HomeMy WebLinkAboutORD 2004-150 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 344
Draft 2
ORDINANCE NO. 04 150
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 NEIGHBORHOOD COMMERCIAL
(CN-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH
HILO, HAWAI`l, COVERED BY TAX MAP KEY 2-2-32:93.
BE 1T 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 the southeast corner of this parcel of land and on the intersection of
Kuawa Street and Kanoelehua Avenue, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "HALAL" being 1684.91 feet North and
11061.50 feet East and running by azimuths measured clockwise from True South:
1. 90° 00' 227.47 feet along the north side of Kuawa Street;
2. 180° 00' 260.94 feet along Lot I;
3. 270° 00' 227.47 feet along Government Land and Grant 8576
to K. Kaikuaana;
4. 360° 00' 260.94 feet along the west side of Kanoelehua
Avenue to the point of beginning and
containing an area of 59,356 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 tinds 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 bythc
proposed use.
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Access(es) to the property shall be limited to Kuawa Street.
C. All driveway connections to Kuawa Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code.
D. A]I development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works prior to the issuance
of Final Plan Approval for any new structures. 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.
E. 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 of any new structure.
-2-
F. 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
G. 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 frcnn DLNR-HPD when it
finds that sufficient mitigation measures have been taken.
H. Should the Council adopt a Unified ]mpact 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 hnpact Fees
Ordinance.
I. The applicant shall comply with all applicable County, State, and Federal laws,
rules, requirements, and regulations.
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 Q. This ordinance shall take effect upon its approval.
INTRODUCED BY:
IL M ER, t'OUNT OF HAWAI`
xona ,Hawaii
Date of Introduction: November 10, 2004
Date oflstReading: November 10, 2004
Date of 2nd Reading: November 24, 2004
Effective Data December 8, 2004
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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 NEIGHBORHOOD COMMERCIAL (CN-10)
TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK. 2-2-032'093 Date July 7, 2004
EXHIBIT °A!~ (WKSP Limned, Partnership 1144)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona ,Hawaii (,~C~.; ]
IntruducedBy: Leningrad Elarionoff ROL,LCALL.VOTE
Date Innaduced: November 10, 2009 AYES NO~F,S ABS EX
First Reading: November 10, 2004 Arakaki X
Published: N/A _ _ Chung X
Elarionoff X
RbMAR~I"S: _ Holschuh X
Jacobson X
Reynolds X
Safarik X
_ _ i'ulang X
1'y ler X
6 1 2 0
Second Reading: November 24, 2004
To Mayor: NcvemUer 29,2004 ROLL CALL VOTE
Returned: December 9, 2004_„ AYES NOES ABS EX
Effective: December 8, 2004 Arakaki X
Published: Decemb~~_ 15. 2004_-_ Chung X ~
Elarionoff X
REAfARti.S, Holschuh X
Jacobson X
_ Reynolds X
Safarik X
Tulang X
Tyler X
8 1 0 0
- -
/ DU N1iREl3l" CERTIF)'thal the foregoing B11 L was adopted by the County C'aunci! puh[ished as indicateel
above.
APPROVED AS TO ~
FORM AND LEGALITY:
! C UNC/L CHAIRMAN
DE
U~P TY CORPORATION COUNSEL ~
COUNTY OF HAWAII ~ ~ ~ .Ir
~°OfINTY CLERti
F ~ J ter'
Date ' ,~~_L,~.~Ht ,
BiIINo.: 349 (Draft 2) _
Appi~ovr~iDisuppro»ed[his y C-793.1/PC-116
$ do Reference:
uj ~ ~ vrr 20 D`~' Ord: _ 0'4 Z~0
MA}'O!Z, _'(JUNT}'(JFIIAWAII
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