HomeMy WebLinkAboutBIL 035 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
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 WAIĀKEA HOUSELOTS, WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-035:034.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
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:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval.
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.
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.
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), Hawaiʻi County Code.
Plans shall identify all existing and/or proposed structures, paved driveway access, parking stalls and loading zones 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 Rule No.
17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaiʻi County Code.]
All driveway connections to Kalanikoa Street shall conform to Chapter 22 (County Streets) of the Hawaiʻi County Code.
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 Occupancy.
Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicants.
All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. [A drainage study shall be prepared and submitted to the Department
of Public Works prior to 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.]
[K.] J. [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