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Home My WebLink AboutORD 2009-089 2008-2010COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII ®~ ~~ BILL NO. $~ AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF TFIE HAWAI`i COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL- COMMERCIALMIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAI`[, COVERED BY TAX MAP KEY: 2-2-035:001 AND 103. 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 classificarion 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 KEKUANAO`A STREET. THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "HALA`I" BEING 1,763.00 FEET SOUTH AND 10,250.00 FEET EAST, AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH: 90° 00' 109.00 FEET ALONG THE NORTH SIDE OF KEKUANAO`A STREET TO A PIPE; 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; 5. 270° 00' 229.00 FEET ALONG LOT 13, BLOCK 22, WAIAKEA HOUSELOTS, FIl2ST 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 KEKGANAO`A S"fREET; 7. 90° 00' 100.00 FEET ALONG THE NORTH SIDE OF KEKUANAO`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 maybe 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 Crom 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 constn~ction, 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 lefr turn movements, left turn movements maybe 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 Hawaii County Code. -3- A five-foot wide future road widening strip along the Laukapu Street frontage and a 10-foot future road widening strip along the Keknanao`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 Kekuan~o`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 corner radius at the intersection of Kekuanao`a Street and Laukapu Street incorporating the future road widening setbacks. I. Streetlights and traffic control devices, as maybe required by the Traffic Division, Department of Public Works, shall be installed. 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 - SCate 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. O. 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: 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 maybe 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 Hilo , Hawaii Date of Introduction: June 16, 2009 Date of 1st Reading: June 16, 2009 Date of 2nd Reading: July 8, 2009 Effective Date: July 22, 2009 REFERENCE (',gnryji 36-vrrm+~its _~~_ RS-10 RS-10 ML-20 RS-10 ° j N ° Rs 10 RS-10 ~ CN-20 ~ ~ ,~ ~ ~ ~ Q ~ RS 10 ~ ~ z ' X CN-20 x ~ O J RS-10 ~ O CN-10 Rs-10 E 0 RS-10 Rs-10 RS 10 F ,t. ,. t, ~ Li~ilit t . KEKU ANAO'A ST. 0 CN-10 RS-10 RS-10 $9c3.oos C -10 RS-SO u RS-10 ~ozso ooa ~ ffALA%" RS-10 RS-10 RS 10 RS-10 RS-10 RS-10 RS- 0 RS-10 0 N 0 125 250 500 750 1 000 Rs-lo , 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: COUNTY OF HAWAII, PLANNING DEPARTMENT RS-10 RS-10 CG-20 RS-10 C6-20 SINGLE FAMILY RESIDENTIAL - 10,000 SpUARE FEET IRS-10) TO I N OUSTRIAL-COMMERCIAL MI%ED - 20,000 SOUARE FEET IMp%-30) 22,820 SpUARE FEET C6- 0 CG-20 RS-10 CG-20 TMK: 2-2-35:1 8 103 ~ DATE: March 2, 2009 EXHIBIT "A•. (Beth-An ana Cary Nishiji Map 12 OFFICE OF THE COUNTY CLERK County of Hawaii - Hilo, Hawaii ""' _~ Introduced By: Date Introduced First Reading: Published: REMARKS: Donald Ikeda June 16, 2009 June 16, 2009 Second Reading: July 8, 2009 To Mayor: July 16, 2009 Returned: July 22, 2009 Effective: July 22, 2009 Published: July 30, 2009 REMARKS: '~"~~u "`"` ~~ROLL CALL VOTE Cl. -~ '. "AYES : ~ r " " ~NOFIS +nr, •. ABS EX Enriques a;i_j, s ~ X Ford X Greenwel I X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 8 0 1 0 L DO HEREI3YCERTIFY tha[ the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FOR ND LEGALITY: D U ORPORATION C UNSEL COUN Y OF HAWAII na,P JUL 21 2009 ~~ 41~ , 20 ~~ ~ i MAYOR, COUNTY OF HAWAII day COUNCIL CHA/RPERSON COUNTY CLERK 87 Bill No.: C-362/PC-32 Reference: Ord No.: ®~ ~9 Ordinances Numbered 09-89, 09-90, 09-91, 09-92, & 09-93 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on July 8, 2009, by vote, as listed below: Ordinance 09-89 (Bill 87): 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. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto- 8; NOES: None; ABSENT: Council Member Yagong- l; EXCUSED: None. Ordinance 09-90 (Bill 88): 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- l0) to Industrial-Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea Houselots, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key: 2-2-050:043. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, [keda, Naeole, Onishi, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Yagong- 1; EXCUSED: None. Ordinance 09-91 (Bill 89): 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: 2-2-035:006. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto- 8; NOES: None; ABSENT: Council Member Yagong - 1; EXCUSED: None. Ordinance 09-92 (Bill 92): An Ordinance Amending Ordinance No. 08-106 of the County of Hawaii, Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing Various Public Improvements Described Therein. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto - 8; NOES: None; ABSENT: Council Member Yagong- ];EXCUSED: None. Ordinance 09-93 (Bill 97): An Ordinance to Amend Ordinance No. 09-64, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2010. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Onishi, and Chair Yoshimoto- 8: NOES: None; ABSENT: Council Member Yagong - 1; EXCUSED: None. Kenneth G. Goodenow County Clerk (Flawai`i Tribune-Herald-July 30, 2009) (West Hawaii Today -July 30, 2009) Note: The original Digest/AfFdavit is attached to Ordinance 09-89