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Home My WebLink AboutBIL 089 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. K~~ (Draft 3) ORDINANCE NO. AN ORD[NANCF. AMENDfNG SECTION 25-8-33 (CCI~Y OF' I IH.O ZONE MAP). ARTICLE 8, CHAPTER 2~ (ZONING CODE) OF'fHE HAWAI'1 COUNTY CODI?. BY CHANGING"THE DISTRICT CLASSII~ICA"LION HROM SINGLI(FAMILY R[?SIDEN'IIAL (RS-10) TO INDUSTRIAL-COMMERCIAL. MIXED (MCX-20) A~I~ WAIAKEA_ SOUTH I IILO. HAWAII. COVERED BY TAX MAP K1?Y 2-2-35:46. BE 1'F ORDAINED BY 111E CO[JNCIL OF THE COi:N~fY OP HAWAII: SECTION 1. Section 25-8-> Article 8. Chapter 25 (Zoning. ('ode) 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 Milo. Hawaii, shall be Industrial-Commercial Mixed (MCX ?0): Beginning ai a pipe found at the northeast corner of this parcel of land, also being on the west side of Kanoelchua Avenue and at the southeast corner of I.ot 10, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL" being 623.00 feet South and 1 1 A62.50 feet East and thence running by azimuths measured clockwise from true South: l . 360° 00' 00" 100.00 feet along the west side of Kanoelchua Avenue to a pipe found; 2. 90° 00' 00" 210.10 feet along Lot 14. Block 16 to a pipe Ibund: 3. 180° 00' 00" 100.00 feet along Lot 11. 131ock 16 to a pipe tbund: 4. 270° 00' 00" 210.50 feet along Lot 10, I31ock 16 to the point of beginning and containing an area of 21.050 Square Feet, more or Icss. All as shown on the map attached hereto, marked Exhibit "A" and h}~ reference made a part hereof. -I- SEC'f10N 2. In accordance with Section 25-2-44. Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to present circumstances which ma} be adverse to the public health. safety and welfare; or (2) Reasonably conceived to fulfill needs direcdc emanating from the land usr proposed with respect to: (n) Protection of the public from the potentialh deleterious effects of the proposed use, or ([3) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible (or compl~iug Nith all of the stated conditions of approval. B. Prior to the issuance of a water commitment b}' the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, mid a water commitment deposit in accordance with the "Water Commitment Guidelines Folic}~" to the Department of Water Supply wiUiin ninety days from the eitective date of this ordinance. C Construction of the proposed development shall be completed within five }cars from the eficctive date of this ordinance. Final plan Approval by Uie Planning Director in accordance with the Toning Code shall be secured by the applicant prior to the commencement ofconshuction. Development plans shall identify existing and proposed structures. fire protection measures, paved driveway accesses and parking stalls, and other improvements associated ~~ith the proposed use. Landscaping shall be included in the development plans to mitigate an}~ potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Departments Rule No. 17. D. A Solid Waste Management Plan shall he 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. Ei. All development generated runoff shall he disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall he 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. fhe applicant shall connect to the existing County sewer lateral within Kanoelehua Avenue prior to the issuance of a certiticate of occupancy. G. hhc applicant shall install a backilow 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-ot~-Way (ROW) and all driveway connections to Kanoelehua Avenue shall comply with State I Iighways Division design standards. The applicant shall compl~~ with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. .I. Should the I lawai'i County Council adopt a Unified Impact l=ees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the rcyuircmcnts of the Unified Impact Dees Ordinance. -3- K. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. 'The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval arc being complied with. "Phis condition shall remain in effect until all of the conditions of approval have beta complied with and the Planning Director acknowledges that further reports are not required. 1.. 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-pertonnance is the result of conditions that could not have been foreseen or arc 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 he contrary to the (icneral Plan or Toning Code. 3. Granting of the time extension would not be conh~ary to the original reasons fbr the granting of the change of zone. 4. fhe time extension granted shall be for a period not to exceed the period originalh• granted for pertonnance (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 applicanCs request to the County Council for appropriate action. -4- M. Should any of the conditions not he met or substantially complied with in a timely fashion. the Director mad 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 im~alid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: t~a ~rc~ ~ v' OU II. MEMBER. COUNTY OF I IAWAI'I . Hawaii Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective llate: CsfY~% Ccrn. 195.3 -5- CG-7.5 ~ MI-20 M1-20 .~i ML 20 N o Q 1O OPEfJ Piilani St. Piilani St. t Y m W C ML 20 p CG7 5 00_~ 5 ~ Y MI- 20 S S GLE FAMILY RESIDENTIAL (RS-10) TO IN USTRIAL•COMMERCIALMZXED MCX-20 AREA = 21,050 S0. FT. ML-20 CG-7.5 GG 7.5 ML-20 OPEN ML-20 623.00 S 125- I o ty5- I o I rzs- I o 11 062.50 "HALM" . i7 ai MI -20 o Q' ML-20 y ~ C ~ 2J- 0 ~ .G IG R5-O ~ Y ~ 'ML-IO ML-IO M~. 20 ~ m Y RS-10 RS-10 KS-10 ~ 10 I MI-10 ML-20 Hualani St. Hualani St. PS-10 PS-10 ~ ~ R.5-10 M1-10 RS 10 KS-10 OPEN RB-IO ti _ KS-IG Q ~ MI- 10 m ML- I O .c OPEN o v Y _ W C p ~ m ML-20 ML-20 PS- 1 0 RS-1 0 Y KS- I O PS-10 Y 340 170 0 340 680 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, sta. 1osz~