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Home My WebLink AboutORD 2007-136 2006-2008 ~y1MTV Os N'•;1 Q` 4 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 137 ORDINANCE NO. 0"~ .136 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 MLXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-036:090. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. 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): Beginning at a rebar found at the southwest comer of this parcel of land, also being on the southeast corner of Lot 15 and on the northern right-of--way of Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 3,443.00 feet South and 9,478.50 feet East and thence running by azimuths measured clockwise from true South: 1. 180° 00' 00" 200.00 feet along Lot 15, Block 35 to a found pipe; 2. 270° 00' 00" 112.50 feet along Lot 12, Block 35 to the right- of-way of Hinano Street to a set pipe; 3. 0° 00' 00" 200.00 feet along the right-of--way of Hinano Street to a pipe found; 4. 90° 00' 00" 112.50 feet along the right-of--way of Lanikaula Street to the point of beginning and -1- containing an area of 22,500 square feet, more or less. Al] 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: (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. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one hundred and eighty days from the effective date of this ordinance. C. Construction of the proposed development shall be completed within five (5) years 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 -2- 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 Deparhnent's Rule No. 17 (Landscaping Requirements) and Section 25-5-137 (Landscaping of Yards in the MCX District). D. Access to the project site shall meet with the approval of the Department of Public Works. E. The applicant shall provide full improvements to the entire Frontage of Lanikaula Street and Hinano 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. The improvements shall be located within five-foot future road widening strips along the Lanikaula Street and Hinano Street frontages and be dedicated to the County of Hawaii prior to the issuance of a Certificate of Occupancy. F. The applicant shall provide a minimum 20-foot corner radius (property line at the intersection of Lanikaula Street and Hinano Street) incorporating the 5-foot future road widening setbacks. G. Streetlights and traffic control devices shall be installed as required by the Department of Public Works. -3- H. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. I. 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. J. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. K. 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. L. 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. M. 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. -4- N. The applicant shall comply with all County, State and Federal laws, rules, regulations and requirements. O. 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. P. An initial extension of time for the performance 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 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- 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED B , COUNCIL ME ER, COUNTY OF AI`I Kona , Hawaii Date of Introduction: September 6, 2007 Date oflstReading: September 6, 2007 Date of 2nd Reading: September 19, 2007 Effective Date: October 10, 2007 REFEFENCE: Comm. 563 -6- 863.7 RS 0 RS 10 RS 0 10 LEILANI ST N W E x_ ANGLE-FAMI Y RESIDENTIAL 10 000 S FEET (RS-10) TO IAL- MERGAL MU(E RS-10 ZO 000 t]UAR FEET CX-20 e1i CN•10 10 c z R 10 3,043.00 S ~ _ 9,178.50 RS10 FIALAI R f0 R f0 E WIINAULA ST 1p R 0 RS10 OR.•20 $ ~ R 10 0 m ~ RS10 y O ~ RS10 z -20 IR--10 •20 E KAYALI ST ~ o o AH.-20 RS10 RS10 ~-20 A71-20 ~ A9.-20 ~ zoo tzo o zno aeo 7zo sso t zip eat 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 SQUARE FEET (RS-10) TOINDUSTRIAL-COMMERCIAL MIXED 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-2-036:090 Date: April 9, 2007 EXHIBIT "A" (cyl,tnia KuWei Thomas:t229) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: K. Angel Pilago RD ~L~IALL~~T~ r i Date Introduced: September 6, 2007 AYES NOES ABS EX First Reading: September 6, 2007 Ford ~-,X Published: N/A Higa X Hoffmann X XEMARK.S' Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 Second Reading: September 19, 2007 To Mayor: September 27, 2007 ROLL CALL VOTE Returned: p ob r 10, 2007 AYES NOES ABS EX Effective: October 10, 2007 Ford X Published: October 18, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X - Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was ad the County Council published as indicuted above. APPROVED AS TO FOR AND LEGALITY: ~ COU QQQ - DEPU CORPORATION COU EL r 'j~C~-~,.~,._..- COUN OF HAWAII OCT - Z 2007 COUNTY ERK Date Bill No.: 137 ~iW Reference: C-563/PC-41 . pprove Disapproved this I 0 day off, b(/{'obG( , 20~ OrdNo.: Q~ 136 AYOR, NTYOFHAWAI'I