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Home My WebLink AboutCOM 0362.001 2008-2010 rtY Oi M William P. Kenoi Lono A. Tyson Drrecror Mayor Ivan M. Torigoe Deputy Director Count of cubial`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 htti)://co.hawaii.hi.us/directory/dir envmne htm -4 June 8, 2009 J Yoshimoto, Chair i And Members of Hawaii County Council Ben Franklin Building = -Z a-i 333 Kilauea Avenue Hilo, HI 96720 Subject: Request to Amend Bill No. 87 Dear Chairman Yoshimoto and Council Members, The Department of Environmental Management hereby requests the following revisions be made to the subject bill as follows: Bill 87: Revise Item K to read: "Prior to issuance of a Certificate of Occupancy, the proposed project shall connect to the existing County sewer collection system in accordance with County of Hawaii, Department of Environmental Management, Wastewater Division Standards. Depending on the nature of the proposed project, the Applicant may be required to prepare and submit a Sewer Study to the Department of Environmental Management for review and approval prior to Final Plan Approval." Mahalo in advance for your consideration of our request. If you have additional questions or need further clarification, please contact Ms. Dora Beck, P.E., Wastewater Division Chief, at 961-8513 or dbeckgco.hawaii.hi.us. Best Regards and Aloha, A-T, A Lono Tyson Vv DIRECTOR enclosures cc: William Kenoi, Mayor Donald Ikeda, Planning Committee Chair Brenda Ford, Council member t!o Bobby Jean Leithead Todd, Planning Director Comm. b L,._. Dora Beck, P.E., Wastewater Division Chief Ref. To: Ref, Dote _,,Jll 1 6 200 County of Hawaii is an Equal Opportunity Provider and Employer. ~1~ I' qtr Or M4 COUNTY OF HAWAII STATE OF HAWAII 1?'r OrMA BILL NO. 87 ORDINANCE NO. 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 MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-035:001 AND 103. 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 Houselots, Waiakea, South Hilo, Hawaii, shall be Industrial-Commercial Mixed - 20,000 square feet (MCX-20): BEGINNING AT A PIPE AT A CERTAIN LOCATION OF THIS PARCEL OF LAND BEING ON THE NORTH SIDE OF KEKOANAO'A STREET. THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "HALA'L' BEING 1,763.00 FEET SOUTH AND 10,250.00 FEET EAST, AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH: 1. 90° 00, 109.00 FEET ALONG THE NORTH SIDE OF KEKOANAO'A STREET TO A PIPE; 2. 180° 00, 4,00 FEET TO A PIPE; 3. 90° 00, 20.00 FEET TO A PIPE; 4. 180° 00, 96.00 FEET ALONG THE EAST SIDE OF LAUKAPU STREET TO A PIPE; -1- 5. 270° 00' 229.00 FEET ALONG LOT 13, BLOCK 22, WAIAKEA HOUSELOTS, FIRST SERIES, TO A PIPE; 6. 360° 00' 100.00 FEET ALONG LOT 16, BLOCK 22, WAiAKEA HOUSELOTS, FIRST SERIES, TO A PIPE ON THE NORTH SIDE OF KEKUANAO`A STREET; 7. 90° 00' 100.00 FEET ALONG THE NORTH SIDE OF KEKOANAO`A STREET TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 22,820 SQUARE FEET, MORE OR LESS. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a 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: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) 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(s), 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 180 days from the effective date of this ordinance. -2- C. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply. D. Construction of the proposed development, including the improvements listed in Condition G, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicants, 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. E. Access(es) to the project site shall be limited to right-turn in, right-turn out movements at Kekuanao`a Street and full movements at Laukapu Street and shall meet with the approval of the Department of Public Works. Should there be future road improvements at Kekuanao`a Street, such as a dedicated turn lane fronting the subject site that can reasonably and safely accommodate left turn movements, left turn movements may be permitted by the Department of Public Works. All driveway connections to Kekuanao`a Street and Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawai'i County Code. -3- F. A five-foot wide future road widening strip along the Laukapu Street frontage and a 10-foot future road widening strip along the Kekuanao`a Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. G. The applicants shall provide improvements to the project's frontage along Kekuaniio'a Street and Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setback. H. The applicants shall provide a minimum 20-foot comer radius at the intersection of Kekuanao'a Street and Laukapu Street incorporating the future road widening setbacks. 1. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed. J. 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 the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. K. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. -4- L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. M. 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. N. 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. 0. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. P. 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 applicants, 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. -5- 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(s) should require an additional extension of time, the Planning Department 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 BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENC & CMW 36 -6- R5-10 RSIO RS-10 RS-10 ML-20 J N 0 R5-10 RS 10 RS-10 F CN-20 (n CG-20 vFi JI O RS-10 ~ Q G Q R 10 O oN z CG-20 x CN-20 SINGLE FAMILY RESIDENTIAL- .Q-1 a 10,M SQUARE FEET IRS-10) o TO INDUSTRIAL-COMMERCIAL N MIXED - 20,000 SQUARE FEET RS-10 YYY.... MCX-20 22,820 SQUARE FEET O N CN-10 CG- 0 RS-10 f N RS-10 CG-20 RS-10 CG-20 yRS-10 RS 10 KEKUANAO'A ST. 0 RS-IO C SO CM-10 R5-10 RS-10 1,763005 RS-10 10,250 'WE WALA7- RS-10 RS10 R5 10 RS-10 RS-10 RS 0 R5-10 RS-10 0 N 0 125 250 500 750 1,000 Rs-lD Feet 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) TO INDUSTRIAL - COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: T 5 e COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: Mach 2.2009