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Home My WebLink AboutORD 2004-080 2002-2004 COUNTY OF HAWAII STATE OF HAWAII l3ILL NO. 266 Draft 2 ORDINANCE NO. J'~ 8U 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 OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:73. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Section 25-8-33, 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 Hilo, Hawaii, shall be Industrial-Commercial Mixed (MCX-10): Beginning at the southwest corner of this parcel of land, also at the northeast corner of Kanoelehua and I-Iualani Avenues, the coordinates of said point of beginning referred to Government Survey "Iriangulation Station "HALM" being 923.00 feet South and 11,187.50 feet East and running by azimuths measured clockwise from True South: 1. 180° 00' 272.53 feet along the east side of Kanoelehua Avenue; 2. 341 ° 00' 288.24 feet along the westerly side of Road Reserve; 3. 90° 00' 93.84 feet along the north side of Hualani Avenue to the point of beginning and containing an area of 12,787 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -1- SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions aze: (1) Necessary to prevent circumstances which maybe 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. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant 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 Supply within ninety (90) days from the effective date of this ordinance. C. Survey the existing road in the vicinity of the subject property and dedicate any portion that encroaches on the subject property to the County, or relocate the roadway at no cost to the County. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing -2- and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). E. Access to the subject property shall be limited to the Railroad Avenue side of the property. The property's access to Kanoelehua Avenue shall be by Hualani Street, not by Railroad Avenue. F. All driveway connections to Railroad Avenue shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. G. Prior to the issuance of occupancy permit for the subject site, the applicant shall provide improvements to the entire frontage of Hualani Street and to any portion of Railroad Avenue used for access to the project consisting of a 21-foot wide asphalt/concrete pavement, along with any required utility relocation and drainage improvements. The applicant shall include a provision in the deed of the subject property requiring its obligation to construct a curb, gutter and sidewalk improvements fronting the subject property in conjunction with any similar improvements on the south side of Hualani Street or east side of Railroad Avenue fronting the subject site. H. Provide a minimum 20-foot property line curve radius at the intersection of Kanoelehua Avenue and Hualani Street and a minimum 25-foot property line curve radius at the intersection of Hualani Street and Railroad Avenue. The curve radii shall incorporate the future road widening setback. I. Streetlights and traffic control devices shall be installed as required by the Traffic -3- Division, Department of Public Works. J. 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 be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. M. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. N. Should the Council adopt a Unified 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. O. The applicant shall comply with all applicable laws, rules, regulations and -4- requirements of the affected agencies for the proposed development. P. 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 the extent to which the conditions of approval have been satisfied. 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. Q. An initial extension of time for the performance of conditions within the ordinance maybe 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, 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. 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 yeaz maybe extended for up to one additional yeaz). R. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or -5- 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: COUN IL M ER, OUNTY OF HAWA ` xona ,Hawaii Date of Introduction: June 2, 2004 Date of 1st Reading: June 2 , 2004 Date of 2nd Reading: June 16, 2004 Effective Date: July 6, 2004 REFERENCE: Comm. 61,._._.6'_--1------ -6- N M 20 ~ Z ML-20 Q OPEN ~ c m W L: h Y Y OPEN S CG-7.5 Y Piilani St. M -20 \ ~~/~~~J\, CG• .5 CG-7.5 C 7.5 CG-7.S M 20 ML-20 ~ y OPEN\(O~jN TO INDUS IAL•COMMERCIAL MIXED MCX•10 W ~~~~2 \C/ FT. CG 7.5 CG-7.5 CG-7.5 M 20 M 20 ~ ~ RS f0 ~ RS-f0 RS•f0 RS-1 RS-f0 / „ \ ~ NL 10 RS10 ML-20 Q O J Huala i St.RS-fo RS 10 L-i N~ ML-20 RS- 0 RS-10 0 RS• 0 S-f0 RS-f0 RS-10 RS-f0 R 10 ML- gY3.00 S RS-f0 w 11,187.50E o "HALM" .Q o_ RS-10 M -f0 ~ CGIO RS f0 RS-10 ti RS-10 o OPEN ~ h CG•20 s RS-10 d RS 10 ML-20 Q Rs fo Ke ua aoa t. A R f0 RS-f0 CN f0 RS10 m m A o ~ R 10 ~ MCX-20 Y ML-20 ML-20 Y ~ RS-10 m - 490 245 0 490 980 1,470 1,980 2.4W FPpI 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 DISTRIGT CLASSIFICATION FROM OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-10) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-035:073 Date: March 22, 2004 EXHIBIT "A.. (Janice Osbim:f 1zs OFFICE OF THE COUNTY CLERK County of Hawaii ~,~.jj ~ ~ j?-;'~ ~ I xona ,Hawaii r Introduced By: Leningrad Elarionoff ~ -`-ROLL CALL VOTE Date Introduced: June 2, 2009 AYES NOES ABS EX First Reading: June 2, 2004 Arakaki X Published: N/A Chung X Elarionoff X REMARKS: Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 7 1 1 0 Second Reading: June 16, 2004 (Draft 2) To Mayor: June 29, 2004 ROLL CALL VOTE Returned: July 7, 2004 AYES NOES ABS EX Effective: July 6, 2004 Arakaki X Published: July 11, 2004 Chung X Elarionoff X REMARKS: _ Holschuh X Jacobson X Reynolds X Safarik X _ Tulang X Tyler X 9 0 0 0 I DO f/EREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND ALITY• ~ GL CHAIRMAN Y CORPORATION COUNSEL COUNTY OF HAWAII ~~~JJJ ~ ~ COUNTY CLERK Date BiIINo.: 266 (Draft 2) r N_ '~Approve~YDisupproved lhis day Reference: C-610.1 /PC-93 of l .i lA,l~ , 20 Ord: ~4 8~ MAYOIZ~:Z7tllVTY OF HAWAII ]Iowa, t County is an Equal Oppor(unlry Prov,der and Employer