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Home My WebLink AboutBIL 111 Draft 01 2018-2020 COUNTY F HAWAII •': STATE OF HAWAIcI �T@ OF.HPrI BILL NO. 111 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09 90A, 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 HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-050:043. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1 and Section 2 of Ordinance No. 09 90A is amended as follows: "SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 ([2005 Editi .. 2016 Edition as amended), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea Houselots, Waiakea, South Hilo, Hawaii, shall be Industrial-Commercial Mixed—20,000 square feet (MCX-20): Beginning at the southwest corner of this parcel of land, also being the northeast corner of the intersection of the rights-of-way of Laukapu Street and Kawili Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI"being 3,894.00 feet South and 10,121.00 feet East and thence running by azimuths measured clockwise from true South: 1. 1800 00' 00" 200.00 feet along the east side of Laukapu Street (40' wide); 2. 2700 00' 00" 229.00 feet along Lot 2-A, Block 46, [-W-a�] Waiakea House Lots, First Series; 3. 00 00' 00" 200.00 feet along Lots 6-A and 8, Block 46, [Ala-id ] Waiakea House Lots, First Series; 4. 900 00' 00" 229.00 feet along the north side of Kawili Street (80' wide) to the point of beginning and containing an area of 45,800 Sq. Ft., 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, Hawaii County Code 1983 ([2-0 Bdition]2016 Edition as amended), 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. -2- A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [Prior-to the issuanee of a,�vatef eeffirnitinent by the Department of Water Supply,the appheant shall sidbmit the antieipated friaximurn daily water Usage eaIettiatiEffis aS reeen mended y a registered engineer-, anda ater eornmitment depositgin. "Wateraeeordanee :with the Pokey" to the Department 0 Water Supply within 180 Irorn the effeetive date--of this ordinanee.]The applicant shall submit updated estimated maximum daily water usage calculations as recommended by a registered engineer,for review and approval by the Department of Water Supply. The applicant shall comply with the Department of Water Supply for the appropriate service lateral and meter-size required. 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. [Gonstrdetion of the proposed development, ineluding the improvements listed in Condition G, shall be eornpleted within five(5)years from the effeetive date of this "„ended ofdi anee.]Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paced driveway access and paved parking stalls associated with the proposed development. 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) and Chapter 25 (Zoning Code), Hawai'i County Code. -3- E. Access(es) to the project site shall be limited to right-turn in, right-turn out movements at Kawili Street and full movements at Laukapu Street and shall meet with the approval of the Department of Public Works. Should there be future road improvements at East Kawili Street, such as dedicated turn land fronting the subject site that can reasonably and safely accommodate left turn movements, left turn movements may be permitted by the Department of Public Works. Al driveway connections to East Kawili Street and Laukapu Street shall conform to Chapter 22 (County Streets) of the Hawaii County Code. F. A 10-foot wide future road widening strip along the Laukapu Street frontage shall be subdivided and dedicated to the County prior to the issuance of the Certificate of Occupancy.[within five(5)years f the off etive data of ths amended Ofdi,,aflee.] G. The applicant shall provide improvements to the project's frontage along East Kawili Street and Laukapu Street consisting of,but no 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 setbacks. H. The applicant shall provide a minimum 20-foot corner radius at the intersection of East Kawili Street and Laukapu Street incorporating the road widening setback. 1. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. J. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties.[If required, a drainagstudy shat prepared and submitted to the Department of Publie Works prior-to the issuanee of -4- Final Plan ppfo a for astfuetur-es.] 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. K. The project shall connect to the existing County sewerline 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 prior to the issuance of a Certificate of Occupancy. i M. 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(SHPD)shall be immediately notified. Subsequent work shall 1 proceed upon an archeological clearance from SHPD when t fins that sufficient mitigation measures have been taken. I N. 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 a shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The applicant shall comply with all applicable County, State and Federal laws,rules, 9 regulations and requirements. i [ . An initial extension of time for-the per-fonnanee of eonditions within the or-diflanee may be gfanted by the Planning Difeeter-upon the followifig eifeumstanees: 1 -5- 1 i f6feseen or-are beyond the eontr-ol of the 9 that afe of the r tilt of theif f„1t o gl,geneo 2. Granting of the time extension would not be eontf ary to the General Plan o Zoning code 3. Gf anting of the time-extension would not be eontf afy to the ofigifial reasons fof!the granting of the ehange of zon-e—. 4. The time extension granted shall be fef a pefiod not to exeeed the period i ne year-may be extended fef to one additional yeaf),� if the appheant should r-equife an additional extension of time, the Planning i Should any of the conditions not be met or substantially complied with[ i timely f s i^fi] the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 3. Severability. If any provision of this ordinance, or the application thereof , to any person or circumstance, is held invalid, the invalidity does not affect other provisions or i -6- I 1 applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF AWAI`I Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 545 -7- f R5-10 RS-10 I R5-10 McX-20 MCX-20 -< ML-20 RS-10 RS-10 RS-IO R5-10 0 R5-10 MCX-20 C E.LANIKAULA ST. R5-10 O RS-lp R5-10 RS-10 RS-Ifl ML-20 SINGLE FAMILY RESIDENTIAL-10,000 n-, SQUARE FEET(RS•10) MC}:-20 ML-10 �+ TO INDUSTRIAL-COMMERCIAL MIXED- 20,400 SQUARE FEET{MCX-2D) ML-1d (45,804 SQ.FT.) -1a MCX-20 RS-10 R5-10 MCX-20 CN-10 MCX-20 'j� TLI r3 ,41 {t,' R5-10 5,694.00 S 10,121.00F E,kAMLI ST. 9iALA7" i I I S0 ML-20 ctedFn.]+ ML-20 � ML-20 cl)Q O _ —— -- - ML-20 � ML 20 ML-20 0 150 300 sad 000 1,200 Rs-1d Feet 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 INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF I-IAWAI'I. PLANNING DEPARTMENT TM K:2-2-50:43 DATE:February o,2009 EXH {B� A„ (Dr.Rodrigues- man 125m FOR REFERENCE ONLY