HomeMy WebLinkAboutBIL 121 Draft 01 2012-2014 COUNTY OF HAWAII "�`= ) STATE OF HAWAII
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BILL NO. 121
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 03 109 WHICH RECLASSIFIED LANDS
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 2-2-050:037 AND 038.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 03 109 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) 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. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety(90) days from the effective date of this ordinance. Prior to this
payment, water calculations with anticipated maximum daily water usage as
recommended by a registered engineer shall be submitted to the Department of
Water Supply.
C. Construction of the proposed development shall be completed within five(5)
years from the effective date of this amended ordinance. Prior to the start of
construction, Final Plan Approval for the proposed development shall be secured
from the Planning Director in accordance with the Zoning Code. Plans shall
identify proposed structures, fire protection measures, paved driveway and
parking stalls, common access easement, and other improvements associated
with the proposed development. Landscaping shall be indicated on the plans for
the purpose of mitigating any potential adverse noise or visual impacts to
adjoining parcels. A continuous landscape buffer shall be provided along the
entire northern property boundary. The landscaping shall be provided in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements).
D. A common access easement with the adjoining parcel identified by Tax Map
Key 2-2-50:14 shall be provided along Kawili Street, meeting the approval of the
Department of Public Works. This common access shall be limited to ingress
traffic movements only.
E. A full movement vehicular access from Laukapu Street shall be located at the
northern corner of each of the subject properties, meeting with the approval of
the Department of Public Works. Vehicular access to the property identified by
Tax Map Key: 2-2-050: 038 may be situated at any other location of said
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property, provided that it also serves as the only Laukapu Street access to the
adjoining property identified by Tax Map Key: 2-2-050: 037.
F. The driveway connection to the subject parcel from Kawili Street and Laukapu
Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County
Code and meet with the approval of Department of Public Works.
G. The applicant shall construct roadway improvements to the entire frontage,
exclusive of access points, along Kawili Street and Laukapu Street consisting of,
but not limited to, pavement widening with concrete curb, gutter and sidewalk,
curb ramp, drainage improvements, and any required relocation of utilities. Said
improvements shall be completely constructed in accordance with the
requirements and approval of the Department of Public Works prior to the
issuance of a certificate of occupancy for any portion of the proposed
development.
H. A 10-foot wide future road widening strip along the subject property's Laukapu
Street frontage shall be delineated on the plans submitted for Plan Approval
review. The 10-foot wide future road widening strip, including all improvements
required by Conditions F and G, shall be subdivided and dedicated to the County
prior to the issuance of a certificate of occupancy for any portion of the proposed
development.
I. To decrease further traffic concerns at the intersection of Kawili Street and
Maka`ala Street, the applicant shall coordinate its vehicular access movements
with the landowners of the adjoining parcel identified by Tax Map Key 2-2-50:14
to provide internal traffic circulation between the proposed developments.
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J. A drainage study shall be prepared and 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 for any portion of the proposed
development.
K. The applicant shall connect to the existing County sewer lateral meeting with the
approval of the Department of Environmental Management 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. A copy of the approved
plan shall be submitted to the Planning Department prior to the issuance of Final
Plan Approval.
M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawai`i County Code.
N. The applicant shall comply with all applicable laws,rules, regulations and
requirements of affected agencies for approval of the proposed development.
O. An annual progress report shall be submitted to the Planning Department prior to
the anniversary date of the effective date of the zone change. The report shall
address the status of the development and the compliance with the conditions of
approval. This condition shall remain in effect until all of the conditions of
approval have been complied with, and the Planning Director acknowledges that
further reports are not required.
P. Should the Hawai`i County Council adopt a Unified Impact Fees Ordinance
setting forth criteria for imposition of exactions or the assessment of impact fees,
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conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
Q. [An initial extcnsion of time for the performance of conditions within the
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circumstances:
1. The non performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its successors or
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.
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).
57] 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.
R. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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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:
13A
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Cann„ Ain
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