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Home My WebLink AboutCOM 1192.000 2006-2008 ~YY DF Harry Kim ~,c~ ~ Dixie Kaetsu Mayor Managing Director Barbara Kossow •h~oi.N'+ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 9615211 Fax (808) 961b553 KONA: 75-5706 KuaMni Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 3265663 rv 0 b April 21, 2008 Off; ~ C~~ z ~t N t'• ca Honorable Pete Hoffinann, Chairman 3 _ ' and Members of the County Council ' ' ~ ` ~'-I County of Hawai `i w 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffinann and Members: Change of Zone (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No. 93-36 T/ax Map Key: 2-4-8:portions 14 & 26 Change of Zone (REZ 06-000053) v Applicant: Clark Realty Corporation Request: Delete Condition G (County Sewerline Hookup) of Ord. 07-40 Tax Map Key' 2-2-35.47 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincer\ r Harry Kim r Mayor Enclosures ~ ~ ~ z cc: Planning Department Ref. Toy G < x.13 ~ Ref, Rate. PR 2 2008 y ga~.ry Kim .I Christopher J. Yueu ~yy~r Dirccror Brad Kurolcawa, ASLA LEED®AP ~LL.QIX~y5 .1,11 ~~~aXYI. Depaty Director PLANNING DEPARTMENT 101 Pauahi Suxet, Suite 3 Hilo, Hawau 96720-0224 (808)96]-8288 • FAX (808)961-8742 April 21, 2008 Pete Hoffmann, Chairman and Members of the County Council - ' . u County of Hawai `i _ 333 Kilauea Avenue, 2°d Floor 3 Hilo, HI 96720 'v ` ca Dear Chairman Hoffmann and Council Members: r~ Change of Zone (REZ 06-000053) Applicant: Clark Realty Corporation Request: Delete Condition G (County Sewerline Hookup) of Ord. 07-40 Tax Map Key' 2-2-35:47 The Planning Commission, after a duly held public hearing on April 4, 2008, voted to recommend for your approval the proposed legislative bill For an amendment to delete Condition G (connection to existing County sewer line) of Ordinance No. 07-40, which rezoned 21,050 square feet of land from a Limited Industrial - 20,000 square feet (ML-20) to an Industrial Commercial Mixed Use - 20,000 squaze feet (MCX-20) district. The property is located along the west side of Kanoelehua Avenue, approximately 95 feet north of the Kanoelehua Avenue-Hualani Street intersection, Waiakea House Lots, First Series, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant requests an amendment to Condition G of Ordinance No. 07 40 which changed the district classification from ML-20 to MCX-20 to allow the construction of an approximately 8,532-square foot two-story office building and related improvements. The County Wastewater Division previously recommended that the project connect to the County Sewerline, and Condition G was included requiring connection. Condition G reads: "The project shall connect to the existing County Sewerline prior to the issuance of a Certificate of Occupancy." By letter dated Hawaii Courtry is an Equa[ Opportunity Provider and Employer. ~ v Pete Hoffmann, Chairman and Members of the County Council Page 2 January 18, 2008, the Department of Environmental Management has stated that the project is exempt from hookup to the County sewerline since "a County sewerline is not currently located within Kanoelehua Street where the property is located and due to the high expenditure that would be required to extend the sewer system to service the property". The applicant proposes to install individual wastewater systems. 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 are not the result of their fault or negligence. In moving forward with the project, the applicant sought to comply with the stated conditions of approval under Ordinance No. 07 4Q, particularly with respect to Condition G. However, the Department of Environmental Management has reversed their original recommendation and now exempts the project from connection to the County sewerline. This request, if approved, will enable the applicant to comply with the requirements of the State Department of Health relating to the installation of individual wastewater systems on the property. The applicant will still be required to comply with all other conditions of approval. For your favorable consideration, an amendment to Change of Zone Ordinance No. 07-40 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rodney Watanabe, Chairman Planning Commission Lclarkreg06-000053PC2 Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel ti gL`ta.iranulRF9 ~a3/13/08 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CLARK REALTY CORPORATION AMENDMENT TO CHANGE OF ZONE ORDINANCE N0.07 40 tREZ 06-000053) CLARK REALTY CORPORATION has submitted a request to amend Condition G of Change of Zone Ordinance No. 07 40 which amended approximately 21,050 squaze feet of land from Limited Industrial - 20,000 squaze foot (ML-20) to the Industrial-Commercial Mixed 20,000 square foot (MCX-20) district. The property is located along the west side of Kanoelehua Avenue approximately 95 feet north of the ICanoelehua Avenue - Hualani Street intersection, Waiakea Houselots 1°` series, Waiakea, South ITilo, Hawaii, TMK: 2-2-35: 47. PROPOSED ACTION 1. Background and Request: Amendment to Condition G of Ordinance No. 07 40, effective Apri14, 2007 which changed the district classification from ML-20 to MCX-20 to allow the construction of an approximately 8,532-squaze foot two-story office building and related improvements. The County Wastewater Division previously recommended that the project connect to the County sewerline, and Condition G was included requiring connection. Condition G reads: "The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy." By letter dated Ianuazy 18, 2008, the Department of Environmental Management has stated that the project is exempt from hookup to the County sewerline since "a Cour?ty sewerline is not currently located within Kanoelehua Street where the property is located and due to the high expenditure that would be required to extend the sewer system to service the property". The applicant proposes to install individual wastewater systems. (Exhibit 1-Applicant's February 15, 20081etter and Department of Environmental Management's January 17, 2008 letter; Exhibit 2 -Ordinance No. 07 40) AGENCY COMMENTS 2. Department of Environmental Management: Exhibit 3 -February 26, 2008 memo -1- ATTACH: Cams. 1192 Bi11 293 PUBLIC COMMENTS 3. None as of this writing. -z- { 7 ' CARLSMITH BALL LLI~BpF^~pBp19 fi(7 5z ALIMITED LIABILITY LAW PARTNERSHIP F~V'1'VI~~~I \~~a ~1-11/',RTMEN7 121 WAIANUENUE AVENUE 'GUNTY ~F 1-iAWA{{ P.O. Box 686 Hao, ]inwnn 96721-0686 'rfLEPHONE $0$.935.6699 FAX $0$.935.7975 W W W.CARLSMTCH.COM $LIM~SCARLSMITH.COM February 15, 2008 Christopher Yuen Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Ordinance No. 07-40 Applicant: Clark Realty Corporation, a Hawaii corporation Request: Deletion of Condition G TMK: (3) 2-2-35:047 Deaz Mr. Yuen: This firm represents Clazk Realty Corporation, a Hawaii corporation, under Ordinance No. 07-40 ("Ord. 07-40"). Ord. 07-40 effective 04/04/07 changed the district classification for the Property from Limited Industrial 20,000 squaze feet (ML-20) to Industrial-Commercial Mixed 20,000 squaze feet (MCX-20) for approximately 21,050 square feet to allow for the construction of an approximately 8,532d square foot two-story office building and related improvements. Condition G provides that: " The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy." During the rezoning review and approval process, the Department of Environmental Management, Wastewater Division ("DEM") had recommended that the existing sewer system be extended to the Project as a condition for rezoning approval. However, the DEM has since reconsidered its earlier position requiring the Project to connect to the County sewerline and by letter dated 01/17/08 has exempted the Project from such requirement (Exhibit 1). Therefore, on behalf of Clark Realty Corporation, this will request that Condition G be deleted in it's entirety. As provided in Condition K, the Applicant will comply with State Department of Health requirements relative to the method of sewage disposal. We enclose a filing fee of $250.00. EXHIBIT c) 3 8 3 z s HONOLULU ~ KAPOLEI ~ HILO ~ KONA ~ MAUI ~ CUAM ~ SAIPAN ~ LOS ANGELES 1~ Christopher J. Yuen February I5, 2008 Page 2 Please feel free to contact me or my paralegal Katherine Luga should you have any questions or require additional information concerning this request. Thank you for your consideration and assistance. Very truly yours, STEVEN S.C. L SSL/KYL xc: Clazk Realty Corporation Robert D. Triantos, Esq. 4852-1421-2354.1.023459-00042 ND: 4852-1421-2354, v_ I 5 tv w . ~~Frb Bobby Jean Leithead-Todd Harry Kim Director Mayor ••.a.~+~~ Nelson Ho Deputy D%RCfOY (1~nunfg a~~~fuzzi`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupunl Street • Hib, Hawa~ i 96720 (BOS) %1-8083 ~ Fax (808} %1.8086 httoJ/co.hawaii.hi.us/directorv/dir envmne.htm January 17, 2008 Mr. Barry Francis Vice President Clark Realty Corporation 75-5722 Kuakini Highway Suite 203 Kailua-Kona, HI 96740 Re: Request for Exemption to Connect to Public Sewer TMK: 2-2-35:47 Dear Mr. Francis, L am in receipt of your request dated November 26, 20(17. This letter is to confirm my December 6, 2007 email notifying you that your request would be approved by the department. The Wastewater Division previously recommended that the property owner be required to extend the sewer system as a condition for rezoning approval as indicated in Bi1130. Since the County sewer line is not currently Iceated within Kancelehua Street where the property is located and due to the high expenditure that would be required to extend the sewer system to service the property, the Department has reconsidered it's position and is approving your request for exemption to connect to the County sewer line. If you have questions or require additional clarification, please do not hesitate to contact me at 96I -8083 or Bert Saito, Wastewater Division Chief at 961-8513. Sincerely, l ,1j~~C~Gc~ ce<..r~ ~O~ Bobby Jean Leithead Todd DIRECTOR cc: Harry Kim, Mayor (van Torigoe, Corporation Counsel Bert Saito, W WD Chief Lillian You, WWD Accountant I Matt McWhirter County offlawai'i is an Equal Opportunity Provider anJ Employer. I T.'.'s??~.3T 1 tp t! ~ / r Y, w~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. ~ ORDINANCE NO. 0~7 40 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HII.O ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDTI'ION), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML-20) TO INDUSTRIAL-COMMERCIAL MDt~D USE - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:47. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section ZS-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 descnbed hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall beIndustrial-Commercial Mixed Use - 20,000 square feet (MCX-20): Beginning at the Northeast comer of this lot, the Southeast comer of Lot 12, Block 16, and on tbe West side of Kanoelehua Avenue, the coordinates of said point of beginning referred to t.rovemment Survey Triangulation Station "HALAT', being 723.00 feet South and 11,075.00 feet East and running by azimuths measured clockwise fmm True South: i. 360° 00' 100.00 feet along the west side of Kanoelehua Avenue; 2. 90° 00' 223.00 feet along Lot 16, Bloek 16; 3. 180° 00' 100.00 feet along Lot i 3, Block 16; 4. 270° 00' 223.00 feet along Lot 12, Block 16 to the point of beginning and containing an area of 22,300 square feet, more or less. -1- EXHIBIT -y } Excepting and reserving therefrom, that certain parcel of land conveyed to the State of Hawaii by instrument dated September 26, 1952, recorded in the Bureau of Conveyances in Book 2636 at Page 408, containing an area of 1,250 square feet, more or less, leaving a net area of 21,050 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. ffi 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 respectto_ (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 required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment G=uidelines Policy" within 180 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 Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing -2- and/or proposed structures, paved driveway access and paridng 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), Chapter 25 (Zoning Code), Hawaii County Code. D. Ingress and egress to the subject property from Kancelehua Avenue shall meet with the approval of the Department of Transportation. Any improvements, if required, shall meet with the approval of the Department of Transportation. E. The applicant shall submit a completed FAA (Federal Aviation Administration) Form 746{)-1 to the FAA for review. A copy of the completed fornt shall also be submitted to the Planning Director prior to Final Plan Approval. 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. Any drainage improvements, if required, shall be constructed, mceting with the approval of the Department of Public Worm prior to the issuance of a Certificate of Occupancy. G. The project shall cormect to the existing County sewertine prior to the issuance of a Certificate of Occupancy. H. 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. -3- I. 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. J. 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. K. The applicant shall comply with all County, State and Federal laws, rules, regulations and requirements. L. An initial extension of time for the performance of conditions within the ordinance may be grarrted by the Phmning Director upon the following circumstances: 1. The rron-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 Plam 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- 4. The time extension gamed shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one yeaz may be extended for up to one additional yeaz). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Plamring 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED COUNCIL ME71 COUNTY OF ITA AI`I xilo .Iiawai`i Date oflntroduction: March 9, 2007 Date of 1st Reading: March 9, 2007 Date of 2nd Reading: March 21, 2007 Effective Date: April 4, 2007 RFFERt3~lCl:: ConNn. 104 -5- _ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo. Hawaii Introduced By: K. Angel Pilago R V TE T Datelntroduced: March 9, 2007 AYES NOES ABS ^EX First Reading: March 9, 2007 Ford X Published: N/A Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 8 0 1 0 SecandReading: March 21, 2007 To Mayor: March 28, 2007 ROLL CALL VOTE Remmed: April 4, 2007 AYES NOES ABS EX Effective: April 4, 2007 Ford X Published: April 23, 2007 X Higa Hoffmann X REMARKS: Ikeda X Jacobsoa X Naeole X Pilago X Yagong X Yashimoto X 9 0 0 0 I DO H,;REBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. _ - \ APPROVED AS TO ~ J1 FOR AND LEGALITY: COUN tL NAI D P ~O RATION C SEL COUNTY OF HAWAI'1 MAR ~ 0 7'~~ ~UNTrCLERK Date Bill No.: 30 Reference: C-109/PC-15 pprov Disapproved this day ~f , ~o 01 ordNo.: 07 40 YOR, C OFHAWAI'I I ~Mt~ o~ 29 Pfi ~ g t ! ~G ' a4. Bobby Jean Leithead-Todd Harry Kim t~~~~NiU1N~a r~ r~h~ Director Mayor t+tl~~~ JE`~ ~t}rMl;1VT QF HAW~p '+~y.~.w'+i~'~ Nelson Ho Deputy Director C~OLtTC~~1 II~ ~tC~11~Ct `T DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 ~ Fax (808) 96i-8086 htto://co.hawaii.hi.us/directory/dir envmnp htm MEMORANDUM Date February 26, 2008 To CHRISTOPHER YUEN, Planning Director ' Frrom BOBBY JEAN LEITHEAD-TODD, Director Subject Change of Zone (REZ 06-000053) Applicant: Clark Realty Corporation Request: Delete Condition G (County Sewerline Hookup) of Ord. 07-40 TMK: 2-2-35:47 Per our January 17, 20081etter to Mr. Francis of Clazk Realty Corporation, we have no objection to their request to delete Condition G of Change of Zone Ord. 07-40. cc: WWD EXHIBIT 9~1 J County of HawaiS is an Equal OpporNnity Provider and Employer. s-A ~ i'I +J hJ ~ 1 RCIazkREZ.doc-3/13/08 COUNTY OF HAWAII'PLANNING DEPARTMENT RECOMMENDATION CLARK ~iEALTY CORPORATION AMENDMENT TO CHANGE OF ZONE ORDINANCE N0.07 40 (REZ 06-0000531 Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director recommends that a favorable recommendation of the request to amend Condition G of Ordinance No. 07 40 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Drrector reserves the right to modify and/gr alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests an amendment to Condition G of Ordinance No. 07 40 which changed the district classification from ML-20 to MCX-20 to allow the congtruction of an approximately 8,532-square foot two-story office building and related improvements. The County Wastewater Division previously recommended that the project cormect to the County sewerline, and Condition G was included requiring connection. Condition G reads: "The project shall connect to the existing County sewerline prior to the issuance of a,Certificate of Occupancy." By letter dated 7anuary 18, 2008, the Department of Enviromnentat Management has stated that the project is exempt from hookup to the County sewertine since "a County sewerline is not currently located within IZancelehua Street where the property is located and due to the high expenditure that would be required to extend the sewer system to service the property". The applicam proposes to install individual wastewater systems. 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 are not the result of their fault or negligence. In moving forward with the project, the applicant sought to comply with the stated conditions of approval under Ordinance No. 07 40, particulazly with respect to Condition G. However, the Department of Environmental Managemem has reversed their original recommendation and now exempts the project from connection to the County sewerline. This request, if approved, will enable the applicant to wmply with the requirements of the State Department of Y Health relating to the installation of individual wastewater systems on the property. The applicarn will still be required to comply with all other conditions of approval. Based on the above, the Planning Director recommends that a favorable recommendation to amend Condition G of Ordinance No. 07 40 be forwarded to the County Council. (Material to be deleted is bracketed and struck-through; new material is underscored): A. The applicarn, its successors or assigns shall be responsible for complying with all 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 180 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 Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall idernify all existing andlor proposed structures, paved driveway access and parking stalls associated with the proposed developmern. 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 Requiremerns), Chapter 25 (Zoning Code), Hawaii Courny Code. D. Ingress and egress to the subject property from I{anoelehua Avenue shall meet with the approval of the Department of Transportation. Any improvements, if required, shall meet with the approval of the Department of Transportation. E. The applicant shall submit a completed FAA (Federal Aviation Administration) Form 7460-1 to the FAA for review. A copy of the completed form shall also be submitted to the Planning Director prior to Final Plan Approval. F. All development generated runoff shall be disposed of on site and shall not be dvected toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance -2- ~ ~ of Final Plan Approval. 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. G. [ ] Individual wastewater systems shall be installed meetingwith the approval of the Department of Health. H. 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. I. 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. Subsequem work shall proceed upon an azchaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. J. 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. K. The applicam shall comply with all County, State and Federal laws, rules, regulations and requirements. L. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the resuh of conditions that could not have been foreseen or aze beyond the control of the applicant, successors or assigns, and that aze not the resuh 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 -3- I ~ 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 grained for performance (i.e., a condition to be performed within one year may be 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. -4- I 1 yMty os. v COUNTY OF HAWAII . ' STATE OF HAWAII ~~Of ~M~ BILL NO. ORDINANCE NO. t c~~)1 r, tf,.,sls.~.r~. .,.-tit.'! ~ i AN ORDINANCE AMENDING ORDINANCE NO. 07 40 WHICH RECLASSIFIED LANDS FROM LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML-20) TO INDUSTRLSL- COMMERCIAL MIXED USE - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:47. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 07 40 is amended as follows: "SECTION 2. Tn 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. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. i 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 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), Chapter 25 (Zoning Code), Hawaii County Code. D. Ingress and egress to the subject property from Kanoelehua Avenue shall meet with the approval of the Department of Transportation. Any improvements, if required, shall meet with the approval of the Department of Transportation. E. The applicant shall submit a completed FAA (Federal Aviation Administration) Form 7460-1 to the FAA for review. A copy of the completed form shall also be submitted to the Planning Director prior to Final Plan Approval. F. All development generated runoff shall be disposed of on site and shall not be directed towazd any adjacent properties. If required, a drainage study shall be prepazed and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. 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. -2- G. [ ,.Fn,.,.....°~~•,] Individual wastewater svstems shall be installed meeting with the approval of the Department of Health. H. 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. I. 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. J. 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. K. The applicant shall comply with all County, State and Federal laws, rules, regulations and requirements. L. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: -3- d 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. Q. 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 yeaz). 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 azea to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. 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. -4- i~ SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5- ru.~~ Ak, 20 69Efd :;:-3fl pyEp CG7.3 i N aiul~i sr ase ~,.m cG .s C67.5 W g c~ _ ~ i S I i I OIPBI °O C67.s C675 M.-ZO AIL-ffi R NS70 RSM iM3.00 ~ ~ ~ ~ rr m y.m ~ 7/N.AI"® i F A n 0 asa esto nsw nsm r-~ rcrFw ~ x~uuawttr e liS1 NS70 ASf1 .SQ. (;T - gS11 OPEN e_ ~R. K.7t ' ~,M 1a ll&N p DPFM 21D 100 0 700 100 UUO _ 80D t.00D ~dr~sr - Feet AIVIENDMENT 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 7983 (2005 EDITION}, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL-20,000 SQ. FT. (ML-,2(1) TOINDUSTRIAL-COMMERCIAL MIXED-20,000 SQ. FT. (MCX-20) AT WAiAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII _22:047 FOR REFERENCE ONLY l3ate:tkiober 102006 EXHIBIT "A" {dark Rea~tya2i5) I