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Home My WebLink AboutORD 2012-018 2010-2012COUNTY OF HAWAII STATE OF HAWAII BILL NO. 155 ORDINANCE NO. 1 18 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 OPEN (0) TO INDUSTRIAL- COMMERCIAL MIXED — 20,000 SQUARE FEET (MCX -20), AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2 -3- 035:070. 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 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, South Hilo, Hawai`i, shall be Industrial- Commercial Mixed — 20,000 square feet (MCX -20): Beginning at the northwest corner of this parcel of land on the east side of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1,163.00 feet south and 11,187.50 feet east and running by azimuths measured clockwise from true south: 1. 270° 00' 176.47 feet along Grant 11505 to Hayato Okino; 2. 341° 00' 105.76 feet along a Road Reserve; 3. 90° 00' 210.90 feet along Grant 11788 to Kikuyoshi Nakayama; 4. 180° 00' 100.00 feet along Kanoelehua Avenue to the point of beginning and containing an area of 19,369 square feet. 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 eighty (180) days from the effective date of this ordinance. C. Construction of the proposed development 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 -2- properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. Access to the subject property from Kanoelehua Avenue shall meet with the requirements of the Department of Transportation. E. The height of any structure or vegetation within the property shall conform to the requirements of the State Department of Transportation, Airports Division, including the granting of appropriate avigation and noise easements to the State Airports Division. F. 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 shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. G. If required, a Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. H. 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. -3- 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. J. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. K. 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 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). 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. -4- 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. LRODUCED BY: COUNCIL Hilo , Hawai`i Date of Introduction: January 4, 2012 Date of 1st Reading: January 4, Date of 2nd Reading: January 20( 2012 Effective Date: February 6, 2012 REFERENCES Comb 491 Bill 155 /Conuu. 491 RS -10 MCX -20 MCX -20 MCX -20 RS -10 ML -10 RS -10 RS -10 OPEN MCX -1 • HUALANI STREET ML -20 RS -10 RS -10 ML -10 RS -10 RS -10 MCX -20 RS -10 ML -20 RS -10 MCX -20 RS -10 ML -20 J 1,163.00' 5 11,187.50' E "HALM" KANOELEHUA ML -20 ML -10 OPEN ML T- 0 7 -20 ML -20 OPEN ML -20 4 ML- .1 -20 ML -20 OPEN (0) TO INDUSTRIAL - COMMERCIAL MIXED - 20,000 SQFT (MCX -20) 19,369 SQFT TOTAL AREA ML -20 0 125 250 Feet 500 750 1,000 AMENDMENTTOTHE 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 OPEN (0) TO INDUSTRIAL - COMMERCIAL MIXED - 20,000 SQFT (MCX -20), AT WAIAKEA, SOUTH HILO, HAWAII TMK: (3) 2 -2- 035:070 MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: SEP 07, 2011 EXHIBIT "A" Diane Uyeda and Garret Sasaki Man 1316 Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai`i Pete Hoffmann January 4, 2012 January 4, 2012 N/A Second Reading: To Mayor: Returned: Effective: Published: REMARKS: January 20, 2012 January 30, 2012 February 6, 2012 February 6, 2012 FPbriiary 15, 2012 r2", 2I2 F? -6 FF1 3 ►�� ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 7 0 2 0 ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the indicated above, APPROVED AS TO FOR AND LEGALITY: D COUN Date CIO k12) Y OF HAWAII 0 COU EL FEB - 2 2012 Approved/ of� approved this (D day tl MAYOR, COUNTY OF HAWAII unty Council published as COUNCIL CHAIRPERSON UNTY CLERK Bill No.: Reference: Ord No.: 155 C- 491/PC -35 12 18