HomeMy WebLinkAboutBIL 016 Draft 01 2018-2020 Hawaii County Council-8 March 28,2019
Bill 16: AMENDS ORDINANCE NO. 92-122, WHICH RECLASSIFIED LANDS
FROM RESORT-HOTEL, SAFETY(V-S-.75) TO LIMITED INDUSTRIAL
(ML-20)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEYS: 2-2-033:011, 012, 019, AND 020
(Applicant: Piilani Partners LLQ (Area: approx. 2.5712 acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment, which would allow a five-year time extension to comply with
Condition C (Final Plan Approval) and Condition D (Complete Construction).
The applicant is requesting the extension to develop a potable water well and
bottling facility and related improvements on the approximately 31,000 square
feet portion of this property. The property is located at 525 Pi`ilani Street, at the
northeastern corner of Pi`ilani Street-Mililani Street intersection.
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Reference: Comm. 64
Intr. by: Ms. Kierkiewicz(B/R)
Approve: PC-8
POSTPONED TO THE CALL OF THE CHAIR:
Ayes: Council Members Chung,David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Richards, Villegas,
and Acting Chair Eoff—8.
Noes: None.
Absent: Council Member Poindexter— 1.
Excused: None.
Page 10
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COUNTY OF HAWAPISTATE OF HAWAII
r7Tp OF Hp.....
BILL NO. 16
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 92 122, WHICH RECLASSIFIED LANDS
FROM RESORT-HOTEL, SAFETY (V-S-.75) TO LIMITED INDUSTRIAL(ML-20) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-033:011, 012,
019 AND 020.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 92 122 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, its successors or assigns shall comply with all of the stated conditions of
one year from the effective date of the change of zone.
B. Final consolidation approval of the subjec : .. -•- . - - . - ..' -•- - - . .
from the effective date of the change of zone.
C. Final plan approval for the proposed fish processing/warehouse/office facility and related
improvements shall be secured from the Planning Department within one year from the
with the proposed development.
D. Construction shall commence within one year from the date of receipt of Final Plan
Approval and be completed within two years thereafter.
E. 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.
F. Access to the project site shall meet with the approval of the Department of Public
Works.
appropriate governmental agencies.
H. That portion of Piilani Street fronting the project site shall be improved to commercial
standards. This improvement shall be constructed in a manner meeting with the approval
of the Department of Public Works, prior to the issuance of a certificate of occupancy for
the proposed development.
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Upon the development of parcels along the unconstructed portion of Mililani Street in the
• - -• - _ -- - . . - :! --
J. A drainage system, if required, shall be installed meeting with the approval of the
.- .. --
the Departments of Public Works, Health and Fire.
L. 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 may,
at the developer's election,be satisfied by p- :-• . - •- • •. - .,' - --
requirements of the Unified Impact Fees Ordinance.
1A A - . . .. . .. . . . . •- . . -- I . . • ' . . '. . -
condition shall remain in effect until all of the conditions of approval have been complied
with and the Planning Director acknowledges that further reports are not required.
N. An extension of time for the performance of conditions within the ordinance may be
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be performed within one year may be extended for up to one additional year); and 5) if
the applicant should require an additional extension of time, the Planning Director shall
designation.
agencies.]
A. The applicant, its successors or assigns shall comply with all of the stated conditions of
approval.
B. Construction of the proposed development, as substantially represented by the Applicant.,
or as permitted by its zoning district classification, shall be completed within five (5)
years from the effective date of this amendment. Prior to construction, the applicant, its
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
structure(s), fire protection measures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall be indicated on the plans for the
purpose of mitigating any adverse noise or visual impacts to adjacent properties. Front
yard and bufferyard landscaping shall be designed, installed and maintained in accordance
with the Industrial/Residential zone standard bufferyard requirements of Planning
Department's Rule No. 17 (Landscaping Requirements).
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C. The applicant, its successors or assigns shall provide improvement to the entire frontage
of Piilani Street to commercial standards, consisting of, but not limited to pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, any required
utility relocation, and installation of street lights and traffic controls as required by and
meeting the requirements of the Department of Public Works. All roadway improvements
to Piilani Street shall be completed prior to the issuance of a Certificate of Occupancy for
any use permitted in the Limited Industrial (ML) zoning district.
D. Upon the development of parcels along the unconstructed portion of Mililani Street in the
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immediate vicinity of the subject properties, the applicant, its successors, or assigns shall
either participate in the construction of Mililani Street or provide a fair share contribution
of its construction at a time and in a manner meeting with the approval of the Department
of Public Works.
E. All driveway connections to County Streets shall conform to Chapter 22, County Streets
of the Hawai`i County Code.
F. If required by the Director of the Department of Environmental Management (DEM), the
applicant, its successors, or assigns shall conduct a sewer study prior to connection to the
County sewer system. The applicant shall provide sewer line or other facility
improvements as the Director of DEM may reasonably require, which the sewer study
may indicate are advisable for mitigation of impacts of the proposed project.
G. Prior to the issuance of a certificate of occupancy for any use permitted in the Limited
Industrial (ML) zoning district, the applicant, its successors, or assigns shall secure a
County Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawai`i County Code, complete a Sewer Extension Application and install
sewer lines within Piilani Street to connect with the County's sewer system, meeting with
the approval of the Department of Environmental Management.
-5-
H. The applicant, its successors, or assigns shall not discharge unpolluted water into County
Sewers as prohibited by Section 21-8, Hawai`i County Code,
The applicant, its successors, or assigns shall provide maximum daily water usage
calculations prepared by a professional engineer licensed in the State of Hawai`i, and a
water commitment deposit in accordance with the"Water Commitment Guidelines
Policy" shall be submitted to the Department of Water Supply prior to submittal of plans
for Plan Approval review by the Planning Department. Based upon the calculations, if
required, the applicant shall install a larger or additional service lateral or meter, and
remit the prevailing facilities charge to the Department of Water Supply. The applicant is
responsible for maintaining valid water commitments to support the proposed
development until such time that required water facilities charges are paid in full.
J. The applicant, its successors, or assigns shall install a reduced pressure type backflow
prevention assembly within five (5) feet of the existing water meter and any additional
water meters on private property. If a larger or additional meter is required, a backflow
prevention assembly will also be required for that meter. The installation of the backflow
prevention assembly(s) shall be inspected and approved by the Department of Water
Supply before commencement of water service.
K. Subject to other agencies' requirements to construct improvements within the road right-
of-way fronting the property affected by the proposed development, the applicant, its
successors, or assigns shall be responsible for the relocation and adjustment of the
Department's affected water system facilities, should they be necessary, which may
include conveying the water system improvements and necessary easements to the Water
Board.
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L. The applicant, its successors, or assigns shall implement any improvements required by
the Fire Department and/or Department of Water Supply to ensure that fire protection
requirements can be met for Limited Industrial zoning_
M. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire fencing
shall not be used in the permit area and woody vegetation over 15 feet in height shall not
be disturbed, trimmed or removed during bat birthing and pup rearing season of June 1st
to September 15th without first conducting surveys for bat nests and coordinating with
US Fish and Wildlife Service (USFWS) if nests are found. Surveys shall be conducted
by a qualified biologist.
N. To protect any Hawaiian hawks in the vicinity of the property, ground clearing, grubbing
activities and construction shall not occur in the permit area during hawk breeding season
of March to September without first conducting surveys for hawk nests and coordinating
with USFWS if nests are found. Surveys shall be conducted by a qualified ornithologist.
0. To protect any seabirds (Hawaiian petrels,Newell's shearwaters and band-rumped storm
petrel) in the vicinity of the property, any lighting shall be fully shielded so that the bulb
can only be seen from below bulb height. The lights shall be turned off when human
activity is not occurring in the lighted area.
P. 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.
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Q. 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.
R. The applicant, its successors or assigns shall comply with all other applicable laws, codes,
rules, regulations and requirements of affected agencies for the development of the
subject property.
S. If the applicant should require an additional extension of time, the Planning Director shall
submit the applicant's request to the Planning Commission and County Council for
appropriate action.
Should any of the conditions not be met or substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its original or more appropriate designation."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets,bracketed and stricken material, and
underscoring need not be included.
SECTION 3. [ . - - . . . .- •- - -• - -• - . . . -
invalidity shall not affect the other parts of this ordinance.] 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.
-8-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF AWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 64
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AMENDMENT TO THE ZONING . CODE
AMENDING SECT1ON 25-114 (CITY OF !-HIL..O ZONE
MAP) A1QTICLE 3, cHAPTE1S 2.5 (ZONrNG CODe) OF
THe I1AI A11 COUNT-7' coDE B7' c1-HAN51Na THE
P1STRICT CLASStF1CATleh1 FIQOM rzeno)T-HOTEL,
SAFETY (V- S-_-751 TO Lttv11TED 1NOU3TIQtAL- (M t_-
20) AT WAMAKEA, SOUTH I-111-o, HAWAII_ .
p1QEPAl'ikmo B7 : PLANNING DEPARTMENT
couNT7 or HAWAII
TMK = --a-ate = It, I'., 7 AND - -o AuG- , 1aJS'2.
FXHIRIT �
" " FOR REFERENCE ONLY ( in •'," COMpal'ty'' LI N1ITEl )
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