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Home My WebLink AboutBIL 089 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. x9 (Draft 2) ORDINANCE NO. AN ORDINANCE AMI~:NDWG SI~:C~IION 25-8-33 (CFFY OF IlILO ZONI~: MAP), ARTICLE 8, CHAPTF,R 25 (I,ONING CODE) OF "Il[F. HAWAI'1 COUNTY CODE, BY CHANGING THE DIS'CRICT CLASSIFICATION FROM SINGLI~ FAMILY RESIDEN"CIAI. (RS-10) TO INDUSTRIAL -COMMERCIAL MIXF?D (MCX-20) A~I~ WAIAKEA. SOUTH I IILO. HAW'Al`I, COVI?RED BY "I~AX MAP KF.Y 2-2-35:46. BE I"l~ ORDAfNED BY "I~I If{ COUNCIL OF ~fHE COl IN~fY OF HAWAII: SF,CTION 1. Section 25-8- ~ Article 8. Chapter 25 (Zoning Code) of the Hawaii 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 I lilo_ Hawaii, shall he Industrial-Commercial Mixed (MCX-20): Beginning at a pipe found at the northeast corner of this parcel of land, also being on the west side of Kanoelehua Avenue and at the southeast corner of Lot 10. the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL" being 623.00 feet South and 1 1,062.50 feet Fast and thence running by azimuths measured clockwise from true South: 1. 360° OU' 00" 100.00 feet along the west side of Kanoelehua Avenue to a pipe found; 2. 90° 00' 00" 210.10 feet along Lot 14, Block 16 to a pipe found: 3. 180° 00' 00" 100.00 feet along Lot 11, Block 16 to a pipe found: 4. 270" 00' 00" 210.50 tect along Lot 10, Block 16 to the point of beginning and containing an area of 21,050 Square Feet, more or Less. All as shown on the map attached hereto, marked 1?xhibit "A" and by reference made a part hereof. -I- SEC'f[ON 2. In accordance with Section 25-2-44. Hawaii County Code. the Chanty Council tinds the followine conditions arc: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fultill 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. ~fhe 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 applicam 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 Supple within ninety days from the effective date of this ordinance. C Cbnstructiou of the proposed development shall be completed within five years from the eftcctive date of this ordinance. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paced driveway accesses and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate amp potential ad~crse noise or visual impacts to adjacent properties in accordance with the Planning Departments Rule No. 17. 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. G. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final ['Ian Approval. 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. P. The applicant shall connect to the existing County sewer lateral within Kanoelehua Avenue prior to the issuance of a certificate of occupancy. G. the applicant 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. f1. All plans for work within the State highway Right-of-Way (120W) and all driveway connections to Kanoelehua Avenue shall comply with State Highways Division design standards. 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 tees, conditions included herein shall be credited towards the requirements of the Unified Impact Dees Ordinance. - K. An initial extension of time for the performance of conditions within the ordinance muy be granted by the Planning Director upon the following circumstances: 1. The non-pertiirmance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns. and that arc not the result of their fault or negligence. 2. Granting of the time extension would not be contraq~ to the General Plan or 7,oning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. l~he lime extension granted shall he for a period nut to exceed the period originally granted for performance (i.o., a condition to be peribnned within one year muy be extended for up to one additional year). 5. [f the applicant should require an additional extension oftimc, the Planning Director shall submit the applicant's rcyucst to the County Council Rm appropriate action. I.. Should any of~the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning ofthe subject area to its original or more appropriate designation. SECTION 3. In the event that an} portion ofthis ordinance is declared invalid, such invalidit} shall not affect the other parts of this ordinance. SECTION 4. "this ordinance shall take effect upon its approval. DUCK F3Y: COUNCIL. MF:MI3ER, COUN'CY OF HnWAI'l Hawui i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: F:~Fr_R~~~~:L-: Como. 19~;? -5- CG-7.5 ~ ML-7.O ML-20 Q ML-20 N 0 ~ OPEN Piilani St. Piilani St. w r: Y ML 20 0 CG-7 5 CG-7 5 ~ Y ML -20 S GLE FAMILY RESIDENTIAL (RS-10) TO !N USTRIAL-COMMERCIAL MIXED MCX-20 AREA = 21,050 SQ. FT. MI. 20 CG-75 GG 7.5 M,, -P0 OPEN ML-20 623.00 S F:,-lo hs-lo F,_lo F.5-10 11062.50 "HALM"~i d ML 20 1O Q ML-20 Y A .C / J ~ pp L d iML-10 ML-10 Y ML-20 ~ m Y i ML- I O ML-20 PS-10 KS-10 KS IO RS-10 Hualani St. Hualani St. RS-10 RS-10 ~ RS-IO ML-IU KS-10 ~ O OPEN RS IO ai RS-70 Q m ML-IU. ML-IO t I>PEN o d Y _ d C O A ML-20 ML-20 f:5 10 ~-~.O Y RS-10 KS-10 Y 340 170 0 340 fi80 1,020 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 SINGLE FAMILY RESIDENTIAL (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-035:046 Date: February 7, 2003 EXHIBIT "A^ (SAF, Ltd.:1092)