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Home My WebLink AboutBIL 087 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. u~ _ (Draft 3) ORDINANCE NO. AN ORDINANCE AME:NUING SE:C"PION 25-8-33 (CI"1~Y OF HILOZ.ON[. MAF), ARTICLE 8. CHAPTER 2~ (ZONING CODE) OF "hHE HAWACI COUN"hY CODE. BY CHANGING THE DIS'hRICT CLASSIF'ICAT[ON FROM LIMITED INDUSTRIAL (ML-20) f0 INDUSTRIAL-COMMF,RCIAL MIXED tISF (MCX-20) AT WA[AKEA. SOU"fH HILO. HAWAI'i. COVERED BY TAX M.AP KEY 2-2-35:61. BF. IT ORDAINED BY ~fHE CUUNCf1, OF THE COUNTY OF HA WAIT: SEY'"PION 1. Section ?5-g-;3, Article 8. Chapter 25 (zoning Code) ofthe Hawaii County C ode, is amended to change the district classification of property described hereinafter as lollows: The district classitcation of the following area situated at Waiakea. South Hilo. Hawaii, shall be industrial-Commercial Mixed Use (MCX-20): Beginning at a point al 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 Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey "I~riangulation Station "Halm" being 1363.00 feet south and 1 1.062.50 feet east and running by azimuths measured clockwise from true south: I . 0° 00' 100.00 feet along the west side of Kanoelehua Avcnuc: 2. 90° 00' ? 10.50 feet along a portion of Lot 13. Grant 1 1,393 to John G. Ferreira: 3. 180° 00' 100.00 feet along Lot 9, Grant 10.766 to Yoshio Kodani; -l- 4. 270° 00' 210.50 feet along a portion of 1.ot 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 attached hereto, marked Exhibit "A" and by retercnce made a part hereof. SEC~f10N 2. In accordance with Section 25-2-~14. Hawai'i County ('ode, the Count~~ Council finds the following conditions arc: (1) Necessary to prevent circumstances which may he adverse to the public health, safety and welfare; or (2) Reasonably conceived to tul~ill 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) F'ulfillmcnt of the need for public service demands created by the proposed use. A. hhe applicant, its successors or assigns shall be responsible fbr 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 dail}~ water usage calculations as recommended by a registered engineer. and a water commitment deposit in accordance kith the "Water Commitment Guidelines Police" to the Department of Water Supph~ within ninety days from the effective date of this ordinance. C Construction of the proposed development shall be completed within five dears from the effective date of this ordinance. Final Plan Approval by the Planning Director in accordance with the Zoning ('ode shall he secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures. fire protection measures. paved drivewa}~ accesses and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate an} potential ad~~erse noise or visual impacts to adjacent properties in accordance with the Planning Departments Rule No. 17 (Landscaping Reyuiremcnts). D. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management Ibr review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Appro~ al. E. 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 Plan Approval. Any drainage improvements shall he 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 se~acr lateral within Kino'ole Street prior to the issuance of a certificate of occupancy. G. Fhe applicant shall install a backflow prcventer (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 t lighways Division design standards. _3_ L i~he applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. .1. Should the 1lawai'i (bunty 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 United Impact Pees Ordinance. K. An annual progress report shall he submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. 'I~he report shall include, but not be limited to. the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in cF~ect until all ofthe conditions of approval have been complied with and the Planning Director acknowledges that further reports arc not required. L. An initial extension of time for the performance of conditions within the ordinance may he granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have hccn foreseen 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 time extension would not be contrary to the General Phm 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 he for a period not to exceed the period originally granted for perfonnancc (i.e.. a condition to be performed within one Fear may he extended for up to one additional year). 5. [f the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council liir appropriate action. M. Should any of the conditions not he 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. [n the event that an} portion of this ordinance is declared im~alid. such invalidity shall not affect the other parts of this ordinance. SECTION d. "Phis ordinance shall tale effect upon its approval. INTRODUCED BY: COU~df IL MEM[31?R, COUNTY OF HAWAII }{awai' i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: Co rn. 193.4 .--....-..sue.... N CG-Z~ CG-75 i CG-ZS m ML-2U ML-20 Q ~ ML-20 m KS- I O 2S- i 0 RS- I O ~ I RS- I O y Y v MI -20 ~ iJ Y R`Y I O Mf-10 KS-IO MI. 20 H u`~ RS-10 K-S-~'~ R5.10 Ng-10 'ML-I ~ ua am t. s RS-10 RSiO k5-.O R.S IO. RS(IO ML-10 i RS-10 ML-70 OPEN 25-IO MI- 10 CG20 Rg_ I O PS- I O ML-20 KS-10 ' OPEN ML-20 CG20 ML-zo 1,363.00 S 11062.50 E "HALAL"s2. KS- 1 0 ~ R5~ 10 rzs- t o Ks- t o ~ zs- t o i o ML zo LIMITED INDUSTRIAL (ML-20) TO e ua St. INDUSTRIAL•COMMERCIAL MIXED MCX-20 ~5 , o r~s_ l o cN- l o l o AREA = 21,050 SQ. FT. -lo °1 ML 20 KS-10 Q ~ ~x 10 0 ~ ~ Y t d Y C -y 7 10 ~ ~ N C J Y Y I'i5- I C ~ R_5- I O RS- I O MG- l a PS- I O 530 265 0 530 1,060 t~5g0 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:70861