HomeMy WebLinkAboutORD 2006-146 2004-2006 rr or y
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 335
ORDINANCE NO. ~ 1,46
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
SINGLE-FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO
INDUSTRIAL-COMMERCIAL MLYED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-36:64.
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 - 20,000 square feet (MCX-20):
PARCEL "A":
Beginning at the Southwest corner of this parcel of land, being also the Southeast
corner of Lot "B" and on the North side of Lanikaula Avenue, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAI"being
3,443.00 feet South and 10,246 feet East and running by azimuths measured clockwise
from True South:
1. 180° 00' 125.00 feet along Lot "B", being the
remainder of Lot 14, Block 37 of the
Waiakea House Lots, 1st Series,
Grant 10,318;
2. 270° 00' 103.20 feet along same;
3. 360° 00' 125.00 feet along Lot I5, Block 37 of the
Waiakea House Lots, lst Series,
Grant 10,165;
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4. 90° 00' 103.20 feet along the North side of
Lanikaula Avenue to the point of
beginning and containing an area of
12,900 Square Feet, more or less.
PARCEL "B":
Beginning at the Southeast corner of this parcel of land, being also the Southwest
corner of Lot "A" and on the North side of Lanikaula Avenue, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALM" being
3,443.00 feet South and 10,246 feet East and running by azimuths measured clockwise
from True South:
1. 90° 00' 11.30 feet along the North side of
Lanikaula Avenue;
2. 180° 00' 200.00 feet along Lot 13, Block 37 of the
Waiakea House Lots, ls` Series,
Grant 9935;
3. 270° 00' 114.50 feet along Lot 11-B, Block 37 of the
Waiakea House Lots, ls` Series,
Grant 10,652;
4. 360° 00' 75.00 feet along Lot 15, Block 37 of the
Waiakea House Lots, ls` Series,
Grant 10,165;
5. 90° 00' 103.20 feet along Lot "A", being the
remainder of Lot 14, Block 37 of the
Waiakea House Lots, ls` Series,
Grant 10,318;
6. 360° 00' 125.00 feet along the same to the point of
beginning and containing an area of
10,000 Square Feet, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
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(1) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfaze; 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 al]
of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety days from the effective date of this ordinance.
C. Construction of the proposed development shall be completed within five (5)
yeazs from the effective date of this ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Chapter 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) and Section 25-5-137 (Landscaping of Yazds
in the MCX District).
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D. Parcels 64 and 134 shall be consolidated within one year from the effective date
of this ordinance.
E. Access to the project site from Lanikaula Street shall meet with the approval of
the Department of Public Works.
F. Provide full improvements to the entire frontage of Lanikaula 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 Deparhnent of Public Works. The improvements shall be located
within afive-foot road widening strip along the Lanikaula Street frontage and be
dedicated to the County of Hawaii prior to the issuance of a Certificate of
Occupancy.
G. Streetlights and traffic control devices shall be installed as required by the Traffic
Division, Deparhnent of Public Works.
H. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to the issuance of Final Plan
Approval. If required, 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.
I. The project shall connect to the existing County sewerline prior to the issuance of
a Certificate of Occupancy.
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J. 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.
K. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate azea 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.
L. 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 towazds the requirements of the Unified Impact Fees
Ordinance.
M. The applicant shall comply with all County, State and Federal laws, rules,
regulations and requirements.
N. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
O. An initial extension of time for the performance of conditions within the
ordinance maybe granted by the Planning Director upon the following
circumstances:
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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 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).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the Planning
Commission for appropriate action.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCE Y:
COUNCIL ME ER, COUNTY OF AI`
Hilo , Hawaii
Date of Introduction: October 31, 2006
Date oflstReading: October 31, 2006
Date of 2nd Reading: November 15 , 200 6
Effective Date: November 28, 2006
F.6ftRENCc: Comm. 104,~~~.
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o RS-10 _
it RS-f0 I RS-f0 RS-f0 i~ ~ RS-10 RS- 0 ML-20 ~
LEILA I ST
RS 10 ~ RS- 0 ML-20 ~
~ ESIDENTIAL-10 000 S~~.WFT. (RS- 0) ~
R -1o INDUSTRIAL COMM RCIAL
-20 000 . FT. MCX-20
N 22,90 SQ. FT. ~
- - ~ - ~ ML-2o ~
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RS-f0 RS 10 ~ ~ ~ g
E LANIKAULA ST
RS 1 R 10 3,443.00 $ RS 0 o p .1p-
10,246.00E ~ ~ ~
"HALM",~ ~ ~ g ~
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' ML- 0 L-20 5 ML-20 ML-20 `a ML-20 ML-20 ~
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ti op0p
2ao 120 0 240 480 720 sso t 2Feet
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 SINGLE-FAMILY RESIDENTIAL-10,000 SQ. FT. (RS-10)
TO INDUSTRIAL-COMMERCIAL MIXED-20,000 SQ. FT. (MCX-20)
AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK: 2-2-036:064 & 134 Date: June 19, 200
EXHIBIT ~~A~~ (NST Development, LLC:1203)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii '
Introduced By: K. Angel Pilago ~'~~'(~L'Fa_~ Cf~
Date Introduced: October 31, 2006 AYES_ NOES ABS EX
First Reading: October 31, 2006 Arakaki
~
Published: N/A Higa X
Hoffmann X
REA/ARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safazik X
B 0 1 0
Second Reading: November 15, 2006
To Mayor: November 17, 2006
ROLL CALL VOTE
Returned: November 30, 2006 AYES NOES ABS EX
Effective: November 28, 2006 Arakaki X
Published: December 15, 2006 Higa X
Hof&nann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson
Pilago X
Safarik X
7 0 2 0
1 DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO AND LEG LITY:
Al CnOUNCIL~HAIRMAN
DEPUT CORPORATION OUNSEL
COUN Y OF HAWAII
COUNTY CLERK
Date November 27, 2006
335
Bill No.:
a~,tF, d C-1048/PC-117
Approve Disapproved this Reference:
of ~ J PM't b/ , 20 0 ~ Ord No.: y0 146
MA R, CO ~ OF HAWAI `I