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Home My WebLink AboutBIL 087 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 87 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SF:C"ZION 2~-8-33 (CI"I~Y OF HILO 7ONF, MAP)_ AR"IICLE 8, CI[AP"fF.R 2~ (LONWG CODE) OF "I'HE HAWACI COUNTY CODE. BY CHANGING THE D[SI'RIC"f CLASSIFICATION FROM LIMITED INDUSTRIAI, (ML-20) 1'O INDUS~CRIAL-COMMERCIAL MIXED USE (MCX-20) AT WAIAKF.A. SOU"I~H H[LO. HAWA['I. COVERED BY "LAX MAP KF.Y 2-2-35:61. 81~: IT ORllAINED BY "I~I IE CO[ ~NC11. OF "I~HE COUNTY OF HAWAII: SECTION L Section 25-8-33. Article 8. Chapter 25 (Coning Code) of the I lawai'i County Code, is amended to change the district classification of property described hereinafter as follows: "The district classification of the following area situated at Waiakea_ South Hilo, f lawai'i, shall be Industrial-Commercial Mixed Use (MCX-20): Beginning at a point at the northeast corner of this parcel of land, being also the southeast corner of a portion of Lot 8. Block 23. Grant 12,77 3 to Margaret C. Adrian and the westerly side of Kanoelchua Avenue, the coordinates of said point of beginning referred to Govcrnmart Surve} Triangulation Station "Halm" being 1363.00 feet south and 1 1,06250 feet cast and running by azimuths measured clockwise from true south: l . U" 00' 100.00 feet along the west side of Kanoelchua Avcnuc; 90° 00' 210.50 feet along a portion of I,ot 12, Grant 11.393 to .Iohn 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 Margaret C. Adrian to the point of beginning and containing an area of 21,050 square feet. All as shown on the map attadled hereto, marked Exhibit "A" and by relerence made a part hereof. SF,CTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circtunstanccs which may he adverse to the public health, safely and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (n) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Pulfilhncnt 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. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commihnent deposit in accordance with the `'Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within live years from the effective date of this ordinance. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant -2- existing and proposed structures, fire protection measures_ paved driveway accesses and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping. Requirements). D. A Solid Waste Management Plan shall be submitted to the Department of 1{nvironmental Management for review and approval. .1 copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. E. All development generated runotf shall be disposed of on site and shall not he directed tov`ard any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan npproval. :Any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certiticate of occupancc. F. The applicant shall connect to the existing County sewer lateral within Kino'ole Street prior to the issuance of a certiticate of occupancy. G. The applicant shall install a backftow preventer (reduced pressure type) meeting with the approval of the Department of Water Supply prior to the issuance of the certificate oi~occupancy. H. All plans for work within the State highway Right-of-l~'ay (ROW) and all driveway connections to Kanoelehua nvcnue shall cornpiy with State Highways Division design standards. I. The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. J. Should the I lawai`i 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 Fces Ordinance. K. 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 lorescen or are beyond the control of the applicant, successors or assigns, and that are nut the result of their fault or negligence. 2. Granting of the lime extension would not be contrary to the Gmieral Plan or Zoning Codc. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. fhe 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). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicants request to the County -4- Council for appropriate acCion. L. 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 I3Y: COUNCIL MEMI3ER, COiJNTY OF IIAWAI`1 Hawai' i Date of Introduction: Date of ]st Reading: Date of 2nd Reading: Effective Date: .,i, r.:;:^?:':,i:: '~ar,~:m. 193.3 -5- d CG7 CG-7 5 I CL 7.5 o ML20 ML-20 Q ~ ML 20 s ~ fZS - I O R3- 1 0 k5 1 0 1O 125- 10 RS- ~ ~ _y m Y N o N ML-20 ~ Y RS- 1 0 ML- 10 R`i- I O ML-20 ~ W' E u iML- I C R`>- I O RS- I G Pty - I 0 ~,5- I O O ua am St. 10 RS-10 (c ,.10 PS 10 KSI10 ML-10 KS- I O ML-20 OPEN RS-IO ML-IU I p ML-20 CG-l0 RS-.10 KS- I O OPEN ML-20 CC 'LO I Mt-2o 1,363.00 S 11 062.50 E "HALAL",~, RS-1o Ks-lo rz5-1o ~-10 ~ ~`i-1O MLZO LIMITED INDUSTRIAL(ML•20)TO e uana St. INDUSTRIAL•COMMERCIAL MIXED MCX•20 RS_io ~-1o cN-1o ~-1o AREA=2I,OSOSQ. FT. Rs to a' MI -2U KS- I O Q ~ K.5 ~ 1 0 0 o Y ~C N d y G N p m O N m C J Y Y p5-10 ~ R.`~-10 ILS-10 MG-la I25-10 530 265 0 530 1,060 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-201 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 2003 EXHIBIT "A" (Brilhante:1086)