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Home My WebLink AboutORD 2009-104 2008-2010COUNTY OF HAWAII STATE OF HAWAII U9 1®~ BILL NO. ORDINANCE NO. 105 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: 2-2-035:017. 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 the southwest corner of this lot and the northeast corner of Laukapu and Hualani Avenues, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 923.0 feet south and 10,121.0 feet east, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 180° 00' 100.0 feet along east side of Laukapu Avenue; 2. 270° 00' 229.0 feet along Lot 13, Block 15; 3. 360° 00' 100.0 feet along Lot 16, Block 15; 4. 90° 00' 229.0 feet along north side of Hualani Avenue to the point of beginning and containing an area of 22,900 square feet, more or less. -1- 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 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. 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 -2- 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 meet with the approval of the Department of Public Works. All driveway connections to Laukapu Street and Hualani Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. F. Five-foot wide future road widening strips along the Laukapu Street and Hualani Street frontages 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 Laukapu Street and Hualani 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 strips. H. The applicants shall provide a minimum 20-foot corner radius at the intersection of Laukapu Street and Hualani Street incorporating the future road widening setbacks. -3- Streetlights and traffic control devices, as maybe 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. 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. -4- 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 maybe 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. 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). 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. -5- 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: '"7 COUNCIL MEMBER, COUNTY OF HAWAII Kona ,Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading Effective Date: August 19, 2009 August 19, 2009 September 2, 2009 September 23, 2009 REFERENCE: Comm: 426 _ -6- CG-7.5 CG-7.5 CG-7.5 ML-20 ML-20 N CG-7.5 CG-7.5 CG-7.5 CG-7.5 CG-7.5 CG-7.5 CG-7.5 ~; ML-20 ML-20 c!'~ Rs-10 RS-10 ~ RS-10 RS-10 ~ RS-10 RS-10 ~ Q RS-10 Q ~ z z ~ a Mcx-zo ~ ¢ ML-20 z ~ ~~ ML-10 RS-10 MCX-20 923.DOS Rs-10 iaiv.aoE RS-10 RS-10 RS-10 RS-10 'ftaca /" HUALANI ST. RS-10 SINGLE FAMILY RESIDENTIAL -10,000 RS-10 RS-10 Rs-10 RS-10 SQUARE FEET (RS-10) TOINDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) (22,900 SO. FT.) ML-20 RS-10 ML-20 RS-10 ML-10 RS-10 RS-10 CN-20 CG-20 RS-10 RS-10 CG-20 MCX-ZO Rs-10 CN-20 RS-10 0 150 300 600 900 1,200 ML-20 Rs-lo _ Feet MCX-20 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) TOINDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 2-2-35: 17 DATE: April 7, 2009 EXHIBIT "A" Map 1261) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Date Introduced First Reading: Published: REMARKS: Donald Ikeda August 19, 2009 August 19, 2009 N/A Second Reading: September 2, 2009 "to Mayor: September 11, 2009 Returned: September 23, 2009 Effective: September 23, 2009 Published: September 30, ~ 2009 REil~1ARKS: .. $ ...1 RO~LSCA~LL; V(~TL', f ~'~AYE~S ....~.! NOES ABS EX Enriques - "~.•„X : . _ . •.. ~'• ' `~' r ,!. Ford X Greenwell X Hoffinann X Ikeda X Naeole X Onishi X Yagong X i Yoshimoto X 9 0 0 0 ROLL CALL VOTE AWES NOES ABS EX Enriques X Ford X Greenwell X Hoffinann X Ikeda X Naeole X Onishi Yagong X X ~ ~ __ Yoshimoto X I ~ 8 0 1 _ ~ 0 l LSO III:REBY' CERTIFY that the foregoing BILL was adopted by the County Council published as indr~;,~~rted above. APPROVED AS TO - . _ '~'_ FOR T DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date S E P 21 2009 COUNCIL CHAIRMAN C'OUN'TY CLERK Bill No.: 105 Reference: __ Appro7;2d~ s pproved thra ---- -- "';x}' ~ ~~~ ------~._-__....._.. Ord No.: ~~,~-_--- ----- -~ ,od9 _. ----_ -------__ MAYOR, CO UNTY OF HA WA17