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HomeMy WebLinkAboutBIL 089 Draft 01 2020-2022COUNTY OF HAWAI‘I  STATE OF HAWAI‘I  BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), 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 WAIĀKEA HOUSELOTS, WAIĀKEA, SOUTH HILO, HAWAI‛I, COVERED BY TAX MAP KEY: 2-2-035:049, AND 096. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i 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 Waiākea Houselots, Waiākea, South Hilo, Hawai‘i, shall be Industrial-Commercial Mixed Districts – 20,000 square feet (MCX-20): Beginning at the southwest corner of this lot and the northeast corner of Kekūanaōʻa and Kalanikoa Streets (formerly Avenues), the coordinates of said point of beginning referred to Government Survey Triangulation Station “HALAI” being 1,763.00 feet South and 10,629.00 feet East, as shown on Government Survey Registered Map 2566, and running by azimuths measured clockwise from True South: 1. 180˚ 00’ 00” 100.00 feet along the east side of Kalanikoa Street; 2. 270˚ 00’ 00” 223.00 feet along Lot 13, Block 23; 3. 360˚ 00’ 00” 100.00 feet along Lot 16, Block 23; 4. 90˚ 00’ 00” 223.00 feet along the north side of Keūanaōʻa Street to the point of beginning and containing an area of 22,300 square feet. 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, Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or 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, successors or assigns (“Applicant”) shall be responsible for complying with all of the stated conditions of approval. Construction of the proposed development, as substantially represented by the Applicant, or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the Applicant 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 and paved parking stalls associated with the proposed development. Landscaping shall 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’s Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i County Code. The Applicant shall secure Final Consolidation Approval for consolidation of the two (2) subject parcels within one (1) year of the effective date of this ordinance or prior to the issuance of Final Plan Approval, whichever occurs first. Prior to commencement of the proposed office use within the existing single-family dwelling, the Applicant shall secure and finalize all required building permits from the Department of Public Works Building Division, including a change of use building permit to convert the dwelling to an office. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the Applicant 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. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its “Water Commitment Guidelines Policy” prior to the issuance of Final Plan Approval. 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. The Applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply.