REP PC 007 02/01/2005 2004-2006 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON PLANNING DATE: February 1, 2005 RE: Communication No. 821/Bill No. 356 PLACE: Councilroom TIME: 1:30 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 821 and Bill No. 356, transmitted by Mayor Harry Kim, dated October 15, 2004, regarding a Change of Zone Request by Continental Pacific LLC, at Makahanaloa, South Hilo, Hawaii, TMK: 2-8-8:103, Por. 103, Por. 104, Por. 95, and Por. 3., reports as follows: Bill No. 356 seeks to amend Section 25-8-35 (Pepeekeo Zone Map) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification from Village Commercial (CV-10), Limited Industrial (ML 20), and General Industrial (MG-Sa) to Single Family Residential (RS-20) and from Agricultural (A-20a) to Limited Industrial (M L-20). In Bill 356, Section 2, in accordance with Section 25-2-44, Hawaii County Code, the 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 potentially deleterious effects of the propose use; or B. Fulfillment of the need for public service demands created by the proposed use. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval: I . The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. Comply with all requirements of the Department of Water Supply regarding potable water. 2. Final subdivision approval of the proposed subdivision within the proposed single family residential zoned area shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. 3. The project, including the provision of public access to and along the shoreline, limitation on the number of dwellings in the RS zone, and furnishing of water to the lots, shall be completed in substantial compliance with the Settlement Agreement dated April 12, 2002. 4. Final plan approval for the industrial-zoned lands shall be secured from the Planning Director in accordance with the zoning code. Plans shall identify proposed structure(s), fire protection measures, and access roadway, driveway and parking stalls. Landscaping shall be provided in accordance the requirements of the Planning Department's rule number 17 (landscaping requirements). 5. All development-generated runotl shall be disposed of on-site and not be directed toward any adjacent properties. 6. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 7. All dwellings shall he served by an approved septictank/leach field system.