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Home My WebLink AboutORD 2003-108 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 109 (Draft 2) ORDINANCE NO. ~`3 108 AN ORDINANCE 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-COMMERCIAI, MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KI:Y 2-2-50:14. BE [T ORDAINED BY THF. COUNCIL OF THF, COUNTY OF HAWAI'1: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Z.oning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: I~he 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 Lot A, portion of Lot 5, Block 45, portion of Grant 10,582 to T.E.M. Osorio and the east side of Hinano Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halal" being 3,793.00 feet south and 9,631.00 feet east and running by azimuths measured clockwise from true south: 1. 270° 00' 225.00 feet along Lot A and Lot B, being portions of Lot 5, Block 45, portion of Grant 10,582 to T.E.M. Osorio, to a nail; 2. 0° 00' 100.00 feet along [,ot 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. ] 80° 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 be 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 submitted 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 five (5) years from the effective date of this ordinance. Prior to the start of construction, Final Plan Approval 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 parce]s. A continuous landscape buffer shall be provided along the entire northern property boundary. The landscaping shall be provided in accordance with the requirements of Planning Department's 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 2-2-50:37 and 38 to provide internal traffic circulation between the proposed developments. F. The driveway connection 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. The 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 be 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 frontage shall be delineated on the plans submitted for Plan Approval review. The ] 0-toot 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 of a certitcate of occupancy for any portion of the proposed development. 1. A drainage study shall be prepared and 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 for any portion of the proposed development. J. 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 Approval. L. All earthwork activity shall conform to Chapter 10. Erosion and Sedimentation Control, of the Hawaii County Code. -4- M. The 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 Planning Director prior to the anniversary date of the effective date of the zone change. 'I~he 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 Hawaii County Council adopt a United 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 Fees Ordinance. P. 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 foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan 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. -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 perforn~cd within one year may be extended for up to one additional year). 5. [f the applicant should require an additional extension of time, the Planning Director shall submit the applicants request to the County Council for appropriate action. Q. Should any of the conditions not he met or substantially complied with in a timely fashion, the Planning 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 BY: ~ ~~~~u~ ~.~0 'NCO ~ CIL MEMBER, COUNTY OF HAWnI'1 iiilo ,Hawaii Date of Introduction: June 18, 2003 Date of 1st Reading: June 18, 2003 Date of 2nd Reading: July 2, 2003 Effective Date: July ; , 2003 kcFEitEhiCF: Comm. 248.3 -6- o Rg_IO i RS-IO RS-10 RS-IO RS-IO p - _ ~ ~ RS- I O rn ii) fn V) ~ o O O ~ Y C O ~ rp .C C C Y N N A ~ _ ~ Y o O - Rs-lo R5-lo Rs-log Rs-lo Rs-io Rs_lo ~ E. Lani aula St. E. Lanikaula St. Rs- I o NGLE-F MI RESIDENTIALI (RS-70~ o ~-IOiI~' ° ~ ° TOI USTRIA -C MMERCIALMIX~E M ~X•2 3,793.OQ S AEA 22,500 S0. FT. ~ ~ ML-20 p,S_10' ML-IO 91i31.00':E RS-10 ML-20 ~`IO _ "HALM": - ML- I O ~ o RS-10 ~ RS.10 ~ p o G O ~ Y O O Y m U R<S- I O c ~ ~ RS-10 ~ RS-10 RS-10 .o ML-20 ML-10 c ,j Y S E. Kawili St. E. Kawili St. Ml- 20 ML-20 p yv ~5- I O ML-20 ML-20 ~3~ ML-20 N ~ m m ~ A Wl E ML-20 ~ _ S ML-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 8 Co.:1094) RI~C:[rVeD OFFICE OP THE COUNTY CLERK q~„~,~~:!!~._.8v-~-~ Count ofliawaii r771a4 Cp~nty Council xilo .Hawaii (DRAFT 2) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Datelntroduced: June 18, 2003 Arakaki X First Reading: June 18, 2003 Chung X Published: P,~A Elarionoff X Holschuh X RF.MAXKS' Jacobson X Leithead-Todd X Reynolds X Safarik X Tyler X 7 0 2 0 Second Reading: July 2, 2003 ROLL CALL VOTE To Mayor: July v, 2063 AYES NOES ABS EX Returned: July 9, 2003 Arakaki Effective: Jul j 2003 Chung Published: July 2G, 2003 Elarionoff h. Holschuh REMARKS: Jacobson g Leithead-Todd g Reynolds Safarik , Tyler :i 6 0 3 l DO HEREBYCERTIFYlha! the foregoing BILL was adopted by the County Council puhlished as indicated above. ~ ~ APPROVED AS TO FORM AND LEGALITY: J I(y~~ A CO C7L CHAIRMAN YrA\1.~c> h. G~ DEPUTY C RPORATION COUNSEL COUNTY OF HAWAII COUNTY Cl F.RK Date ~ ~ 109 (Draft 2) Bill No.: C-248.3/PC-40 ~ Reference: pprov ~ Disapproved lhis ~ dcry~ Ord No.: 43 1~8 of ~ , 20~. G MAYOR, F'OIJNTY OF HAWAII