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Home My WebLink AboutORD 2017-074 2016-2018 1 � ;*: , T; Jar � COUNTY OF HAWAIIF ; STATE OF HAWAI I . k4••.a i.•C cif BILL NO. 69 ORDINANCE NO. 17 74 (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NO. 03 108 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 2-2-050:014. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 03-108 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), 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" ppY Y within [ninety(90)] one hundred eighty(180) days from the effective date of this amended ordinance. Prior to this payment, water calculations with anticipated maximum daily water usage as recommended by a [registered] professional engineer licensed in the State of Hawai`i shall be submitted to the Department of Water Supply. The applicant shall install a reduced pressure type backflow prevention assembly licensed in the State of Hawai`i, within five (5) feet of the water meter on private property. The installation of the backflow prevention assembly(s)must be inspected and approved by the Department of Water Supply before commencement of water service. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsiblefor the relocation and adjustment of the Department's affected water system facilities, should they be necessary. 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 2-2-50:37 shall be provided along [a]awili Street, meeting the approval of the Department of.Public Works. This common access shall be limited to ingress traffic movements only. -2- E. To decrease further traffic concerns.at the intersection of K[a]awili Street and Maka`ala Street, the applicant shall coordinate with the landowners of the adjoining parcels identified by Tax Map Key 2-2-50:37 and 38 to provide internal traffic circulation between the proposed developments. F. The driveway connection to the subject parcel from K[a]awili Street and H[i]inano 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 K[a]awili Street and H[i]inano 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 H[i]inano Street frontage shall be delineated on the plans submitted for Plan Approval review. The 10-foot wide future roadwidening 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. 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. -3- J. 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. K. 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. L. All earthwork activity shall conform to Chapter 10. Erosion and Sedimentation Control, of the Hawaii County Code.. M. The applicant shall comply with all applicable laws, rules, regulations and requirements [- -- -- - -- - . - -- - -- -- -- .- - -..- - ]. N. An annual progress report shall be submitted to the Planning Director 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. O. 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. [e]Conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. [. - ... . - •. . . . ..• •. . • -- ordinance may be granted by the Planning Directory-t e f ^ ng circumstances: -4- 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 assigns, and that are not the result of their fault or negligence. 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 befor 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). Director shall submit the applicant's request to the County Council for appropriate action.] If the applicant should require an additional extension of time, the Planning Director shall submit the a..licant's rem uest to the Plannin. Commission and the Hawai`i County Council for appropriate action Q. Should any of the conditions not be met orsubstantially 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]. Material to be repealed is bracketed and stricken. New material is underscored. m5-- SECTION 3. [ - - - - .b-any portion-o4411-is-onslift-aftee-is-declared invalid, such invalidity shall not affect the other parts of-this-ordinanee;- Severability. any_provision of this ordinance, n or circumstance, is held invalid, the invalidity does not affect other provisions or a.plications of the ordinance which can be given effect without the invalid provision or a.plication and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: B/. COUNCIL MEMBER, COUNTY OF HAWAII Kona , Hawai`i Date of Introduction: November 2, 2017 Date of 1st Reading: November 2, 2017 Date of 2nd Reading: November 15, 2017 Effective Date: November 29, 2017 REFERENCE Comm 481.1 -6- , 1 K5-10 I. R5-10 RS-I O , R5-10 R5-10 0 ' RS-I O vi7 M ui o g j _ fl c a L Y 411 g. _ J SG 1 RS-101 1 ' R5-10 R5-10 , R5-10 ' I L, ,..._____ii :. ,E Lanikaula St. E.Lanikaula St. i I ' NGLE-F MIL, RESIDENTIAL!(RS.16) 1 o ,'> -I o ' "I° -I o TO I USTRIA -COMMERCIAL MIMED IMCX-20} RS-101. 3,793.00 S F AREA 22,500 SQ.FT 2 6 ML-20 : ML-10 9,631,00\E I ML-20 R5-I 0 "NALA1"� ._ tii r; ML-10 +j RS-10 , co I R.510ML20 ML-IQ " � J E.Kawili St. E.Kawili St. ! -) ( I ML 20 ML-20 ' 0 ,�� ML-20 ML-20 . RS-1.0 ML-20 �a E LI- ML-20 0 W -�� E ML-20 t N. S ML-20 ML-20 ML-20 ML-20 360 180 0 360 720 1,080 �� Feet AMENDMENT TO THE ZONING CODE ' i AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP). ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILIA RESIDENTIAL (RS-10) i TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-050:014 Date:April 3,2003, EXHIBIT"A" - (I.Kitagawa&Co.:1094) FOR REFERENCE ONLY :COUNTY CLERK OFFICE OF THE COUNTY CLERKCOUNTY OF ,II: County of Hawai`i Kona, Hawai`i201 NOV Introduced By: Karen Eo f f ROLL CALL VOTE Date Introduced: November 2 , 2017 AYES NOES ABS EX First Reading: November 2, 2017 Chung X Published: November 11, 2017 David X Eoff X REMARKS. Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: November 15, 2017 8 0 1 0 To Mayor: November 24, 2017 Returned: November 30, 2017 ROLL CALL VOTE Effective: November 29, 2017 AYES NOES ABS EX Published: December 9, 2017 Chung X David X REMARKS: Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. 1 COU,! ...L.CHAIRPERSON 4; App isapproved this 2day 1.1 400, KAUV Qom, 1t` tl NTY CLE of , 20 CO. 69 (Draft 2) Bill No.: MAY IR,'CPOUNT OF AWAI`IC-481. 1/PC-39 Reference: Ord No.: , 17 4