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Home My WebLink AboutORD 2021-045 2020-2022COUNTY OF HAWAII STATE OF HAWAII BILL NO. 35 ORDINANCE NO. 21 45 (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 Mien) (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 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. [1,,. of to eefist...,,,+:,,r, the applieanl(s), sueeessefs of assigns shall seeiffe Final Plan A-ppr-eval fe the pfopesed development effi the Plafffling Difeetef in aee6r-danee-wit� :S cEti$iz3-2-70, Chapter- 25 iz8 � Code), 6cr'GetRAy Code. Dr miJ hal identify all exist;,,., a-nd/of proposed st.uetufes pavoa dr-iye,. ay . pafking stalls and loading .,te.l with the , development. zenese Landseaping shall alse be indieated en the plans far- the pufpose of mitigating any l.,e«se noiseor-visual iffipaets to .,djaee,,+ propef fies ift ae .,.«,7.,, ee :th the « „ts of Pl.,pi ai g Department Rule No 17 (L fldsea 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 [prepeAies] 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 sttfdy shat be prepared and submitted to the DepaAment of Publie Wer-ks prior- to the issuanee of Final Plan Approval.] ] 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. -3- mitt , atie., me es have been take ]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 (8 08) 933 7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [IJ.] 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. [lam] L. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. IVA rM .............. In 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- CG -7 5 R5-10 CG -7 5 CG -7 5 Ln 0 z ML -20 RS -10 RS -10 MCX-20 � CG -7 5 CG -7 5 CG -7 5 ML -20 R5 -id RS -10 RS -10 R5-iQ ML -20 -10,000p 101 MIXED - FEET (MCX-20) SQ. FT) 72305 roszsanE R5-10 1 1 g'}+ ; i•P?''• k ' MCX-20 SINGLE FAMILY RESIDENTIAL SQUARE FEET TO INDUSTRIAL -COMMERCIAL 20,000 SQUARE (22,300 I RS -10 I RS -10 RS -10 CG -20 I CG -20 RS -10 I R5-10 0 150 300 H LA .d Z Q� x ML -20 OPEN i ML -20 i ' N i I i I ML -20 I RS -10 OPEN 1 I ( ML -20 I MCX-20 z RS 14 RS -10 ML -10 Q � MCX-10 RS -1d R5-10 ML -20 M 10 RS -10 RS -10 MCX-20 of w a ML -10 z ML -20 OPEN OPEN ML -2Q OPEN I / 1,200 / � Feet ML -20 AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I 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, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAI-I, PLANNING DEPARTMENT TMK 2-2-35 34 Date May 28, 2009 I EXHIBIT "A FOR REFERENCE OVL Y" (Daku)aku - Map 1265) SECTION 4. This ordinance shall take effect upon its approval. Kona , Hawai`i Date of Introduction: June 2, 2021 Date of 1st Reading: June 2, 2021 Date of 2nd Reading: June 16, 2021 Effective Date: June 25, 2021 REFERDICE Comm. 234.3 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Ashley Kierkiewicz (B/R) Date Introduced: June 2, 2021 First Reading: June 2, 2021 Published: June 11, 2021 REMARKS: Second Reading: June 16, 2021 To Mayor: June 24, 2021 Returned: June 29, 2021 Effective: June 25, 2021 Published: July 16, 2021 REMARKS: (Draft 2) `571, !; P ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali' i-Kleinfelder X Kierkiewicz X X Kimball X Lee Loy X Richards X Villegas X X 9 0 0 0 ROLL CALL VOTE AYES NOSES ABS EX Chung X David X Inaba x Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL C AIRPERSON rov isapproved this day Of— f 20 --?:L—. L w— MAYOR, COUNTY OF HAWAI `I COUNT�LZRK Bill No.: Reference: Ord No.: 35 (Draft 2) C-234.3/PC-18 Zi 4$