The URL can be used to link to this page

Home My WebLink AboutORD 2012-113 2010-2012COUNTY OF HAWAII STATE OF HAWAII 12 11BILL NO. 259 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I 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, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2 -2- 035:003. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`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, South Hilo, Hawai`i, shall be Industrial- Commercial Mixed — 20,000 square feet (MCX -20): Beginning at the northeast corner of this parcel of land and on the south boundary of Lot 9, Block 22, Waiakea House Lots, First Series, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 1463.00 feet south and 102660.70 feet east, and running by azimuths measured clockwise from true south: 1. 360° 00' 2. 90° 00' 3. 180° 00' 4. 270° 00' 88.00 feet; 139.70 feet; 88.00 feet along the east side of Laukapu Street; 139.70 feet along the south side of Lot 9, Block 22 to the point of beginning containing an area of 12,294 square feet, more or less, or thereabouts. 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 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(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 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. D. Plans for the commercial development and use of the property shall be submitted for Plan approval from the Planning Director prior to the issuance of a building -2- permit for any commercial structure. Plans shall identify all existing and /or proposed structures, paved driveway access and parking stalls associated with the proposed use. 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), Hawai`i County Code. E. Access to the project site from Laukapu Street shall meet with the approval of the Department of Public Works. The driveway connection 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 improvements to the project'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 approval of the Department of Public Works. The improvements shall be located within the future road widening setback and constructed prior to the dedication to the County. H. If required by the Traffic Division, Department of Public Works, streetlights and traffic control devices, 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 -3- constructed, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. J. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. K. 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. L. 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. M. 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. N. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. O. 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 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. 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(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, CO TY �F H AI`I Kona , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: July 3, 2012 July 3, 2012 July 19, 2012 August 10, 2012 ,REFERENCE: Comma 729 Comm. 729 /Bill 259 0 0 z 1 1 1 RS -10 R5 -10 R5 -10 RS -10 R5 -10 R5 -10 RS -10 R5 -10 CG -20 SINGLE- FAMILY RESIDENTIAL - 10,000 SQFT (RS -10) TO INDUSTRIAL- COMMERCIAL MIXED - 20,000 SQFT (MCX -20) 12,294 SQFT TOTAL CG -20 CG -20 CG -20 RS -10 CG -20 RS 10 RS 0 R5 -10 R5 -10 R5 -10 R5 -10 RS -10 co a RS -10 ML-20 RS -10 MCX -20 RS -10 R5 -10 RS -10 R5 -10 1,46 CO' 5 1OZ660.70' E 'tiAL A'P' RS -10 R5 -10 RS -10 L RS 10 RS 10 MCX -20 MCX -20 RS 10 KEKUANAO`A ST RS -10 CN -10 CN -10 R5 -10 R5 -10 RS -e R5 -10 RS- 0 R5 -10 O Y z RS R5 -10 0 RS -10 R5 -10 R5 -10 RS -10 R5 -10 RS -10 RS -10 R5 -10 R5 -10 0 125 250 500 750 RS -10 Feet 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 SINGLE- FAMILY RESIDENTIAL - 10,000 SQFT (RS -10) TO INDUSTRIAL - COMMERCIAL MIXED- 20,000 SQFT (MCX -20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3) 2- 2- 035:003 DATE: MAR 07, 2012 EXHIBIT "A" Boyd F. Castro, DVM Mao 1322 OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i Introduced By: Pete Hoffmann Date Introduced: July 3 , 2012 First Reading: July 3 , 2012 Published: N/A REMARKS. Second Reading: July 19 , 2012 To Mayor: July 27 , 2012 Returned: August 10, 2012 Effective: August 10, 2012 Published: August 21, 2012 REMARKS: 37 ROLL CALL VOTE AYES NOES ABS EX Blas X X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 0 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 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Co indicated above. APPR•VED AS TO FO ND LEGALITY: DEPUTY •RPORATION COUN• EL COUNTY • F HAWAI'I Date JUL 3 1 2012 pproved this 10 day MAYOR, OUNTYOFHAWAII my Council published as COUNCIL CHAIRPERS UNTY CLERK Bill No.: Reference: Ord No.: 259 C- 729/PC -52