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Home My WebLink AboutBIL 087 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 87 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO "LONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED USE (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:61. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION l . Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai `i County Code, is amended to change the district classification ofproperty described hereinafter as fo]lows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Industrial-Commercial Mixed Use (MCX-20): Beginning at a point at the northeast corner of this parcel of ]and, being also the southeast corner of a portion of Lot 8, Block 23, Grant 12,773 to Margaret C. Adrian and the westerly side of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 1363.00 feet south and 11,062.50 feet east and running by azimuths measured clockwise from true south: 1. 0° 00' 100.00 feet along the west side of Kanoelehua Avenue; 2. 90° 00' 210.50 feet along a portion of Lot 12, Grant 11,393 to John G. Perreira; 3. 180" 00' 100.00 feet along Lot 9, Grant 10,766 to Yoshio Kodani; -1- 4. 270° 00' 210.50 feet along a portion of Lot 8, Grant 12,773 to Margazet C. Adrian to the point of beginning and containing an area of 21,050 squaze 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, Hawaii County Code, 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 be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. Prior to this payment, water calculations with anticipated maximum daily water usage as recommended by a registered engineer shall be submitted to the Department of Water Supply. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to the start of construction, -2- Final Plan Approval for the existing development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code. Plans shall identify all structures, paved driveway accesses and parking stalls associated with the use. Landscaping shall also be indicated on 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). D. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. E. A drainage study shall be prepared and any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. F. The applicant shall connect to the existing County sewer lateral within Kino`ole Street prior to the issuance of a certificate of occupancy. G. The applicanC shall install a backflow preventer (reduced pressure type) meeting with the approval of the Department of Water Supply prior to the issuance of the certificate of occupancy. H. All plans for work within the State highway Right-of--Way (ROW) and all driveway connections to Kanoelehua Avenue shall comply with State Highways Division design standards. -3- L The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. J. Should the Hawaii County 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. A final status report shall be submitted to the Planning Director upon compliance with all conditions of approval of this change of zone. 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 be performed within one year may be extended for up to one additional year). -4- 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. M. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: f'x ~ LU~~F'~rc. ~ ~~~y COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: kirtkcYyC:1: Comm. 193 -5- N ai L GG-7.~ CG-7.5 CG7.5 m ML-7_O ML-z0 Q ~ ML-z0 Y {p KJ- 0 R.J`- 0 ~'J- ~ ~ RJ- 0 0 y Y p N ML-z0 m Y ~ ~ ML- I O PS- I O ML-20 I W E z RS-10 RS-10 KS-10 RS-10 ML-I ~ ua am s P.5-IO RS-IO yS-IO RS-10, K5110 ML-IO RS-10 ML-z0 OPEN RS 10 ML-10 GG20 PS-, I O I O MI- 20 RS-10 OPEN ML-z0 cv-zo ~ M~.zo 1,363.00 S 11062.50 E ' "HALM"rte; R5-IO RS-10 Ks- I o Iz; I O ~ I o I o ML-z° LIMITED INDUSTRIAL (ML•20) TO e uan St. INDUSTRIAL-COMMERCIAL MIXED MCX-20 ~,.lo ks to ~~N 1O ~°~-lo AREA=21,050 SQ. FT. Io ~ ML-z0 RS-10 Q ~ R5~ I O o ~ ~ s v Y C d ~ m O m N C ~ y ~ Y MG-la I O RS- I O t<5-10 RS-10 530 265 0 530 1060 1,590 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA HOUSE LOTS, HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK'. 2-2-035:061 Date: February 7, 2003 EXHIBIT "A" (Brilhante:1086)