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Home My WebLink AboutBIL 109 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. I qo (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), AR7lCLE 8, CHAPTER 25 ("CONING CODE) OF THE IIAWAI'I COUN"I~Y CODE. BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDEN"11A[. (RS-10) TO [NDUSTRIA[ -COMMERCIAL MIXED (MCX-20) A'I' WAIAKEA. SOU"Il [ H[LO, HAWAI`l, COVERED BY TAX MAP KEY 2-2-50:14. BE IT ORDAINED BY THE COUNCIL OF "CHF, COUN"fY OP HAWAII: SEC "LION 1. Section 25-8- ~ Article 8. Chapter 25 Cloning ('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 Hilo. Hawaii, shall be Industrial-Commercial Mixed (MCX-20): Beginning at a pipe at the northwest corner of this parcel of land. being also the southwest corner of I,ot A, portion of Lot Block 45. portion of Grant 10.5A2 to T.E.M. Osorio and the east side of Hinano Street, the coordinates of said point of beginning referred to Government Surrey Triangulation Station "Halai" being 3.793.00 feet south and 9.631.00 feet east and running by azimuths measured clockwise from true south: 1. 270" 00' ?25.00 feet along Lot A and Lot I3, being portions of Lot 5. 131ock 45, portion of Grant 10.582 to T.E.M. Osorio, to a nail: 2. 0° 00' 100.00 teet along Lot 8, portion of Grant 12.861 to Charles T. and Miyuki Suetaki Otani, to a pipe on the north side of Kawili Street; 3. 90° 00' 225.00 feet along the north side of Kawili Street to a pipe: -1- 4. 180° 00' 100.00 feet along the east side of Hinano Street to the point of beginning and containing an area of 22,500 square 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 he 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 suhmitted 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 tive (5) years from the effective date of this ordinance. Prior to the start of construction, Final Plan Approva] for the proposed development shall be secured from the -2- Planning Director in accordance with the Zoning Code. Plans shall identify proposed structures, fire protection measures, paved driveway and parking stalls, common access easement, and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. A continuous landscape buffer shall be provided along the entire northern property boundary. "fhe landscaping shall be provided in accordance with the requirements of Planning Departments Rule No. 17 (Landscaping Requirements). D. A common access easement with the adjoining parcel identified by Tax Map Key 2-2-50:37 shall be provided along Kawili Street. meeting the approval of the Department of Public Works. This common access shall be limited to ingress traffic movements only. E. To decrease further traffic concerns at the intersection of Kawili Street and Maka'ala Street, the applicant shall coordinate with the landowners of the adjoining parcels identified by 'Tax Map Key 2-2-50:17 and 38 to provide internal traffic circulation between the proposed developments. F. fhe driveway comiection to the subject parcel from Kawili Street and Hinano Street shall conform to Chapter 22. Streets and Sidewalks, of the Hawaii County Code and meet with the approval of Department of Public Works. G. l~he applicant shall construct roadway improvements to the entire frontage. exclusive of access points. along Kawili Street and Hinano Street consisting of, but not limited to, pavement widening with concrete curb. gutter and sidewalk. curb ramp, drainage improvements, and any required relocation of utilities. Said improvements shall he completely constructed in accordance with the requirements and approval of the Department of Public Works prior to the -3- issuance of a certificate of occupancy for any portion of the proposed development. H. A 10-foot wide future road widening strip along the subject property's Hinano Street frontirge shall be delineated on the plans submitted for Plan Approval review. "I'he 10-foot wide future road widening strip, including all improvements required by Conditions F and G, shall be subdivided and dedicated to the County prior to the issuance oCa certificate of occupancy for any portion ot~the proposed development. L 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 for any portion of the proposed development. .1. the applicant shall connect to the existing County sewer lateral meeting with the approval of the Department of Environmental Management prior to the issuance of a certificate of occupancy. K. 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 Appro~ al. L. All earthwork activity shall conform to Chapter 10. Erosion and Sedimentation Control, of the Hawaii County Code. -4- M. fhe applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development. N. An annual progress report shall be submitted to the Manning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with, and the Planning Director acknowledges that further reports are not required. O. Should the l lawai'i ('ounty 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 Unitied Impact Fees Ordinance. P. An initial extension of time for the performance of conditions within the ordinance may he granted by the Planning Director upon the following circumstances: I . The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their Paull or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Z.uning Code. 3. Granting of the time extension would not he contrary to the original reasons for the granting of the change of zone. -5- 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 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 for appropriate action. Q. Should any of the conditions not be met or substantiall}~ complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. SEC"LION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SEC'f10N 4. This ordinance shall take effect upon its approval. INTROD[ ICED BY: ~ = ~ l-C'crc~! r Co.!' NCO CI[. MEMBER, COUNTY OI~ HAWAI'1 Hawai' i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: Rr`FEitt~i%Fa Con,m. 48.3 RS- I O i R 3 1 0 RS 10 RS- 10 RS- I O o ~ ~ ~ N T~j y m c~ C O ~ x ~ C R ~C C ~ Y IO N C ~ rC = J N Y O ~ res-IO ~-Ie KS-IO,~ r~-io r~~-Ip ~_Ip ~ E. Lanikaula St. E. Lanikaula St. ~ I p' ~ I p I o $~NGLE•F MI RESIDENTIA11(RS-10) o TO INDUSTRIA -C MMER IAL MIxE MCX•201° - ~ ~s-lo 3,793.00 S A A 22,500 S0. FT: ' ~ ML-20 10 ~ ML-10 gg3t,00E RS-10 ML-20 RS-10 _ "HALAI".. _ ML-10 ~ ~ ~ y RS.IO x_10 in m ~ KS 10 y ~ o n Y ~ ~~p q RJr-Q 7 RJ-Q RJ-p A ~ ~ ML-20 ML-10 c_ ~ Y S E. Kawili St. E. Kawili St. ML 20 c~ y~ ML-20 - KS- I O M'~ 20 ML-20 y1~ ML-20 N N y N ~ N ML-7.O o W E ML-20 g S MI. 20 ML-20 ML-20 ML-20 360 180 0 360 720 1,080 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: 2-2-050:014 Date: April 3, 2003 EXHIBIT "A" (I. Kitagawa & Co.:1094)