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Home My WebLink AboutBIL 035 Draft 01 2020-2022 OJ�SY OFM�, COUNTY OF HAWAII STATE OF HAWAII BILL NO. 35 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09 138 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED—20,000 SQUARE FEET(MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2- 035:034. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 09 138 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2005 Edition)] (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(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. -1- B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicants shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the"Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this amended ordinance. The applicant, 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 the MCX zoning prior to the issuance of a Certificate of Occupancy. C. The applicants shall install a reduced pressure type backflow prevention assembly within five(5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply before water service can be activated. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this amended ordinance. [Prior to construction, the applicant(s), 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, any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code),Hawai`i County Code.] E. All driveway connections to Kalanikoa Street shall conform to Chapter 22 (County Streets) of the Hawai`i County Code. -2- F. The applicants shall provide improvements to the [properties] property's frontage along Kalanikoa Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of p Occupancy. G. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicants. H. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. [ the issuance of Final Plan Approval.] Any drainage improvements, if required, shall be constructed meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. {J. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval.] [IC] J. [. . . . .. • . - . - s . - , . - . -- , immediate area shall cease and the Department of Land and Natural ' - - • ' - - ' �. -3- -- _ •. -• . . . .]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. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [h] K. 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. [M--] L. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. - - 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. -4- 3. Granting of the time extension would not be contrary to the original reasons for the grating of the change of zone. /l. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.c., a condition to beYeaST If the applicant(s), successors, or assigns should require an additional extension of time, the Planning Department shall submit the applicants' request to the County Council for appropriate action. 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 deleted 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRO CED BY: C I IL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 234 -6- ML 20 OPEN ML-20 ML 20 CG-7 5 CG-7 5 CG-7 5 ' NCr)QVI P. 0 .4-4, i CG-7 5 CG-7 5 CG-7 5 ML-20 ML-20 _ I R5-10 R5-10 R5-10 R5-10 RS-10 OPEN 723 00.5 MCX-20 ML-20 1Q61900E I ML-20 7-fALA7- RS-10 — SINGLE FAMILY RESIDENTIAL-10,000 .,�,r: SQUARE FEET(RS-10) x ' ,rid,..-'- • TO INDUSTRIAL-COMMERCIAL MIXED- �. ' ,'''.i 20,000 SQUARE FEET(MCX-20) g. .',i, ' (22,300 SQ.FT) . ,•, , -,,: t f MCX-20 O W Q R5-10 RS-10 R5-10 R5-10 R5-10 ML-10 ¢ MCX-10 HUALANI ST. w R5-10 RS-10 RS 10 R5-10 W O ML-10 ML-20 Z ML-20 OPEN ML-20 I R5-10 E" Q ML 10 OPEN R5-10 p x CG-20 Z R5-10 ML-20 •-.1 ,.1 R540 RS-10 R5-10 MLX-20 I OPEN 0 150 300 600 900 1,200 CG-20I I I Feet ML-20 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT TMK 2-2-35 34 Date May 28,2009 EXHIBIT"A FOR REFERENCE ONL Y (Daku,aku- Map 1265)