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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 Kii c;~_;,ti.c: Comm. 793.1 _3_ OPEN N V-.73 W - ~ OPEN ui OPEN OPEN ~ ~ r . i ~75~A ~ ~ ~ ~ C ~ v- " v-.7s ld 7 ~ ~ V-.75 OPEN z OPEN OPEN OPEN V-.73 OPEN ~ , _ OPEN OP ~ f f i ~ V-.75 V-.73 Banyan Dr. OPEN ~ - - M 1 MLfr9 ~ OMM RCIAL NEIGHBORHOOD (CN•10) c~a° ',~s ydo \ePa ' MIG-fa TO) I DUJ~RIAL•COMMERCUIL MIXED (MCX•20 0a a a~.ao ~ 59,356 SO. FT. = ~ v. 7s a\a~~ MLao 'O ~ ~ I ' MG-ta PEN r OPEN -.715 V-.73 MG to I KarnehamehaAve. v-.6~;~~ 0 OPEN ~ i~ OPEN C 10 OPEN Karnehameha Ave. CN•10 CN-f0 'OPEN ~ _ I ~ - o ?M: i:iAr, i i ML-10 ) ~ w ~ 3 ial~y;1 Q ' ,y OPEN KUawa Sii OPEN CN40 m g ;~~6 m 0 0 1~.41iy;;~ ' 1681 91 N o I m ~ 0 1 i, 1.50E ML-10 " m OPEN ML-p0 ML-Y Y ~ I ~ m "HA~AI",6 OPEN ~ 0 E l x os zers en giro n;, saoo salt v~~ 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 Hou~ai 1 (Tnu+lr is nn lrquU! Oppornmu}= Provider and hmplaper