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Home My WebLink AboutORD 2013-012 2012-2014 tT,af I', COUNTY OF HAWAII STATE OF HAWAII BILL NO. 3 ORDINANCE NO. 11 12 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 LIMITED INDUSTRIAL—20,000 SQUARE FEET (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-035:045. 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, Hawaii, shall be Limited Industrial—20,000 square feet(ML-20): Beginning at the southeast corner of this lot,the northeast corner of Lot 12, Block 16 of the Waiakea House Lots, 1st Series, and on the new west side of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station"Halai"being 623.00 feet south and 11,062.50 feet east, as shown on Government Survey Registered Map 2566 and running by azimuths measured clockwise for true south: 1. 90° 00' 210.50 feet along Lot 12, Block 16 of the Waiakea House Lots 1St Series (Land Patent Number 11,557 to Nobuo and Miyoko Kimura); 2. 180° 00' 100.00 feet along Lot 9, Block 16 of the Waiakea House Lots 1st Series; 3. 270° 00' 210.50 feet along Lot 8, Block 16 of the Waiakea House Lots, 1st Series(Land Patent Grant Number 11,529 to Toshikisa Isemoto); -1- 4. 360° 00' 100.00 feet along the new west side of Kanoelehua Avenue to the point of beginning and containing an area of 21,050 square feet, 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 eighty(180) days from the effective date of this ordinance. -2- C. The applicant shall install a reduced pressure type backflow prevention assembly by a licensed contractor, within five (5) feet of the meter on private property. The installation shall be inspected and approved by the Department of Water Supply. D. Plans for conversion of the single-family dwelling shall be submitted for Plan Approval from the Planning Director within five(5) years from the effective date of this ordinance. Plans shall identify fire protection measures, driveway and parking stalls. The applicant shall provide landscaping 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 subject property from Kanoelehua Avenue shall meet with the requirements of the Department of Transportation. F. 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. G. The method of sewage disposal shall meet with the Department of Health. H. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. I. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the -3- 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. K. 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. L. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. M. 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- 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 Director 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 manner, 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 HAWAII Kona , Hawai`i Date of Introduction: January 9, 2013 Date of 1st Reading: January 9, 2013 Date of 2nd Reading: January 23, 2013 Effective Date: February 13, 2013 REFERENCE Comm.. 8 -5- OFFICE OF THE COUNTY CLERK • County of Hawai`i Kona , Hawai`i • 0 2 Introduced By: Zendo Kern ROLL CALL VOTE Date Introduced: January 9, 2013 AYES NOES ABS EX First Reading: January 9, 2013 Eoff X Published: N/A Ford X Ilagan X REMARKS: Kanuha X Kern X Onishi X Poindexter X Wille X Yoshimoto X Second Reading: January 23 , 2 013 8 0 0 1 To Mayor: January 31, 2013 Returned: February 14, 2013 ROLL CALL VOTE Effective: February 13, 2013 AYES NOES ABS EX Published: February 21, 2013 Eoff X Ford X REMARKS: Ragan X Kanuha X Kern X Onishi X Poindexter X Wille X Yoshimoto X 7 0 1 1 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM e ► e .EGALITY: CP CIL CHAIRPERSON DEPUTY CO—•-ATION COUNSEL O COUNTY OF HAWAII OCINTY CLERK Date F F B - 6 2013 3 Bill No.: IS t C-8/PC-3 proved/I..'agproved this d�iy Reference: Ord No.: in 12 111 110 MAYOR, COUNTY OF HAWAII CG-7.5 ML 20 ML-20 CG-7.5 ML-20 ML-20 OPEN CG-7,5 ML-20 ' ML-20 ML-20 SINGLE FAMILY RESIDENTIAL-10,0001SQFT(RS-10) TO UNITED INDUSTRIAL-20,000 WI*(ML-20) CG 7.5 21,050 SQUARE FEET TOTAL ML-20 ML 20 9 � a a 0 , ML-20 R5-10 2 R5-10 = I aaZ w w � LU 111 0 0 zQ QZQ 623.00 S ML 20 R5-10 11,C62.50' MCX-20 5o g ML-10 POD �Q MCX-20 MCX-20 o« ,,q-\ L-10 RS-10 K5 10 ML-10 MCX-10 N HUALANI ST HUALANI ST ML 20 "N.) R5-10 Re-10 ML 10 Feet 0 100 200 400 600 800 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT 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 LIMITED INDUSTRIAL - 20,000 SQFT (ML-20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-035:045 DATE:SEP 12,2012 EXHIBIT "A" Dien-Jung Lin