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Home My WebLink AboutORD 2009-091A 2008-2010 COUNTY OF HAWAI'I STATE OF HAWAI'I ORDINANCE NO. BILL NO. 09 91.A 89A AN ORDINANCE AlvfENDING 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 FAMILY RESIDENTIAL-10,000 SQUARE FEET (RS-10) TO INDUSTRIAL- COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT W AIAKEA HOUSELOTS, W AIA..T(EA, SOUTH HILO, HAW An, COVERED BY TAX MAP KEY: 2-2-035:006. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA W AI'I: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the 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): Beginning at a pipe found at the northwest comer of this parcel of land, also being the southwest comer of Lot 3 and on the east side of Laukapu Avenue, the coordinates of said point of beginning referred to Govenunent Survey Triangulation Station "RALAI" being 1,163.00 feet South and 10,121.00 feet East and thence running by azimuths measured clockwise from true South: 1. 2700 00' 00" 229.00 feet along Lot 3, Block 22, Waiakea House Lots, to a nail found; 2. 000 00' 00" 100.00 feet along Lot 6-B, Block 22, Waiakea House Lots, to a spike found; '"' 900 00' 00" 229.00 feet along Lot 7, Block 22, Waiakea House Lots, .J. to a pipe found; -1- 4. 1800 00' 00" 100.00 feet along the east side of Laukapu Avenue to the point of beginning and containing an area of 22,900 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 one hundred and eighty (180) days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly within five 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 Chapter 25-2-70, Chapter 25 (Zoning Code), Hawai'i 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) and Chapter 25 (Zoning Code), Hawai'i County Code. E. Access(es) to the property shall meet with the approval of the Department of Public Works. All driveway connections to Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawai'i County Code. F. A five-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 full improvements to the property's frontage along 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 requirements of the Department of Public Works. The improvements shall be located within the future road widening setback. H. Streetlights shall be installed as may be required by the Traffic Division, Department of Public Works. -3- c 1. 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, ifrequired, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. J. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to Final Plan Approval. K. Should any remains of historic sites, such as rock walls, terraces, platfonns, 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 archae9logical clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. L. 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. M. The applicant shall comply with all County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -4- 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 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 ofthis ordinance. -5- SECTION 4. This ordinance shall take effect upon its approval. Kona , Hawai'i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFEReNCE! Comm. August 5, 2009 August 5, 2009 August 19, 2009 September 2, 2009 364 INTRODUCED BY: A~/'SlJ ~t! ~ COUNCIL ME11BER, COUNTY OF HAW AI'I -6- I I RS-lO RS-lO RS-IO N RS-1O MeX-20 ML-20 RS-1O ~ b ML-1O MeX-20 RS-lO RS-1O RS-1O RS-1O HUALANI 5T. ~ RS-1O tJ} RS.IO E-< RS-1O RS-1O ~ tJ} p... ML-20 -< t;; ~ M94"OOS ~ ~ 1/~O,121.00E .... ML-ZO 0 -< "HALA T' Z RS-IO Z . ....l -< -< ~;~"j~~l:ii ;0,;;t ....l z ~ ,.... ';is: ~ RS-1O ML-1O RS-lO :r: RS-1O "... :';:11 CN-20 05-10 \ RS-1O RS-lO eG-ZO SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS-l0) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20l eG-20 (22,900 SQ. FT.) MCX-20 eN-20 RS- 10 ML-20 ,J MCX-20 eN- 10 eG-20 RS-IO RS.IO RS-lO RS-IO ML-20 eG-20 RS-lO eG-20 '" eN-1O 1 I I RS-1O I I I , KEKUANAO'A 5;\ , ( RS-1O RS-1O I eN-IO 150 300 600 900 1,200 MeX-20 RS-lO Fejt 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 CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS-IO) 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, PLA1\TNING DEPARTMENT DATE: March 16, 2009 TMK: 2-2-35: 6 EXHIBIT "A" (E. Acasio - Map 1 259) OFFICE OF THE COUNTY CLERK County of Hawai'i Kana, Hawai'i I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above, 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 (W. Hawaii v County of Hawai'i) re the Council mtg. held on 6-16-09. A copy of the original certification sheet re this measure is attached. Second Reading: Augus t 19, 2009 To Mayor: August 28, 2009 Returned: Septanber 3, 2009 Effective: September 2, 2009 Published: September 16, 2009 REMARKS: APPROVED AS TO FORM AND LEGA ITY: I~ n . D~fYvCORPORATION COUNTY OF HAWAI'I 1 Date AlJr; ~ 1 7llil!l day ~YOR, CO , ., ?J~~'~ (\.... ~ ~....~ ';j ut-P -. ~!I. ') "'- ROLL CAU!,\7()TE SLj ; {" ',' , . , 'NOES", ,--:A:Y: ES-. " ABS EX ,_-t ,f :J'\ ;-.. '.- .~: " .. .. , .'. ; I, Enriques X E- " ~ i~./ 0._ j' { t/"'\. '," l ;! Ford X 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 Yagong X i Yoshimoto X I 9 0 0 , 0 ! _...l_.___~___.-I ~~::' -.. COUNCIL CHAIRPERSON ~,~ COUNTY CLERK 0" - -- Bill No.: 89A C-364/PC-34 Reference: Ord No.: 09 91.A OFFICE OF THE COUNTY CLERK County of Hawai '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 REMA RKS: . - .,~ - ... -. .- ~ LROIlWcA:Li vorE .~ :~ "t,.:,C AYES. NOES -ABS EX Enriques )('.( i 1;\: --' ,,:._.' ...\tl . .' . ." J -. - Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X B 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 1 DO HEREB Y CER TIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FOR) AND LEGALITY: '-/ o UT CORPORATION C COUN Y OF HAWAI'I JUt 2 ]. 2009 Date .--------~.... '- PP. y,dtht, J-~ 200 , day r ,\ "', ''-'\. . l~ ~)"Q:/ ) )\~. ~ .../ --~' MA YOR, COUNTY OF HA W AJ'] ~~; :.-,-------"- z' . ,F - "'~--'-< ~~ -' COUNCIL CHAIRPERSON .---- cr' ~~ 1 D' - ~ J.J COUNTY CLERK Bill No.: 89 C-364/PC-34 09 9:1 Reference: Ord No.: