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Home My WebLink AboutORD 2005-159 2004-2006 COUNTY OF HAWAI`~ STATE OF HAWAII BILL NO. ~ h~ ORllINANCE NO. CAS 159 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL (CN-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-49:24. 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 1983 (2005 Edition), 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 north side of Kawili Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 3893.00 feet South and 10770.75 feet East and running by azimuths measured clockwise from True South: 1. 90° 00' 121.75 feet along the north side of Kawili Street; 2. Thence along the intersection of Kawili and Kalanikoa (not constructed) Streets, along a curve to the right, having a radius of 20.00 feet, the chord azimuth and distance being: 135° 00' 28.28 feet; 3. 180° 00' 180.00 feet along the east side of Kalanikoa Street (not constructed); 4. 270° 00' L41.75 feet along Lot 1 (Grant 12693 to Kenneth H.K. Young) and Lot 2 (Grant 12695 to Eliza C.Y.C. Young); -1- 5. 360° 00' 200.00 feet along Lot 6 to the point of beginning and containing an area of 28,264 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 1983 (2005 Edition), the County Counci] 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. The applicant shall install a backflow preventer by a licensed contractor, meeting with the approval of the Department of Water Supply. C. Access to the property from Kawili Street shall meet with the approval of the Department of Public Works. D. All driveway connections to Kawili Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. Each existing driveway shall be limited to ingress or egress only. -2- E. Provide improvements to the entire frontage of Kawili 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, prior to the construction of any new structures or change in the use of structures. F. All 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. G. 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 for any new structures. H. 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. I. 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 towards the requirements of the Unified Impact Fees Ordinance. -3- J. Comply with all County, State and Federal laws, rules, regulations and requirements. K. Landscaping shall be provided in accordance with the requirements of the Planning Department's Rule No. 17 (Landscaping Requirements) along with the construction of any new structures. L. An initial extension of time for the perfomtance 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 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 gone. 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). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. -4- 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 declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. TRODUCE Y: COUNCIL P EMBER, C,P TY O ~HAWAI` INTRODUCED BY: D COUNCIL M BER, COUNTY OF AWAI`I Kona , Hawaii Date of Introduction: November 22, 2005 Date oflstReading: November 22, 2005 Date of 2nd Reading: December 7 , 2005 Effective Date: December 15, 2005 REFERENCE: Comm. 494 -5- RS-10- RS=10- -r-_. _ _RS-10- -__-_RS-10___ _ _ M6-fa - MCX-20 - - - -1 _ r ~ ° W ~ ~ ~ J II N tV ~ RS-10 RS-f0 g g ~ RS-f0 'i ~ 0. RS-10 i o+ M6-fa d E Lanikaula St c (n ~ o d ML-10 ~ I~ y k RS-f0 - ~ ~ ~ ~ ~ ~ - M -fa o O O N I O U i R f0 :,II-~*u7 ~r ti ,.,,F CN fO m Rs-io NEIGH ORHOOD Rsfo 3,893. OS n COMMER - OJ_ _ 10,77 75E ~ TOINDUSTRI L-COMMERCIAL ~ "HA f"~3, d MIXED MCX•20 ~ is. a~,~ n 28 26 SO. FT. ,n,,?3iwo~ c ao - - E Kawili St MG-la ML-20- ML-20 ML-20 ML-TO i 2 o_ C d M(~-fa i - _ - - - o Halekauila St ML-10 _ ML-10 ML-20 ~ MG~fa 220 110 0 220 440 fi60 880 1,100 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 1983 (2005 EDITION), 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 MK 2-2-049.024 Uate. September 16, 200 EXHIBIT "A" ~Jlm Winniman if73) OFFICF, OF THE COUNTY CLERK County ofHawai'i Kona, Hawaii ~ ~ ~i ~ 7 Introduced By: Pete ktotfmann/K. Angel Pilago ~ ROLJ,CALL VOTE Datelntroduced: November 22, 2005 AYES NOES ABS EX First Reading: November 22, 2005 Arakaki X Published: N/A Higa X Hoffmann X REMARKS. Holschuh X Ikeda X - Isbell X - Jacobson X Pilago X Safarik X 8 0 1 0 Second Keading: December 7, 2005 To Mayor: December 9, 2005 ROLL CALI, VOTE Returned: l~aromhar 15 2005 _ AYES NOES ABS EX Effective: Daramber 1 S 2005 Arakaki X Published: December 22, 2005 Higa X Hoffmann X REMARKS: Holschuh X _ Ikeda X ~ Isbell X Jacobson X _ _ _ - Pilago._- X - _ Safarik X 9 0 0 0 / DO HERE6Y CERTIFY that the foregoing BILL was udapted by the County Council published as indicated above. APPROVED AS TO FO AND LEGAL TY: COUNCIL CHA/RMAN D PUT C~PORATION UNSEL ~ COUN Y OF HAWAII D ate~3~ ~ ~ CO LINTY CLF,RK 163 Eiill No.: C-499/PC-42 ~ tl-' Reference: Approvr "D~~sapproved this- I day - ~ - - Ord No.: Lj3 3,.,59 of 17[. _ _.20_ES _ - A 7)K, COU~ 'Y LlAWA17