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Home My WebLink AboutBIL 141 Draft 01 2004-2006 CO~JNT'~"Y O~ I~'~AI~_ ~TA'I°E OF I~A~A.I`I BILL NO. 141 ORDINANCE NO. AN ORDINANCE <4MENDING 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 FAMIT,Y RESIDENTIAL (RS-10) TO LIMITED INDUSTRIi~sL. (ML-20) AT WAIA~.EA, SGUTH HILO, HAWAII, COVERED BY TAB MAP I~EY 2-2-35:9 ~z 10. 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 Limited Industrial (11~IL-20): Beginning at the northeast corner of this parcel of land, being also the southwest corner of the intersection of Kalanikoa Street and Hualani Street, the coordinates of said point of beginning ra:ferred to Government Survey Triangulation Station "HALM", being 963.00 feet South ar:€~1 10,579.00 feet East, thence rt.~rming by azima~ths measured clockwise from true South: 1. 360° 00' 200.00 feet along Kalanikoa Street; 2. 90° 00' 229.00 feet along Grant 11,05$ to Mrs. Margaret A_h Ki (Lot 6B); 3. 180° 00' 200.00 feet along Grant 9771 to Tsutae Murashige (Lot 3) and along Grant 10,058 to Thos. M. Cunningham (Lot 1); 4. 270° 00 229.00 feet along Hualani Street to the point of beginning and containing an area of 45,800 Square -Feet. -1- All as show~~ 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) R.;asonably 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 applicants, their successors or assigns shall be responsible for complying witb all of the stated conditions of approval. B. Construction of the proposed development shall be completed within five (5) years from th:: effective date of this ordinance. Prior to construction, the applicants, successors or assigns shall secure Final Plan Approval for the proposed dcveloprb~ent from the Planning Director in accordance with Section 25- 2-70, Chapter 25 (honing Code), Hawaii County Code. Plans shall identify all existing 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 P~equirements). Landscaping shall follow the standards applicable to light industrial zones that abut residential zones. -2- C. Improvements shall be constructed along the entire frontage of Kalanikoa Street and Hualani Street consisting of, but not lirr~ited to, pavement widening with concrete curb, guttw~ and sidewalk, drainage- improvements, and any required relocation of utilities, meeting with the approval of the Department of Public Works. D. The applicants shall provide a minimum 20-foot property line curve radius at the intersection. of Kalanikoa and Hualani Streets. The curve radius shall incorporate any fature road widening setbacks(s) as established by the Planning Department. E. All driveway connections to Kalanikoa Street and Hualani Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. Install streetlights, traffic control devices, signs, and markings meeting with the approval of ,lie Department of Public Works, Traffic Division. G. A drainage ~;tudy shall be prepared and any 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. H. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. I. The development shall connect with the County's sewer system prior to the issuance of a Certi`~cate of Occupancy, meeting with the approval of the Department of Environmental Management. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the -3- immediate area shall cease and the Department of Land and Natural Resource - State PIistoric Preservation Division (DLNI~.-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-S1=Ik D when it finds that sufficient mitigation measures have been taken. K. The applicants shall comply with all applicable County, State and 1~ ederal laws, rules, regulations and requirements. L. A final status repor< shall be submitted to the Planning Director upon compliance with all concitions of approval of this change of zone. M. An initial eaensior£ of time for the performance of conditions within the ordinance n£ay 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 applicants, successors or assigns, and ~'1?at arc not the result of their fault or negligence. 2. Grar._~ting of the time extension would not be contrary to the Gerberal Plan or honing Code. 3. Granting of the time extension would not be contrary to the original reasons for-the granting of the change of zone. 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 sine additional year). -4- 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. N. Should any of the conditions not be met or substantially complied with in a timely fashion, the 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 This ordinance shall take effect upon its approval. INTRODU D BY: 1 ,f COt~'N M1~1l~1BER, O ' TY OE PIt~~1i7AI`~ INTRODUCED BY: COUNCIL ~ ~3ER, COUNTY ~ HRWAI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective D~tc,: -5- CG-7.5 CG~7.5 CG-~7.5 ~?L-20 - ML-20 L__._.._.._I - i - ~ CG17.5 NIL-20 ~t ~ '~1L-2r~ CG-7.5 CG~7.5 l _ - - _ _ _ _ - _ . I,_ - . RS-10 RS~10 RS 10 __RS-r0 _...._5..,_TRS 0 o _ _ _ ~ ~ NIL-20 I ~~CX-20 S6F~Cs~~aFA:~~' -t~-s~~=FO-- - i i ~ ~ a5,$~~# .1;'' - ~ 1 10 - 9~3.OO.,S._ ~ ,1 RS 10, 579.00 ~ R~-90 "°yq~g°'", S-10 P°4L-10 5-10 ~10 (`9`t!~ ~3~4 ~ nS-90 ~ I R -10 E RS ?0 ._r <S 10 R 10 S :k a RS-i0 1 I ~ ~ _ m I- - ~ .~i 1~ R •1 S 0 _ -r~-. _ _ i I_ R~.9o =:a~-1o ,zsS-10 -10 li i - .i ~ ~ ~ RS-10 Cgd..2,^. RS-10 CG-20 L _ . ~ RS-f0 CM-2F RS-10 ` ~ ! ~4CX-20 L, _ ~ CG-20 A ~~L CG-2€1 RS-10 ~ . i L. _ RS-10 I _ R 1o i R$-ao Rs 1o I~ :S~L•zo Rs-ac r10 K~#<CUa~aoa St RS-10 RS-10 RS-90 RS-10 C -10 RS-10 I ?b7CX-20 ;a ~ "90 5 0 ~7G ~,.iuv :.1.450 ~ . , Arv'I~~I~C ~~CTI~I~ ~CBTY Iw E-EI~G ~C~ SAP) AI~TICL CHA~T~ 2~ ~~I~I~ C~~) C~I~ THE H,~tWAll C~3~~-i YY C(~~~, ~Y CHA~JCIC THE ~IS~`I~ICT CLASSi~CATI~I~ ~~tO~<1 S~~l~:~-~,~,°~~~.Y ~~:Ss~I~TIA~ ~~2S-10) 'TO ~IT~~ ~IVC~~SSTR~A ([~L--20) ,T V'JA~AK~A, S4~T~-i 1-1~i~., ~iAVI/All ~'ff~~€'AI~~~ 1<3Y: I~~,AIVN@NG I~~F'ARTII~~NT C~IJ~TY CAF HAWAII nr~: 2-2-o3~:cos & 010 ~n~.~ zo, goo "~c" (Howard DeLtma, Jr. ~ Ma~~a L?s' ima:1166)