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Home My WebLink AboutORD 2008-096 2006-2008 COUNTY OF HAWAII STATE OF HAWAII W. BILL NO. 293 ORDINANCE NO. 08 96 DRAFT AN ORDINANCE AMENDING ORDINANCE NO. 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 2-2-35:47. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 07 40 is amended as follows: "SECTION 2. 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 may be 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 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, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. -2- G. [TL t shall the ° visfi `Y !`ount., sewer-line to the issu of eenneet to Gefti :e to of n,.ettp.,ne ] Individual wastewater systems shall be installed, meeting with the approval of the Department of Health. Although the Property is not currently drectly 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), Hawaii County Code, as amended. 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. 1. 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. -3- 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 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 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." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. -4- 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 BY: A AII COUN IL ME ER, COUNTY OF Hilo, Hawaii Date of Introduction: June 3, 2008 Date of Ist Reading: June 3, 2008 Date of 2nd Reading: June 18, 2008 Effective Date: June 30, 2008 1192.2 MEERENCE. Comm. -5- cN 1 PNk.AtllS~ ~ ~ At-PO CG- .5 CG 7.5 _ W B i S i w OPEN M7.5 Mrs ~ ii 1r-20 5i 70 ° RS-10 RS-10 RS NS-19 At•10 it-a IMWA iR;7IFlr s f0 O RS10 RS10 R5-11 A6f0 A/ AA~fO W AlaM ST It & AgTO AS10 RSA ft-f0 qft% M FT. MUM ASfs opm RSdO wo N OPFA? ac,o o 200 140 e~ am , °~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 LIMITED INDUSTRIAL-20,000 SQ. FT. (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED-20,000 SO. FT. (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII 61c: 2-2-035:047 FOR ' REFERENCE ONLY pat. WOW 10, 20063 EXH1BIT "A" cclerk Realry:1215y OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii (Draft 2) Introduced By: Stacy K. Higa ROLL CALL VOTE Date Introduced: June 3, 2008 AYES NOES ABS EX First Reading: June 3, 2008 Ford X Published: N/A Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X Second Reading: June 18, 2008 7 0 2 0 To Mayor: June 26, 2008 Returned: June 30, 2008 ROLL CALL VOTE Effective: June 30, 2008 AYES NOES ABS EX Published: July 9, 2008 Ford x r.._; Higa X ~ REMARKS: Hoffmann X Ikeda X Jacobson X Naeole X "Cs - Pilago X Yagong X Yoshimoto x J i 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was the County Council published as indicated above. APPROVED AS TO FOR/fq AND LEG ITY: CO NIL CH N D U CORPORATION UNSEL COUNTY OF HAWAII JUN 2 6 2008 COUN L RK Date Bill No.: 293 (Draft 2) CReference: C-1192.2/PC-84 o,o,4pp > Disapproved this ~0 day 08 96 (?I Jtmv_ , ao 09 Ord No.: - 1A Y0 LNTYOFHAWAI7