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Home My WebLink AboutORD 2009-090A 2008-2010 BILL NO. saA ORDINANCE NO. 09 gOA STATE OF HAWAI'I COUNTY OF HAWAI'I AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICA TrON FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-1 0) TO INDUSTRIAL- COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT W AIAKEA HOUSELOTS, W AIAKEA, SOUTH HILO, HAW AI'I, COVERED BY TAX MAP KEY: 2-2-050:043. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) ofthe Hawai'i 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 Hila, Hawai'i, shall be Industrial-Commercial Mixed - 20,000 square feet (MCX-20): Begirining at the southwest comer ofthis parcel ofland, also being the northeast corner of the intersection of the rights-of-way of Laukapu Street and Kawili Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,894.00 feet South and 10,121.00 feet East and thence running by azimuths measured clockwise from true South: 1. 1800 00' 00" 200.00 feet along the east side of Laukapu Street (40' wide); 2. 2700 00' 00" 229.00 feet along Lot 2-A, Block 46, Waiakea House Lots, First Series; 3. 00 00' 00" 200.00 feet along Lots 6-A and 8, Block 46, Waiakea House Lots, First Series; 4. 900 00' 00" 229.00 feet along the north side of Kawili Street (80' wide) to the point of beginning and -1- containing an area of 45,800 Sq. Ft., 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, Hawai'i 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, 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. c. . The applicant 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. -2- 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 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), Hawai'i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and paved 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) and Chapter 25 (Zoning Code), Hawai'i County Code. E. Access(es) to the project site shall be limited to right-turn in, right-turn out movements at Kawili 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 Kawili 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 Kawili Street and Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawai'i County Code. F. A 10- foot wide future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance. G. The applicant shall provide improvements to the project's frontage along Kawili Street and Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required -3- utility relocation, meeting the approval of the Department of Public Works. The improvements shall be located within the future road widening setback. H. The applicant shall provide a minimum 20-foot comer radius at the intersection of Kawili Street and Laukapu Street incorporating the road widening setback. L Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. J. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Ifrequired, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval for any new structures. Any drainage improvements shall be constructed, meeting with 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. 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. -4- N. Should the Council adopt a Unified lmpact 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 applicant 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 Plam1ing 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 ofthe 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 County Council for appropriate action. -5- 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 HAW AI'I Kona_ , Hawai'i Date of Introduction: Date of 1 5t Reading: Date of 2nd Reading: Effective Date: August 5, 2009 August 5, 2009 August 19, 2009 September 2, 2009 REFERENC& Comm.. 363 -6- R5-1O Rs-lO 1 ~ T R5-IO MeX-20 R5-1O R5-1O R5-IO RS-lO f-< r.fl -< ~ R5-1O ,...., Z -< ....J ~ ML-20 MeX-20 MeX-20 ~ r.fl 0 R5-1O ~ Rs-lO Z 1- ::r:: ML-1D E. LANIKAULA ST. R5-10 $894.00 S J(1-121.00E ''HALA 1" f-< r.fl 5: ~ ::J -< ,..J RS-lO RS-lO SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS.l0) TO lNDUSTRIAL-COM MERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) (45,8011 SQ. FT.) MCX-20 ML-IO ML-20 -10 MeX-20 R5-1O RS-lO MCX-20 eN-IO MeX-20 MCX-20 RS-IO E. KA WILl ST. RS-lO ML-20 ML-20 ML-20 ML-20 ~ r.fl ~ :s o ....:l o :r: ~ r.fl -< ...J -< ~ ~ ML-20 0 150 300 ML-20 600 900 1,200 Feet RS-lO - - '. .' AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICA nON FROM SINGLE F AMIL Y RESIDENTIAL -10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAW AI'I MAP PREPARED BY: COUNTY OF HAWAl'I, PLANNING DEPARTMENT TMK: 2-2-50: 43 DATE: February 6, 2009 (Dr, Rodrigues - M"" 1?5R\ EXHIBIT "A" OFFICE OF THE COUNTY CLERK County of Hawai'i Kona. Hawai' i Introduced By: Date Introduced: First Reading: Published: Donald Ikeda August 5, 2009 August 5, 2009 N/A REMARKS: A re-vote for first and second reading was taken due to lawsuit (N. Hawaii v County of Hawai'il re the Council mtg. held on 6-l6-09. A copy of the original certification sheet re this measure is attached. Second Reading: Augus t 19 I 2009 To Mayor: August 28, 2009 Returned: ~tember 3. 2009 Effective: September 2, 2009 Published: September 16, 2009 REMARKS ~". . : " ) ........ -... ......IIr,... "ljll.! 0-n . ,. . .~... "or:oJ l,'LiROU. CRUL 'tOT~ . ,':-- l! (' AYES. NOES ' JABS EX ..., ~....-' ........ \. ~ I , /-' -- Enriques ',~~ )., ; '-"-. .. --- -, ",-,[,,'X' - ~.' ",' /,., . . - ", . Ford X ,~ \I' IJ Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X m~_ Yagong X Yoshimoto X I 9 0 0 T----'i 1 0 1 J__n_J I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: Jti~ CORPb~~EL COUN Y OF HAWAI'I AUG 3 1 2009 Date ~ ~9- day ~YOR' CO " C3(JC's:? COUNCIL CHAIRPERSON ~.~ COUNTY CLERK -Q. - - Bill No.: 88A C-363/PC-33 Reference: Ord No.: 09 90A OFFiCE OF THE COUNTY CLERK. County ofHawai'i Hila. Hawai'i Introduced By: Date Introduced: First Reading: Published: Donald Ikeda June 16, 2009 June 16, 2009 N/A REMARKS: Second Reading: July 8, 2009 To Mayor: July 16, 2009 Returned: July 22, 2009 Effective: July 22, 2009 Published: July 30, 2009 REMARKS: ..1 . . - ~ - ,..~. l __ . . . _ A"" 1""1') tan9 w'E:b.ClCAU1Yvd-1E ~I AYES , NOES:;: :-: A BS EX .' .! ., , . ~.) ....-~ ' , " ." Enriques -....x I'~" ~ . ., - i'~'" r.:I~,11 ! ~l ",'. 1 . ." " ~.. ...' ~ .. Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 8 0 1 0 ROLL CALL VOTE AYES NOES ASS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 8 0 1 0 I DO HERF;B Y CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FO AND LEGALITY: o PU Y ORPORATION C NSEL COUN OF_HAWAl'1 ,..... ,..~ ~ -..-:,,- Date ;rut'2 i 20tl9 Ih;, ;r~ day I uf . . . 2U 0 v~. ) 9~-- MAYOR, COUNTY OF HAWA1'] COUNCiL CHAIRPERSON ~.t\ @l COUNTY CLERK Bill No.: 88 C-363/PC-33 Os 90 Reference: Ord No.: