north side of Honokohau Street, meeting with the approval of the
Department of Public Works.
N. Street lights, traffic signals and applicable traffic control devices shall be installed as
required by the Department of Public Works as warranted pursuant to the Manual on
Uniform Traffic Control Devices.
O. In order to address and mitigate potential impacts from non-point source pollutants, the
applicant shall participate with the County of Hawaii in a pilot storm drainage program
for roadways within the Kaloko-Honokohau region. This pilot program may potentially
include other developments within the County and apply to all other government and
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private developments. The applicant shall participate by constructing all roadways within
the proposed industrial-commercial park to County dedicable standards with paved
swales. The drainage system within the road rights-of-way shall, if required by the County
of Hawai`i, include storm drain filtration devices which meet with the approval of the
Department of Public Works, in consultation with the National Park Service, and the
applicable permitting requirements of the Underground Injection Control (UIC) of the
Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination
System of the Federal Clean Water Act. The roadway and related improvements covered
herein shall be considered eligible for dedication to the County of Hawai`i.
P. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review
and approval prior to the issuance of a Certificate of Occupancy.
Q. [An Archaeological Preservation and Burial Treatment Plan shall be submitted for the
review and approval of the Planning Director, in consultation with the Department of
., .. • . . ! . - _ - • . • ' - - • D• .' •_ D i _ -i'! .
Proposed mitigation treatment for the burial sites within the subject property shall be
approved by the SHPD's Hawai`i Island Burial Council before detailed mitigation plans
-- - _ _
and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to
submitting plans for Final Plan Approval, Final Subdivision review or prior to the
issuance of any land alteration permit, whichever comes first.] The applicant, successors
or assigns shall fully comply with the provisions stipulated in the Department of Land and
Natural Resources-State Historic Preservation Division(DLNR-SHPD) approved
Archaeological Preservation Plan and Burial Treatment Plan.
R. [.-:. : ' -- ---.•• . - . . , , •• ..
deposits, human burials,rock or coral alignments, pavings or walls be encountered, work
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work shall proceed upon an archaeological clearance from the DLNR HPD when it is
found that sufficient mitigation measures have been taken.] In the unlikely event that
surface or subsurface historic resources, including human skeletal remains, structural
remains (e.g. rock walls,terraces, platforms, etc.), cultural deposits, marine shell
concentrations, sand deposits, or sink holes are identified during the demolition and/or
construction work, cease work in the immediate vicinity of the find, protect the find from
additional disturbance and contact the State Historic Preservation Division at(808) 933-
7651.
S. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented,the applicant shall comply with the requirements of Chapter 11,Article 1,
Hawai`i County Code, relating to Affordable Housing Policy.
T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
U. Comply with all other applicable laws, rules,regulations and requirements of other
affected agencies.
V. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the enactment of[the] this amended ordinance. The report shall
include, but not be limited to,the status of the development and the extent to which the
conditions of approval are being satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Director, acknowledges that further
reports are not required.
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W. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicant, successors or assigns, and that are not
the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
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).
X. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C� 1c'�'`-4"'t- 4r
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1098.2
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AMENDMENT
TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM OPEN (0)
TO INDUSTRIAL—COMMERCIAL MIXED (MCX-20)
AND GENERAL INDUSTRIAL (MG-1a)
AT HONOKOHAU 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-4-8:Por. 13&30 Date:June 7, 2004
EXHIBIT "A"
FOR REFERENCE ONLY (West Hawaii Business Park, LLC 1127)
REFERENCEONLY