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HomeMy WebLinkAboutBIL 323 Draft 01 1992-1994 COUI~T~ O~ I-I~'~VI~ ~T~ O~ I-I~WAII BILL leTO. 323 OR,1~IlOTAleTCE 1®TO. AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESORT-HOTEL (V-5.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-1-03:24 AND PORTION OF 23. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, 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 Resort-Hotel (V-5.5): Beginning at a 1/2" pipe in concrete (found) at the southwest corner of this parcel of land and on the northerly side of Banyan Drive the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 2,917.00 feet North and 9,642.00 feet East and running by azimuths measured clockwise from True South: 1. 180° 00' 260.00 feet along the easterly side of (former) Mokuola Street to a 1/2" pipe in concrete (found); 2. 270° 00' 115.00 feet along the southerly side of (former) Mamane Street to a 1/2" pipe in concrete (found); 3. 0° 00' 165.61 feet along Grants 13,279 and 11,082 to Shiro Ikeda and along the remainder of Grant 10,678 to Shiro Ikeda; 4. 270° 00' 2.28 feet along remainder of Grant 10,678 to Shiro Ikeda; 5. 0° 00' 69.70 feet along remainder of Grant 10,678 to Shiro Ikeda; 6. 90° 00' 2.28 feet along remainder of Grant 10,678 to Shiro Ikeda; 7. 0° 00' 6.26 feet along remainder of Grant 10,678 to Shiro Ikeda to a pipe in concrete (found) at the northerly side of Banyan Drive; thence along the northerly side of Banyan Drive along a curve to the right having a radius of 250.00 feet, the chord azimuth and distance being: 8. 78° 55' 51.5" 95.98 feet to a spike (found); 9. 90° 00' 20.00 feet along the northerly side of Banyan Drive to the point of beginning and containing an area of 29,489 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. the renovations and building additions shall be constructed within five years from the effective date of the change of zone ordinance. Plan Approval in accordance with the provisions of the Zoning Code shall be required for all renovations and building additions. C. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. D. A wastewater disposal system shall constructed in a manner meeting with the approval of the Department of Public Works. E. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. F. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. G. An annual progress report shall be submitted to the Planning Department prior to the anniversary date of the approval of this change of zone. The report shall address in detail 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 Department acknowledges that further reports are not required. H. An extension of time for the performance of conditions set forth in this ordinance may be granted by the Planning Director upon the following circumstances: a) 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) 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); and 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. I. Further, should any of the above conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the applicable area to its original or more appropriate designation. SECTION 3. In the event that any portion of the 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 MEMB R, COU OF HAWAII Hilo, Hawaii Date of Introduction: November 30, 1994 Date of 1st Reading : November 30, 1994 Date of 2nd Reading: Effective Date: i~ lI i P-ltLa ~3.4y ~ ! poND ~ i~ / , a ~ ~ ~ ~ ii } uz W° ~ JN O ~ i L1LIUOKALANI GAT1L~1'h1~^- ® ~O ~i1 z 61 X70 ° oo'--~ NS_o0 ° ° ~ o° ~ 1~ ' ' o° oo' ®1°~N o -p'® I- ~ 165.61 o AREA= 2°,,4a33~ 5~1.~ ~-o ~~j\ ~ d o o /i j`~/ ~9t~_oo N 0 o "HALAL" LO - /I / PP1 O ~O.OO ~O 78° Ste" St_5" 95.8 R _ 250.00 p GOl_~ ~OUI2S~ M _~o ~ hi~LCo ~ ~owcrz PLANT \l x 1 WW F~ JW T~ ~ W~ Q~ o it + ~°T' P~ ~ i°'i~ t+~tf~ i t L.t Pmt ® Ci°°l~ N t~ t iV ~ ~T° t~i Tit=~01~'f° - ~®°T°~Ls (V-~.~) /~T t~V~1AP~~/~, ~~U~'t~$ 1°R+~P:~1~2~1J ~Y ~ Pl-ANNt't~tG O~PARTM~Y~f"[" ~®t1NT7° esP I~tAV`tAt! 'T'1~-t K = ~-t- ~ AND P®R. S~1°T- 8, 1 t1~11 (MAUNA 1[t=A HoL1.~ING co_, 1Nc_~ S.• .iai_~iiiSdvm: r.A.n....• u r irk/ da •~s 1 t-~rL® ~Ay ~ ~ ~oND / 1\\ o ( 1 ; / ~ ~ , o / r ~ UJ / 1 0 ~ } u ~ iu ~ ff~fvvvv ~ o O ~ /i/ L1 LIUO KALP~NI GAY2Df^I~IS ~ ~O z ~U:.4 X70° oo'-°' 1f S.00 0 ~p O ~ O / O° 00' ~9t~_oo N 0 i~ o ..ALAI" .L] ~o.oo 'mss°s~•st.s" 9 5. ~8 R _ = ~o.oo i( BAN7'AN o GoL~ C©uRS~ M "20 ~ H ~ L C. O PO W C(e }°LAN T ,I ~ 1 W~ rU W > ? Q~ o ~2 ~ ~I°' f-~ N~ W~ f 1 s~ rJT ~ ~ f~'Y ~'f°-t~ N~.~ 1 N~a °~i i f~ ~1STi~f~°~` ~~~~l~l~=~'?°'C"t~Pot ~~f@~iYl ~3~~N 1~~~tST~T - N®mC°Le (V-~.~) ~T t~I~°.1/-~r<~~, ~~u~frmr i°'f f lm~, N~Yv1A1 t t°R~t~i~t~cr~ u7' _ PLAt~tNi?~tG U6~p~A1~TMEN-~" ~oL1NT'/ b-tAV~tPa!! ~/`~~I~ II~II (MAvNA K>=A HoLIOING Co_, INC_~ -____I_. ~..:--~,........M m,--~---.~--. J/ ~ 3 f-f rL~ 13Ay J~ PoND i V ~ 4 / O ~ ~ ~ ~ ~ ~i a o /j LILIUOKALP~NI GARC71=h7~,..*"- ~ ~O ~(r N°° (MAMAN~ STi~Ef_ T') X70°oo'-d 1~ u~_oo o o ~ i~~ o oo' i\ p jj~ Af~~A= 2.~' ,~L~3°...) S6l.~I': 0-~ il~~ ~ ° ~O 4iJ O°O G9- ~9t7_oo ht ~ /I ' 00 "HALAL" L] /n O Ir1L-~.o W go° oo~ -U~ o ~7-r° 'zo.oo 78°~~' 51.5' 95.%H R ° ~so.oo m. BANYAN o Go L1= t°oUF2~'~- ~ M _~c MCLCo pnt+vCR ~uANT x l Z i ~L ~ Q I~ Q I K i~ ~ ~I ,~n~irr~~N ~~~~i~hl ~--~t~'r (~i°i°~' ~-st~~ ~~N "T'F°°~~ ~tAYV~oii ~~t.li'JT'~' ~7' ~,"-D.~N~iN~ °~i~i J 1 ~°T' i~t t ~T ~ L-~~~ 1 ~ i ~A°`T' i ®i``t i ~ ~ t"ti') ~ ~ ~N ° j~c~ D°°9 t t®~, t~~ W~°.1 f PR~Pf'~r4CP~ X3'7' _ PLf~NN1'NG 1~~PAr~TMEt~!'f' 't"MK ~ a-r-®~ : ,ante Pore. aP a~ ~~PT= ~3, 1~~~- X ~ I ~ ( l U~11 ~r~AuNA tC1=A Hot_t~1NG Go., LNG-~ OFFICE OF TIIE COUNTY CLERK County of I-Iaw~ii Hilo , I~Iawaii ROLL CALL VOTE Introduced By: Takashi Domingo - - Date Introduced: November 30, 1994 AYES NOES ABS EX First Reading: November 30, 1994 ARAKAKI X Published: BONK-ABRAMSON CHILDS REMARIGS. DE LIMA X DOMINGO X HALE RA'I°I-I ROSEHILL X SCHU'I°I'E 5 3 Second Reading: ROLL CALL VOTE To Mayor: Returned: AYES NOES ABS EX Effective: ARAKAKI Published: BONK-ABRAMSON CHILDS REMARIC.S. DE LIMA DOMINGO RA°PI H I DO HEREBY CERTIFY that the foregoing BILL was adopted bg the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved/Disapproved this day of , 19 MAYOR, COUi~TTY OF IIAWAII Bill No.: 323 Reference: C-1364 /PC-141 Ord. No.: ~ _ S:' < < 4s .x3a?Yf i , si