HomeMy WebLinkAboutORD 2021-049 2020-2022COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 34
ORDINANCE NO. 21 49
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM OPEN TO INDUSTRIAL — COMMERCIAL MIXED — 20,000 SQUARE FEET
(MCX-20) AT PIOPIO, WAIAKEA, HAWAII, COVERED BY TAX MAP KEY: 2-2-001:008,
017, 018, 019, 024, 030, AND 034.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Piopio, Waiakea,
Hawaii, shall be Industrial -Commercial Mixed Districts — 20,000 square feet (MCX-20):
LOT 12-A
Beginning at the northwest corner of this parcel of land, being the north corner of
Lot 12 of Block "E" of the "PIOPIO SUBDIVISION" and on the south side of
Kamehameha Avenue, the coordinates of said point of beginning referred to. Government
Survey Triangulation Station "HALAI", being 2,038.16 feet North and 8,177.16 feet
East, and running by azimuths measured clockwise from True South:
1.
2.
257° 12' 76.93 feet along Kamehameha Avenue;
Thence along the remainder of Parcel 14, along a curve to the right with a radius
of 1,452.70 feet, the chord azimuth
and distance being:
290' 10' 25" 35.14 feet,
3.
290°
52'
24.58
feet along the remainder of Parcel
12'
197.84
feet along Lot A-5 and Lot A-4;
14;
4.
21°
00'
39.58
feet along the Land of Waiakea;
5.
110°
52'
24.48
feet along Lot 12 of Block "E" of
"PIOPIO SUBDIVISION";
6.
Thence, along same, along
a curve to the left with a radius of 1,413.11 feet, the
chord azimuth and distance being:
108°
51' 16.5"
99.23
feet to the point of beginning and
containing an area of 3,615 square
feet, more or less.
LOT A-1
Beginning at the northwest corner of this parcel of land, being the north corner of
the Baitfish and Fisheries Facility, Executive Order 3564 and on the south side of
Kamehameha Avenue, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 1,952.56 feet North and 8,400.38 feet East,
thence running by azimuths measured clockwise from True South:
1. 257°
12'
260.45
feet along Kamehameha Avenue;
2. 347°
12'
197.84
feet along Lot A-5 and Lot A-4;
3. 77° 12'
4. 167° 12'
260.45 feet along Lot A-2;
197.84 feet along Baitfish and Fisheries
Facility, Executive Order 3564 to the
point of beginning and containing an
area of 51,527 Square Feet or 1.183
Acres, more or less.
-2-
LOT A-2
Beginning at the northwest corner of this parcel of land, being the southwest
corner of Lot A-1 and on the east side of the Baitfish and Fisheries Facility, Executive
Order 3564, the coordinates of said .point of beginning referred to Government Survey
Triangulation Station "HALAI" being 1,759.63 feet North and 8,444.21 feet East, thence
running by azimuths measured clockwise from True South:
1. 257° 12' 260.45 feet along Lot A-1;
2. 347° 12' 37.00 feet along Lot A-4;
3. 9° 26' 26.36 feet along Lot A-3;
4. 347° 12' 44.64 feet along Lot A-3;
Thence following along the north
edge of Wailoa River for the next
three (3) courses, the direct azimuths
and distances between points being;
5. 77° 42' 139.51 feet;
6. 91' 20' 14.00 feet;
7. 91' 21' 100.44 feet;
8. 167' 12' 76.85 feet along Baitfish and Fisheries
Facility, Executive Order 3564 to the
point of beginning and containing an
area of 0.605 Acre, more or less.
LOT A-3
i
Beginning at the north corner of this parcel of land, being the southeast corner of
Lot A-4 and being the west corner of Lot A-7, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI" being 1,799.24 feet
North and 8,785.54 feet East, thence running by azimuths measured clockwise from True
South:
-3-
1. 347°
12'
55.09
feet along Lot A-7;
2. 347'
12'
29.03
Thence following along the north
3. 6'
16'
137.03
edge of Wailoa River, the direct
4. 77°
12'
81.18
azimuth and distance between points
5. 167°
12'
158.54
being:
2. 68°
30'
92.22
feet;
3. 167'
12'
44.64
feet along Lot A-2;
4. 189°
26'
26.36
feet along Lot A-2;
5. 257°
12'
81.18
feet along Lot A-4 to the point of
beginning and containing an area of
0.122 Acre, more or less.
LOT A-4
Beginning at the northwest corner of this parcel of land, being the south corner of
Lot A-5 and on the east side of Lot A-1, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI" being 1,935.85 feet
North and 8,671.26 feet East, thence running by azimuths measured clockwise from True
South:
1. 257°
12'
125.94
feet along Lot A-5;
2. 347'
12'
29.03
feet along Lot A-6;
3. 6'
16'
137.03
feet along Lot A-7;
4. 77°
12'
81.18
feet along Lot A-3;
5. 167°
12'
158.54
feet along Lot A-2 and Lot A-1 to
the point of beginning and
containing an area of 17,068 Square
Feet, more or less.
in
LOT A-5
Beginning at the north corner of this parcel of land, being the northwest corner of
Lot A-6 and on the south side of Kamehameha Avenue, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI" being
2,038.16 feet North and 8,777.16 feet East, thence running by azimuths measured
clockwise from True South:
1. 347° 12' 76.30 feet along Lot A-6;
2. 77' 12' 125.94 feet along Lot A-4;
3. 167° 12' 76.30 feet along Lot A-1;
4. 257° 12' 125.94 feet along Kamehameha Avenue to
the point of beginning and
containing an area of 9,609 Square
Feet, more or less.
LOT A-6
Beginning at the northwest corner of this parcel of land, being the north corner
of Lot A-5 on the south side of Kamehameha Avenue, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI" being
2,038.16 feet North and 8,777.16 feet East, thence running by azimuths measured
clockwise from True South:
1. 288°
51' 16.5"
99.23
2. 290'
52'
24.48
3. 290'
44'
52.46
-5-
Following along Lot 12-A, along a
curve to the right with a radius of
1,413.11 feet, the chord azimuth and
distance being:
feet;
feet along Lot 12-A;
feet;
4. 15'
30'
91.38
5. 110'
44'
126.26
6. 167° 12'
LOT A-7
105.33
Thence following along the edge of
Wailoa River, the direct azimuth and
distance between points being:
feet;
feet along Lot A-7;
feet along LotA-4 and Lot A-5 to the
point of beginning and containing an
area of 0.312 Acre, more or less.
Beginning at the north corner of this parcel of land, being the west corner of Lot
A-6 and being the east corner of Lot A-4, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI" being 1,935.44 feet
North and 8,800.50 feet East, thence running by azimuths measured clockwise from True
South:
1. 290° 44'
NJ
3.
4.
5.
6.
14' 16'
3 8' 00'
66' 35'
167' 12'
186 16'
126.26
56.30
85.04
59.51
55.09
137.03
IM
feet along Lot A-6;
Thence following along the edge of
Wailoa River, the direct azimuths
and distances between points for the
next three (3) courses being:
feet;
feet;
feet;
feet along Lot A-3;
feet along Lot A-4 to the point of
beginning and containing an area of
0.373 Acre, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (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, its successors or assigns shall comply with all of the stated conditions of
approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the
applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared
by a professional engineer licensed in the State of Hawai'i to the DWS. A water commitment
deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in
accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The
applicant is responsible for maintaining valid water commitments to support the proposed
use until such time that required water facilities charges are paid in full.
C. In order to accommodate yard setbacks and minimum lot size requirements of the MCX-20
zoning district, the applicant, its successors or assigns shall secure Final Subdivision
approval to consolidate the seven (7) existing lots and re -subdivide into a maximum of four
(4) new lots within two (2) years of the effective date of this ordinance.
-7-
D. Prior to subdivision of any portion of the rezoned area, a Traffic Impact Analysis Report
(TIAR) shall be submitted for review and approval by the State Department of
Transportation. The applicants shall implement, when required by the Department of
Transportation, at no cost to the County, any transportation system improvements to
Kamehameha Avenue that may be deemed necessary by the Department of Transportation.
E. Access to Kamehameha Avenue and all driveway connections to County Streets shall
conform to Chapter 22, County Streets of the Hawaii County Code and follow State
roadway design standards as required by the Department of Transportation.
F. A drainage study of the project site, if required, shall be prepared for review and approval by
the Department of Public Works, prior to submittal of plans for subdivision review. Drainage
improvements, if required, shall be constructed in a manner meeting with the approval.of the
Department of Public Works prior to the issuance of Final Subdivision Approval.
G. The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawai'i
Administrative Rules, Department of Health, which requires an NPDES permit for certain
construction activity.
H. As required by the Director of the Department of Environmental Management (DEM); the
applicant, its successors, or assigns shall conduct a sewer study prior to connection to the
County sewer system. The applicant shall provide sewer line or other facility improvements
as the Director of DEM may reasonably require, which the sewer study may indicate are
advisable for mitigation of impacts of the proposed project.
I. Plan approval shall be required prior to the construction or installation of any new structure
or development, or any addition to an existing structure or development according to Section
25-2-71(a) of the Zoning Code.
J. 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.
K. The applicant, its successors and/or assigns shall comply with all applicable County, State
and Federal codes, laws, rules, regulations, and requirements for the proposed development,
including the Department of Public Works, Department of Water Supply and Department of
Health.
L. An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following 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.
3. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to b e p e r f o rm e d within one
year may be extended for up to one additional year).
M. 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.
in
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.
SECTION 4. This ordinance shall take effect upon its approval.
Hilo , Hawai`i
Date of Introduction:
June
2,
2021
Date of 1st Reading:
June
2,
2021
Date of 2nd Reading:
July
7,
2021
Effective Date:
July
15,
2021
REFERENCE Comm. 233
-10-
WAI`I
1C0
OPEN
BAYFRONT HWY.
1, 952.56'N
8,400.38' E
"HALAI"
LOT A-1
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 1.163 ACRES
1, 759.63'N
8.444.21'E
OPEN HALAI"
OPEN
OPEN
LOT A-5
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 9,609 SQ.FT.
KPM H MEHP p�E
i
LOT A-2
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 0.605 ACRE
OPEN
2, 038.16' N
8, 777.16'E
HALAI"
.:HALM'
1; 799.24' N
R�vec
Vva�\oa
LOT A-3 OPEN
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 0.122 ACRE
OPEN
2
J
LOT 12-A
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 3,615 SQ.FT.
OPEN
LOT A-6
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 0.312 ACRE
F-
U)
O
Z
OPEN
LOT A-7
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 0.373 ACRE
KUAWA ST.
OPEN
OPEN
LOT A-4
OPEN TO INDUSTRIAL -
COMMERCIAL MIXED DISTRICTS -
20,000 SQ.FT. (MCX-20)
TOTAL AREA 17,068 SQ.FT.
OPEN
Feet
0 100 200 400 600 800
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
OPEN TO INDUSTRIAL -COMMERCIAL MIXED DISTRICTS - 20,000 SQ. FT. (MCX-20)
AT PIOPIO, WAIAKEA, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
TMK: (3) 2-2-001: 024, 030, 034, 019, 008,017 & 018 DATE: March 2, 2021
EXHIBIT "A" M. Anderson, N. Piianaia, & Kapoho Properties LLC
Map 1419
Introduced By:
Date Introduced
First Reading:
Published:
REMARKS. -
Second Reading
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Ashley Kierkiewicz (B/R)
June 2, 2021
June 2, 2021
June 11, 2021
July 7, 2021
To Mayor:
July 15,
2021
Returned:
July 16,
2021
Effective:
July 15,
2021
Published:
August 6,
2021
REMARKS. Postponed: June 16, 2021
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
X
David
X
Inaba
X
Kaneali'i-Kleinfelder
X
X
Kierkiewicz
X
Kimball
X
Lee Loy
X
X
Richards
X
Villegas
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Inaba
X
Kaneali' i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Lee Loy
X
Richards
X
Villegas
X
6
1
2
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
ppr:v:eyD is app r o v e d this day
Of--- 7 wl y 20
MAYOR, CO UNTY OF HA W,417
Bill No.:
Reference:
34
C-233/PC-17
Ord No.: 21 49