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Home My WebLink AboutBIL 035 Draft 02 2020-2022 JNtOF Hi COUNTY OF HAWAII STATE OF HAWAII rE•O;F BILL NO. 35 ORDINANCE NO. -(DRAFT 2) 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, HAWAII, 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, Hawaii County Code 1983 [(2005 Edition) (2016 Edition, as amendejd , 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 gU improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for the MCX zoningprior 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 servicecan 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 eoftstfue4ien, the appfiea-PA(s), sueeessor-s of assigns shall seeur-e Final Plan A-ppr-eval for- the proposed development ffem the Planning Dir-eaef in aeeor-danee YAth .Seefien 25 2 70, Chapter- 25 (Zening Cede), Hawai4 Getmty Code. Plans shall identify all exisfing and/ef proposed stiuetufes, paved veway aeeess, par-king sWls and leading zenes asseeiated with the pfoposed develepment. Landseaping shall also be iftdieated on the plans fer- the pwpese ef mitigating a-ay adv v4sual impaas to adjaeent pfopeffies in aeeefdanee with the r-equifemefAs of Nafming Depaftment Rule No. 17 (handseapin Reqtiir-ements), Chaptef 25 (Zening Gede),Hawai'i E. All driveway connections to Kalanikoa Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. -2- F. The applicants shall provide improvements to the [pfepefdes] property's frontagealong Kalanikoa Street consisting of, but not limited to, pavement widening withconcrete 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. 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. [A drainage study shall be Yrv"ure and submitted to the DepaAmei-A of Publie Works prior-to the issuanee of-Fina4 Plan ApprevaL] Any drainage improvements, if required, shall be constructed meetingthe approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. V. -A Selid Waste Management Plan shall be submitted to the Depaftmefit e EnvifenffleftW Managemen4 fef feview and appfeval pr-ief to the issuafiee E) Fina4 Plan Appfeval.] [K-.] L [Should of histefie sites, stieh as r-eek vft-d4s, teffaees, platfefms, ffiafine shell eoneefAfafiens er-human btwials be eneeufAefed, work in the immediate area shall eease and the De pai4ffieftt ef I and and Natufal Resatffees SWe Histefie Pfeser-vation Divisien (DUNR SHPD), shall b-e immediately iietified. Subseqttea4 wefk shall pfeeeed upen an afehaeelegieal eleafanee ffem DLNR SBPD whffi it finds that stiffieient -3- mitigation me es ha-ve been take ff-.]In the 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. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [L-.] 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. [N7] M. [Aff initial ex4ensien of time faf the peffoFmanee ef eenditiens v�ift the er-dinanee may be gfanted by the Planning Dir-eeter-"on the fellewing eir-eumst—ees: i. The non peffefmanee is the festilt of eendifiens that eould not have been fefeseen or-are beyond the eent-fel of the applieafA, sueeessefs e assigns, and that afe net the fesult of their-ft"t or negligenee. 2. GfafAing of the tifne ex4ensien would not be een4afy to the General Plan of Zeiiing Code. -4- 3. Gfanting of the time e�aensien would not be eefftfafy to the efiginal feasens f6f the gfafing of the ehange of zone. 4. The time ex4ensien gfafAed shall be fef a pefied not to ,b +1, pefied efiginally granted fef peffbfmanee (i.e., a eendifieii to-be peffefmed wiauin ene yeaf may be ex4ended for-up to ene addifieiial -5-.] 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. i INT UCED Y: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 234.3 -6- CCS-7 5 C6-7 5 CG-7 5 ML-20 ML-20 OPEN 1 ML-20 i � � I � z � � � I C6-7 5 CG-7 5 CG-7 5 ML-20 ML-20 I 1 RS-10 RS-10 RS-1a RS-10 RS-10 OPEN C Z32s,S MCX-20 ML-20 ML-20 'HAAr- p5-10 SINGLE FAMILY RESIDENTIAL-10,000— ' SQUARE FEET(RS-10) ,a'. TO INOU37MAL-COUMF-RCKL MIXED- 20,000 SQUARE FEET(MCX-20) MCX-2a (22200 SQ.FTI k. { W RS-20 95-10 RS-10 RS l0 RS-10 ML-ra MCX-la HUALAI�II ST. w RS-10 R5-10 RS-20 R5-10 ML-20 ML-20 ML-20 OPEN ML-20 E...; RS-10 F4 ml-lo OPEN R5-1a 0 CCr-2a RS-20 ML-20 RS-10 R5-10 RS-10 MCX-20 OPEN 0 150 300 600 900 1,200 m2o Feet ML-2a AMENDMENT TO THE"" ZONING lo:" AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25(ZONING CODE)OF THE HAWAII COUNTY CGDE 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 {IVIG-20}AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAI-I, PLANNING DEPARTMENT TMK 2-2-35 34 Date May 28,2x �#A FOR REFERENCE QNL 09 EXHIBIT (Oaku(akU- Map 1265)