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HomeMy WebLinkAboutPD RECOMMENDATION REPORT BWI IBPLLCAinendREZ2021.crk.11.30.21 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION WEST HAWAI`I BUSINESS PARK, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 18 115 (REZ 1049) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Change of Zone Ordinance No. 18 115 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting to amend Condition J(Kamanu Street construction timing) of Ordinance No. 18 115 to delete language related to alternative financing for and phasing of the construction of the Kamanu Street Extension and adding reference to two (2)new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy (CO). The requested amendment language is as follows. Material to be deleted is bracketed and struck through; new material is underlined: J Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L, [awd]M, N, and O, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street extending from the north property boundary to the south property boundary except as provided in Condition N, below, meeting with the approval of the Department ofPublic Works. [ -1- , , t the to r , F, tl e St eOHStFHetiOH.iO D, ;42-4 tl t ap eflient is OF 02 . k] The applicant further requests to amend the subject ordinance to add new Condition N (roadway/driveway requirements related to the development of TMK 7-4-008:077) and new Condition O (ownership transfer and development of TMK 7-4-008:090). The proposed condition language is as follows (please note Condition N was amended from what was represented in the application based on consultation between the Planning Department and applicant): N. Provided that there is no further subdivision of Tax Map Key (TMK): 7-4-008:077 (Parcel 77),prior to the issuance o a Certificate of Occupancy or anv structure within Parcel 77, the Applicant shall construct the following roadway/access improvements: the Kamanu Street Extension from the existing pavement with TMK: 7-4-020:024 to the southern boundaa of TMK.- 7-4-008:078 to dedicable -2- standards; and internal access improvements with a minimum 20-foot pavement width, meeting with approval ofthe Department ofPublic Works, connecting the terminus ofKanalani Street at the northern boundary of Tax Map Key: 7-4-008:078 to the Kamanu Street right-of-way. Should Parcel 77 befurther subdivided,prior to issuance of Certificate of Occupancy on anv structure within the area, Kamanu Street Extension shall be constructed and available for use across the entire project area as required by Condition J; and O. Upon transfer o ownership to the County ofHawai`i, development and issuance ofa Certificate of Occupancy within TAX: 7-4-008:090 shall not require any improvements pursuant to Condition J, above. In 2018, the County Council approved Ordinance No. 18 115 to exempt the development of a 48.4-acre portion of the West Hawaii Business Park(WHBP) (hereinafter initial development area) from the requirement to construct the Kamanu Street Extension through the entire rezone area between Kaloko Industrial area and Honokohau industrial area(otherwise called `project area' in the ordinance conditions). Since then,the applicant has secured Final Subdivision Approval of the initial development area and entered into a road construction agreement with Isemoto Contracting Company, Ltd. to provide the following roadway improvements: 1)the extension of Kanalani Street between the northern boundary of the project area to the northern boundary of Parcel 78; and 2) construction of the portions of North Access Road (now Kaula`ili Street) and the South Access Road (now Kimo Drive)between Kanalani Street and Queen Ka`ahumanu Highway (see Exhibit 2 of the application). Once the road sections are complete and dedicated to the County, final occupancy permits can be granted to properties within the initial development area for commercial, retail, and light industrial uses without triggering the required construction of Kamanu Street. Concurrent with this timeline, the following prospective developments have been proposed for two (2)parcels outside of the initial development area: 1. The applicant has entered into an agreement with an interested parry for the acquisition of a 31.145-acre portion of the WHBP identified as TMK 7-4-008:077 (Parcel 77)to establish a single use under single ownership. Based on this single- -3- ownership and use, the property will not require subdivision into smaller lots as initially anticipated by the applicant. Therefore, the prospective buyer would like to provide access to Parcel 77 from the Kamanu Street Extension, which will be partially constructed from its existing pavement within TMK:7-4-020:013 to the southern boundary of TMK: 7-4-008:078 (Parcel 78)to County dedicable standards, including the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street construction plans. Once complete, this section of Kamanu Street will connect from the mauka end of the project, through Parcel 77 to the southern terminus of the Kanalani Street Extension currently under construction at the makai portion of the property via a 20-foot wide,private internal driveway meeting with the requirements of the County of Hawaii Department of Public Works (see Exhibit 4 of the application). This would be done in lieu of the construction and dedication of County dedicable roadways within the property, as would be required by the approved circulation plan in the case of the property being subdivided. Based on consultation with the Planning Department, the applicant amended their original proposal for Condition N to require the completion of the Kamanu Street Extension through the rezone area prior to issuance of a CO should this current proposal not be realized, and Parcel 77 be further subdivided. 2. The applicant is in the process of dedicating a 2.596-acre site, identified as TMK: 7-4-008:090 (Parcel 90), to the County for development of a regional sewer pump station (SPS)by the Department of Environmental Management. This SPS is part of the sewer infrastructure necessary to connect the existing sewer lines within Queen Ka`ahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe Wastewater Treatment Plant. The acceptance of the dedication deed is currently in process by the Hawaii County Council. As both of these parcels are situated outside of the initial development area, no occupancy permits can be issued without triggering the completion of the entire Kamanu Street Extension across the rezone area, which would be cost prohibitive for these uses. Therefore, in order to facilitate the development and occupancy of structures and uses on -4- these two (2)properties, the requested amendments to Ordinance No. 18 115 are necessary. Finally, the applicant is also requesting deletion of a section of Condition J that provides the ability to develop the Kamanu Street Extension in phases as well as providing for alternative funding options (e.g., Improvement Districts or Community Facilities Districts) for its construction. The applicant has determined that these options are not viable for the development of Kamanu Street and will instead utilize proceeds from the sale of properties within the WHBP to privately finance Kamanu Steet extension construction. If the requested amendments are approved, Condition J would still require the completion of the remainder of the Kamanu Street Extension before any further development/occupancy can occur in the remaining portions of the WHBP, including 85 acres of MCX zoned lands and 85 acres of MG zoned lands. Approval of this amendment request would not be contrary to the General Plan, Kona Community Development Plan or Zoning Code nor the original reasons for granting the Change of Zone. Prior to the 2005 General Plan (GP)update, the project area was designated Industrial and Urban Expansion on the LUPAG Map, however, the 2005 update transitioned the entire project area into the LUPAG Industrial designation and there have been no changes to the LUPAG since. The General Industrial (MG-1) and Industrial-Commercial Mixed (MCX-20) zoning is consistent with the LUPAG Industrial designation. Additionally, GP policies encourage the acquisition of sites for sewerage pump stations and require major developments to connect to existing sewer treatment facilities. The proposed amendments facilitate compliance with these policies. The Kona Community Development Plan (CDP)was adopted by Ordinance No. 08-131 on September 25, 2008, by the Hawaii County Council. The project site is situated within the Kona Urban Area(KUA) and a portion of the project area is situated within the Honokohau Village Regional Center TOD. The Kona CDP Transportation Network map identifies Kamanu Street Extension through the project site as a Major Collector Road and identifies Kanalani Street Extension through the project site as a Minor Collector Road. Construction and dedication of the proposed roadway alignments and the proposed internal driveway through Parcel 77 will support and implement the -5- Kona CDP's general objective of increasing street inter-connectivity within the Kona Urban Area. The change of zone was originally approved in 2004 to allow the development of Phase 1 of the West Hawaii Business Park to include commercial, light industrial and industrial uses. The project area is situated between two existing industrial areas, Kaloko Industrial Park to the north and Honok6hau Industrial area to the south. The project area includes an existing quarry and related uses and has since been developed with the Kaiser Permanente Medical Office on Parcel 3. The approval of the General Industrial and Industrial-Commercial Mixed zoning was and remains consistent with the existing uses within the project site and surrounding areas and will allow the development of a new, single use within Parcel 77 and SPS on Parcel 90 as permitted uses. Moreover,the reasons for approval of the change of zone still apply, namely, conformance to the General Plan LUPAG industrial designation and associated land use and economic policies and meeting the demand for additional, industrial zoned lands in an area that has few physical constraints to development and is adequately served by essential utilities and services. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. Access to the initial development area is currently taken from Queen Ka`ahumanu Highway via two (2) roadways, Kimo Drive (formerly known as the South Access Road), a signalized, four-legged intersection and Kaula`ili Street(formerly known as North Access Road), which is limited to right- in/right-out movements. The applicant has secured construction plan approval and entered into a road construction contract to complete the roadway segments to County dedicable standards as currently required by Condition K of the subject ordinance (the remainder of Kimo Street and Kaula`ili Street between the highway and the Kanalani Street Extension and Kanalani Street from its existing terminus in the Kaloko Light Industrial area south to Kimo Street). While not required under Condition H, the approved roadway construction plans, and road construction contract include the further extension of Kanalani Street between Kimo Street and the northern property boundary of Parcel 78. -6- Additionally, new Condition N will require the applicant to extend Kamanu Street from its existing pavement within TMK: 7-4-020:013 (please note, the applicant inadvertently identified this as TMK 7-4-020:024, thus the Director is recommending to amend the condition correcting this)to the southern boundary of Parcel 78 to County dedicabee standards (which include the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street Extension construction plans) and construct an internal driveway with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works. According to the applicant, this driveway will provide an internal connection between Kanalani Street and Kamanu Street that will be open and accessible to the public during normal business hours of the proposed single use on the property, thus providing an alternate route between Hina Lani Street and Kealakehe Parkway. County water is available to the project site and required water system improvements for the Phase 1 project area are subject to various Well Site and Off-Site Improvement Agreements between the applicant and the Department and Board of Water Supply. Maintenance of water commitments remain a condition of approval. According to the State Department of Transportation, the proposed amendments and roadway improvements are consistent with the approved Roadway Circulation Plan meeting with the requirements of Condition I of the subject ordinance and would have no significant, direct impacts to State highways, thus no additional traffic studies are required to support the proposed amendments. There are currently no County sewer lines serving the project site, however, conditions of the State Land Use Boundary Amendment(SLUBA)Docket No. A00-730 articulate requirements and limitations on enhanced individual wastewater systems in the near term and require projects in the petition area to be developed with dry sewer lines to eventually connect to the Kealakehe Wastewater Treatment Plan (WWTP)when a connection is available. The applicant has and will continue to comply with these conditions. To assist with the eventual connection of the project to the WWTP, the applicant has dedicated Parcel 90 to the County for the construction of a regional sewer pump station. -7- Solid waste will be disposed of at the County's Pu`uanahulu landfill, approximately 18 miles north of the site and the applicant will comply with their approved Solid Waste Management Plan. The proposed development is not expected to have a significant negative impact on botanical resources, nor is it considered to be an essential habitat for any native terrestrial vertebrate species and there is no federally designated critical habitat for birds in or near the site. Condition Q of the current ordinance (to be re-lettered to Condition S if the amendments are approved)requires compliance provisions of the SHPD approved Archeological Inventory Survey, Archaeological Preservation Plan and Burial Treatment Plans that address five (5)burial sites, seven (7)non-burial sites in the project area. Those sites and associated buffers and treatment will be preserved within an interpretive preservation complex within in Parcel 78. Remnants of two (2)trails are situated within Parcel 78, the Mamalahoa Trail (Site 00002)which runs parallel to Queen Ka`ahumanu Highway and whose interest was sold to Lanihau Partners in 1973 and the Honok6hau Historic Trail (Site 18099), which runs in a mauka-makai direction from Kaloko Mauka to the Aimakapa`a Fishpond and intermittently traverses the center of the Parcel 78 preserve as a kerbstone trail. The approved preservation plan allows for a breach of the Honok6hau Historic trail to extend Kanalani Street into Parcel 77. According to a 2006 abstract memo from the Na Ala Hele Statewide Trails and Access Program (Na Ala Hele)this trail is subject to the Highway's Act of 1892 and thus eligible to be claimed by the State. However, consultation with Na Ala Hele's trail specialist at the time indicated that since the state sold sections of the Mamalahoa Trail to the applicant, Na Ala Hele was not interested in the mauka-makai remnants of the Honok6hau Historic Trail for programmatic purposes (e.g., hiking trail), nor did the trail have linear recreation or access value. However, a revised abstract memo, dated July 14, 2021, was issued clarifying statements on the disposition of the trail from the first memo and confirming that while the trail remnant did not serve a Na Ala Hele program purpose at the time, the trail is still owned in fee simple by the State pursuant to the State Highway's act of 1892 and HRS 264-1(b). Thus, according to Na Ala Hele, any breach of -8- the trail would require the purchase of an easement from DLNR Land Division subject to the approval of the Board of Land and Natural Resources. Despite this claim, the applicant has been in communication with the State to determine if an alternative agreement can be reached to permit the crossing of the trail. Based on the preceding, the Director is recommending amending new Condition S to require either the previously mentioned easement or an alternative agreement prior to the breach of the trail. Condition No. 12 of LUC Docket No. A00-073 requires the installation of a solar powered siren in a central location as determined by the County of Hawaii and State Civil Defense agencies. The applicant will install the siren as required by these agencies. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use,prior to and during its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), compliance with State Health Department environmental/sanitation/health related regulations, drainage plan, among many others. Compliance with all applicable governmental requirements is a condition of this approval, and failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 18 115. In addition, the Planning Director recommends clarifying revisions to Conditions J and K to replace `property boundary' with `project boundary' as the previously referenced property has been subdivided, clarifying amendments to proposed Condition O, and other non-substantive amendments to existing conditions in the ordinance to reflect current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material is underlined. -9- M'Sw. F 14 COUNTY OF HAWAI`I T• STATE OF HAWAI`I pA'�F2lFM►+11 BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE AMENDING ORDINANCE NO. 18 115 WHICH RECLASSIFIED LANDS FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20)AND GENERAL INDUSTRIAL (MG-la) AT HONOKOHAU lsT AND 2ND, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-4-008:013 & 030. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Section 2 of Ordinance No. 18 115 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaiei 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. INSERT CONDITIONS SECTION 3. Material to be deleted is bracketed and stricken. New material is underscored. -1- SECTION 4. 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. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -2- CWI IBPLLCAinendREZ.crk.11.19.21 WEST HAWAI`I BUSINESS PARK, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 18 115 (REZ 1049) CONDITIONS OF APPROVAL A. The applicant, successors,or assigns (Applicant) shall be responsible for complying with all of the stated conditions of approval. B. The [appliea-ft ]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. The [ ]Applicant 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 [applieant, stiEetsers-or- s igns]Applicant 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 was effective upon adoption of 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 [appliea* ]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 [appliea-n ]Applicant on its subdivision plans. E. Prior to construction on the proposed lots, the [applie^r* ^r as-sig s]Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. 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 the Landscaping Master Plan approved by the Planning Department on December 1, 2009,and/or any approved amendments thereto. F. The [ pplieantstieeesser-s or- ]Applicant 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 by the Planning Director in consultation with the Department of Public Works and the State Department of Transportation, if warranted by a significant change in circumstances or as may be required by the Department of Public Works during the design and review of construction plans for future road segments. 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 project impacts shall be implemented 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. Access to Parcel 1 from Queen Ka`ahumanu Highway shall be limited to the North Access Road and the South Access Road signalized intersection under such terms and conditions required by the Department of Transportation. L The [ pplie, tstieeesser-s or- ]Applicant 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. 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, [ ] M, N, and O,below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The [appliea-n ]Applicant shall construct Kamanu Street extending from the north [per] rp oject boundary to the south [pr-epefty] rp oject boundary except as provided in Condition N, below, meeting with the approval of the Department of Public Works. [A4 its eenstmeted to fieft dedieable standards) fneeting with the safety and— fifst stage, e*e1tfdi*g lafge lots of femai*def lots. 1*t4e eve*t tha+Kama-fttf Street is dedie4e the Kafnanti Street right of way to the Geti� 4 fie eest, and the Kafnanti Street years of eempletion of or-if r-eimbtir-sement is by way of t4e applieat4 taki*g ever-bend pa-yfnents, sti 11 begin wit4ifi fatir-years of eempleti K. Prior to the issuance of a Certificate of Occupancy for development within an approximately 48.4-acre portion of[pafeel]Parcel 1 (Initial Project Area, as indicated in Exhibit 3a of the November 22, 2017 amendment application), the [ or-assigns]Applicant shall construct the following roadway improvements to County dedicable standards: the Kanalani Street Extension from the north [per] rp oject 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 [applieft-flt] Applicant shall improve the north side of Honokohau Street, meeting with the approval of the Department of Public Works. N. Provided that there is no further subdivision of TMK: 7-4-008:077 (Parcel 77), prior to the issuance of a Certificate of Occupancy for any structure within Parcel 77, the Applicant shall construct the following roadway/access improvements: the Kamanu Street Extension from the existing pavement within TMK: 7-4-020:013 to the southern boundary of TMK: 7-4-008:078 to County dedicable standards, and internal access improvements with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Tax Map Key: 7-4-008:078 to the Kamanu Street right-of-way. Should Parcel 77 be further subdivided, prior to issuance of Certificate of Occupancy for any structure within the area, Kamanu Street Extension shall be constructed and available for use across the entire project area as required by Condition J. O. Upon transfer of ownership to the County of Hawaii by the Applicant, development and issuance of a Certificate of Occupancy within TMK: 7-4-008:090 shall not require any improvements to Kamanu Street pursuant to Condition J, above. [N-] P. 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. [0-.] Q. In order to address and mitigate potential impacts from non-point source pollutants, the [appliea* ]Applicant shall participate with the County of Hawaii in a pilot storm drainage program for roadways within the Kaloko-Honok6hau region. This pilot program may potentially include other developments within the County and apply to all other government and private developments. The [applieaft ]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 Hawaii, 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 Hawaii. [g] R. 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. [�] S. The [applican4 ]Applicant 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. Prior to crossing the Honok6hau Trail, for which the State of Hawai'i has made a claim of ownership, the Applicant shall enter into an agreement with the State as to such crossing, or secure a perpetual, non-exclusive access easement from the DLNR-Land Division with approval from the State Board of Land and Natural Resources. [P,.] T. In the [may] 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, the Applicant shall 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. [ ] U. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the [applicant successors or assigns]Applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code, relating to Affordable Housing Policy. [-T-.] V. 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-.] W. Comply with all other applicable laws, rules, regulations and requirements of other affected agencies. [V] X. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of 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. [WL.] Y. 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, 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-.] Z. 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. RS75 L A-5a - A- a_ v RS'lo , RM LOPENJ RS•f0 .Mahaw le';a� � i � RS-15 - A 5a glla St. A 1a A-5a W - A-5a A Sa A-5a PAkEL 2 OPEN(0)TO e �� ENERAL-INIJUSTRIAL MG-1 A76a 3 A-5a 85.733 ACS. ppEK -- RS-7.5 - ' pP�N \ O + A-5a PEN 3?0,52 3�5 N r: I322,3q3.41 E OPEN _ RPEN PARCE6 "HA WA Ili PLANE COORDINATE OPEN a OPEN 0 0 I. GRII.)SYSTEM ZONE 1„ ( ) INDUSTRIAL•Cp ME f CIAL AiSa ^• ; '_i;I - -'� i MIXED MC •20 r v 1• ...--_" MCX-Ia /� -I --_ .901 c -� 1 t - ML-fa -X OPEN dPEN 1ML 1 a + Ou N MCX-ia = ML-fa �_ ML fa , i+ ri (�ye�n ��V OPEN W m r OPEN I 01' ML-faco yc Nam. NLL} i OPEN I m j a humaru 306,466.91 N o Queer a OPEN 321,393.14 E , "HA WA11 PLANE CORD ATEf I ii GRID SYSTEM ZOt 1" - 310,073.83 N OPENI 320.034.85E { _-- OPEN "HAWA,#PLANE COORDINATE I� ,:GRIUS�STEM�o E1" ( Honokohau OPEN \ \RS-101 ((( A RS-10\ Bay - �� OPEN { ARCEL 1 OPEN OPEN (0)TO OPEN RS.10% y-1251 INDUSTRIAL-COMMERCIAL _ MIXED(MCX-20) _ c- i4m_3-r Cv 10 186.733 ACS. 2,500 1,250 0 2,500 5,000 7,500 10,000 12.500 Feet 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:4127)