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Home My WebLink AboutORD 2005-142 2004-2006 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 141 ORDINANCE NO.VS 14.2 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-] 0) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:9 & 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 (ML-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 referred to Government Survey Triangulation Station "HALM", being 963.00 feet South and 10,579.00 feet East, thence running by azimuths measured clockwise from trne South: 1. 360° 00' 200.00 feet along Kalanikoa Street; 2. 90° 00' 229.00 feet along Grant 11,058 to Mrs. Margaret Ah 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 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 applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 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 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). 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 limited to, pavement widening with concrete curb, gutter 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 future 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 Sidewa]ks, of the Hawaii County Code. F. Install streetlights, traffic control devices, signs, and markings meeting with the approval of the Department of Public Works, Traffic Division. G. A drainage study 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 Certificate 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 Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. L. A final status report shall be submitted to the Planning Director upon compliance with all conditions of approval of this change of zone. M. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: I. 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 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 year maybe extended for up to one 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 4. This ordinance shall take effect upon its approval. INTRODU D BY: COUN MEMBER, O TY OF HAWA[`I INTRODUCED BY: COUNCIL BER, COUNTY HAWA[`I x; ~ ~ , Hawaii Date of Introduction: September 21, 2005 Date oflstReading: September 21, 2005 Date of 2nd Reading: October 5, 2005 Effective Date: October 11, 2005 '""C°. Comm: 410 -5- CG-7.5 CG7.5 CG~7.5 - ML-20 t _ _ _ ML-20 i it N I _ CG-7.5 CG77.5 CG7.5 ML-10 ML-20 _ - - - I~ RS-10 m RS}10 R510 RS-~IIO I, ~ RS-f0 ~ - - _ _i _ o _ - - - ' ~ ML-20 MCX-10 - SINGLE FAMILY _ - _ RES $$A RS-tB--_ - _ - RS-10 - - ~ - - - LIMITE INDU TRIAL ML-20) M~-zo 410 I I ~as,eoo Q. Fr. -1 -M' loss sis.oo a ~ ~ - R~-f0 "HALAP'c, S-f0 i ML-10 S4U RS410 II Hua am t ~ RS-f0 yv'' [ ~ ! R~-10 ~ RS-f0 RS 10 R~10 y ~ 5s~'~ ~ RSr10 0 i m - v i t w ~ c r ~ RS-f0 ~ or _..L. _ _ _ N - - dIC RS-10 R -f0 M -f0 "r-10 ~ L-_ - - - - _ - _ T. p1 ! RS-f0 CN-20 RS-f0 CG-20 ~ ' -__i Sc.._ R54U RS-f0 CN-20 rn MCX-20 _ - I-_ ~ I _ - CG-20 ML20 RS-f0 _ _ _ _ _i _ _ , y CN-f0 CG-10 RS-f0 _ f _ _ RS-10 z ii RS-f0 RS-10 RSr10 R f0 ~ R -f0 RS f0 i ML-20 Kekuanaoa St RS-10 RS-10 RS-f0 RS40 C -f0 RS-10 MCX-20 290 146 0 290 580 870 1 160 1 450 Feet 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 LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-2-035:009 & 010 Date: Ma 25, 200 EXHIBIT ~~14~~ (HOwartl DeLima, Jr & Napua DeLima 1166) OFFICE OF THE COUNTY CLERK County of Hawaii xilo, Hawaii L_.I 1 ` Introduced By: Pete Hoffmann & K. Angel Pilagc ROLL CALL VOTE Date Introduced: September 21, 2005 AYES NOES ABS EX First Reading: September 21, 2005 Arakaki X Published: N/A Higa X Hoffmann X ' REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 Sccond Reading: October 5, 2005 To Mayor: October 6, 2005 ROLL CALL VOTE Returned: October 12, 2005 AYES NOF,S ABS EX Effective: October 11, 2005 Arakaki X Published: October 18, 2005 yiga X Hoffmann X REMARKS: Holschuh X ~ Ikeda X Isbell X ~ Jacobson X Pilago X Safarik X 7 0 2 0 I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the Counry Council published as indicated above. APPROVED AS TO FORM AND GALI CC COUNCIL CHA/RMAN D TY CORPORATION COUNSEL COUNTY OF HAWAII ~ COUNTY CLERK Date 141 Bill No.: _ _ _ ~ C-410/PC-35 pprov~ Disapproved this I~ day Reference: ora No.: VS 142 of 0 , zo 05 YOR~'~~OF HAWA!'/