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Home My WebLink AboutBIL 358 Draft 01 2002-2004 BILL NO. ass ORDINANCE NO. 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-COMMERCIAL MLXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-37:31. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: 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-20): Beginning at a pipe at the southwest corner of this parcel of land, being also the southeast corner of Lot A, portion of Grant 13,636 to Maile Stone Yapp and on the northerly side of Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai"being 3,443.00 feet south and 10,852.00 feet east and running by azimuths measured clockwise from true south: 1. 180° 00' 200.00 feet along Lot A, portion of Grant 13,636 to Maile Stone Yapp to a pipe found; 2. 270° 00' 1 11.50 feet along Lot 12, Grant 12,279 to Takeo Tamura to a spike found; 3. 0° 00' 200.00 Feet along Lot 16-A-1, portion of Grant 11,463 to Charles C. Cross to a pipe on the northerly side of Lanikaula Street; 4. 90° 00' 111.50 feet along the northerly side of Lanikaula Street to the point of beginning and containing an area of 22,300 square feet. -1- 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 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. 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 and/or proposed structures, paved driveway access and parking stalls associated -2- with the proposed development. Landscaping shall also be indicated on the plans to mitigate any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. Access to the subject property from Lanikaula Street shall meet with the approval of the Department of Public Works. E. All driveway connections to Lanikaula Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. Provide full improvements to the entire frontage of Lanikaula Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting with the approval of the Department of Public Works. The improvements shall be located within afive-foot road widening strip along the Lanikaula Street frontage and be dedicated to the County of Hawaii prior to issuance of a Certificate of Occupancy. G. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. H. A drainage study of the subject property shall be prepazed and submitted to the Department of Public Works for review and approval, prior to submittal of plans for Plan Approval review. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. 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 -3- 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. J. 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. K. 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. L. 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 towazds the requirements of the Unified Impact Fees Ordinance. M. The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. N. 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 tot which the conditions of approval have been satisfied. This condition shall remain in effect -4- until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. O. 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 Genera] 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 year maybe extended for up to one additional yeaz). P. 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 more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: O CIL M E TY OF H AI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: F.CF.'E:'L?~CF: Ccmm. 823 _ -6- RS110 R -10 RS- 0 N Q - - - I MCX-10 ~ ~ z ML-20 ~y ~ _J ~ ~ _ ~ ° _ _ _ MG-fa c ~ J _ ~ RS-10 Y MG-1 ~'g / RS f0 -i- - - - M -1a z Leil nl St. R -10 RS 10 ML-20 L Ilan $t. MG-fa ° R ~-10 R -10 RS f0 ML-20 ~',MG:~a 1 ~ - - N _ i~ J ~ ~ - _ _ j \ N -6 - - - ~ ~ ~ MG-fa o RS 10 MCX-YO °'6 Y ° R -10 0 ~ J MG-1a ~ E.Lani aul St. Rs~fo z ~ fir ' g MG- a E. Lanikaula St. 5-10 R -~f0 RS 0 RS 0 0 2 ML-20 - - ~fo - ~ 8 .00 S~ ~ " SINGLE-FAIU Y RESIDENTIAL (RS-10) TO R~ 1o Mcx-2o f "HAL P'~ •C MMERCIAL MIXED MCX-20 - ° Rs-fo I 2,300 SQ. FT. ~ MC -10 RS-10 CN-10 j CN-10 E. Kawili St. MG-fa R ~ ML-10 ~ ML-20 g - f d ° to fn Q - ~ Hal kauila St. IO £ L Y ° - y m c ~ 2 - ~ c I - - r _ 3. Y ML-10 _ _ _ - ~ - MG-fa ML 20 _ _ ML-20 MG- a - aea isa o aao Leo i,iao isxo ~,voo veal 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: 2-2-037:031 Date: June 8, 2004 EXHIBIT "A" (Island Ohana Denta1:1140)