HomeMy WebLinkAboutBIL 213 Draft 01 2012-2014 �J+YV Os N ;,,.
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COUNTY OF HAWAII : -[.._ / •: STATE OF HAWAII
BILL NO. 213
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 06 144 WHICH AMENDED ORDINANCE
NO. 98 98, 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 2-2-037:029.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 06 144 is amended as follows:
"SECTION 1. Section [25 g 3] 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:
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.
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B. [The required water commitment payment shall be submitted to the Department of
Water Supply] 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 [its] the"Water Commitment Guidelines Policy" to the
Department of Water Supply within one hundred and eighty(180) days from the
effective date of this second amendment.
C. Construction of the proposed development and related improvements within the
subject property shall be completed within five (5) years from the effective date of
this second amendment. This time period shall include securing Final Plan Approval
from the Planning Director for the development within the subject property. Plans
shall identify structures, fire protection measures, paved and striped parking stalls
and driveway and other improvements associated with the proposed uses. Plans
shall include a landscaping buffer along the northern, western, and southern
boundaries of the subject property.
[!.
along the sidc property boundaries of the subjec : . . - , -. . - --
Planning Director for review and approval prior to the issuance of Final Plan
Approval.]
[l ] D. Driveway access and sidewalk improvements along Kanoelehua Avenue shall meet
with the approval of the Department of Transportation and the Depai lucent of Public
Works, whichever is applicable.
[l ] E. A Solid Waste Management Plan shall be submitted for review and approval to the
Department of Public Works in conjunction with the submittal of plans for Plan
Approval.
[G7] F.A drainage system, if applicable, shall be installed, meeting with the approval of the
Department of Public Works.
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[Ih] G.Sewer line connections shall be installed meeting with the requirements of the
Department of Public Works.
H. Should the applicant submit plans to develop a land use beyond what is proposed in
the application, which the Planning Department in consultation with the Department
of Public Works determines will generate over 50 peak hour trips, a Traffic Impact
Analysis Report (TIAR) shall be submitted for review and approval by the
Department of Public Works prior to Final Plan Approval. The applicant shall
implement when required by the Department of Public Works, at no cost to the
County, any transportation improvements deemed necessary by the Department of
Public Works.
I. Comply with all other applicable rules, regulations and requirements of the affected
agencies for the development of the subject property.
J. Upon compliance with applicable conditions of approval, prior to the opening of the
proposed development, the applicant shall submit a final status report, in writing, to
the Planning Director.
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. If the applicant should require an additional extension of time, the Planning
Department shall submit the applicant's request to the County Council for
appropriate action.
M. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject property to its original or
more appropriate designation."
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SECTION 2. Material to be deleted is bracketed and struck-through. New material is
underscored.
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.
INTRODUCED BY:
OUNCIL MEMBE• , COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 717
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