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Home My WebLink AboutCOM 1192.001 2006-2008 t~YY p~ p{ Mailing Address: STACY K. RIGA y w ~ ~ ~~y,~, C'ounc'i11L1embe~• (rorjyter C vicnty Building) ~ ~ District ~ 25 Aupuni Street Lily, Ilrxwai `i 96720 o ~~'~'aF PHONE: (808) 961-8396 - Business Address: ~'AX: (8U8) 961-8912 (Ben Franklin Buildr'ng) EMAIL: shi~a«r`,co.ha~~vaii.hi.us 333 lt'ilauea Avenue:, 2`t`~ H'lvor• b Ilily, Ilau~ai `i 96.20 x~ ~~1 `I CaUNTY COUNCIL MEMORANDUM T0: Pete Hoffmann E~~:. ~ ~ And Members of the County Council ~ ~ ~:r.~'µ~ FROM: Stacy K. Higa, Council Member - ~ ~ . ~ DATE: May 9, 2008 ~ ~ ~ SUBJECT: Proposed Amendment to Bill 2,93, ORDINANCE AMENDING~~ ORDINANCE N0.07 40 WHICH RECLASSIFIED LANDS FROM LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED USE - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-3 5 :47 Attached for your consideration is a proposed amendment to B~11293, to amend condition G. The amendment is to read as follows: "G. Individual wastewater systems shall be installed, meeting with the approval of the Department of Health. Although the Property is not currently directly accessible to the public sewer along Kanoelehua Avenue, upon receipt by the Applicant and/or its successors and assigns of official notice that the Property is accessible to the public sewer, all buildings on the Property shall be connected to the public sewer, pursuant to section 21-5(a), Hawai`i County Code, as amended." The proposed amendment is in Ramseyer format and bolded for illustrative purposes. A draft of Bill 293, Draft 2, is attached with the proposed amendment incorporated. Thank you for your consideration in this matter. SKH/adr Att. j~2.~ I Corm. Nv~ Ref. To; ~ ~ Hativai `i C'vunty is ran Fyual Upportl~nity Provider and Employer. ~Qf, ~a~e MAY 9 AN ORDINANCE AMENDING ORDINANCE N0.07 40 WHICH RECLASSIFIED LANDS FROM LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML-20) TO INDUSTRIAL- COMMERCIAL MIXED USE - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-3 5:47. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 07 40 is amended as follows: "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. 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 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 toward any adj acent 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, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. G. ~ ~,-e~-~-f-~c~ ]Individual wastewater systems shall be installed, meeting with the approval of the Department of Health. Althou h the Property is not currently directly accessible to the public sewer along Kanoelehua Avenue, upon receipt by the Applicant and/or its successors and assigns of official notice that the Property is accessible to the public sewer, all buildings on the Property shall be connected to the public sewer, pursuant to section 21-5(a), Hawai`i County Code, as amended. -2- 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. 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 Or finance. 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: 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- .i,~ _ _ _ n ~ ~.~.uw..~,.~.~. b,. 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 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. SECTION 4. This ordinance shall take effect upon its approval. -4-