HomeMy WebLinkAboutBIL 111 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. Ill
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 91-38, WHICH RECLASSIFIED LANDS
FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO LIMITED INDUSTRIAL (ML-10) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35::31.
BE IT ORDAINED BY THE COUNCIL, OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 91-38 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8, 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 Limited Industrial (ML-10):
Beginning at the northeast corner of Parcel "A", the coodinates of said point referred to
Government Survey Triangulation Station "HALM" being 743.00 feet south and
10579.00 feet east, thence running by azimuths measured clockwise from true south:
360° 00' 80.00 feet along Kalanikoa Street;
2. 90° 00' 143.13 feet along Lot 16;
3. 180° 00' 80.00 feet along Parcel "B";
4. 270° 00' 143.13 feet along Parcel "B", to the point of
beginning and containing an area of 1 1,450
square feet, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
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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) final Plan Approval fQr anv new. non-residential structure or use shall be
secured from the Planning Department [within one year from the effective
date of the zone change]. To assure adequate time for plan approval
review and in accordance with Chapter 25-244 (Zoning Code), plans shall
be submitted a minimum of forty-five days prior to the date by which plan
approval must be secured. Plans shall identify structures, landscaping, and
parking stalls associated with the proposed use(s).
(C) construction of improvements shall commence within one year from the
date of receipt of Final Plan Approval and shall be completed within one
year thereafter;
(D) access shall meet with the approval of the Department of Public Works.
Roadway improvements to Kalanikoa Street, including curbs, gutters and
sidewalks shall be constructed along the frontage of the property. Said
improvements shall be constructed in accordance with the requirements of
the Department of Public Works prior to receipt of a certificate of
occupancy for any [portion of the development] new. non-residential
structure or use of the subject property
(E) a drainage system shall be installed in accordance with the requirements of
the Department of Public Works;
(F) in the design and review of any improvements, due consideration shall
entail the minimization of adverse noise and visual impacts through
appropriate siting, height, bulk, color schemes, signage and landscaping;
(G) the method of sewage disposal shall meet with the approval of the
appropriate governmental agencies;
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(H) all other applicable laws, rules, regulations and requirements shall be
complied with;
(I) 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 may, at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified Impact
Fees Ordinance;
(J) 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 al] of
the conditions of approval have been complied with and the Planning
Director acknowledges that further reports are not required; and,
(K) an initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1) 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) the 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
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County Council for appropriate action. Further, should any of the
conditions not be met or substantially complied with in a timely
fashion, the Director shall initiate rezoning of the area to its
original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and materials to be added 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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C CIL MEMBER, COUNTY OF HAWA[`[
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 250
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AMENDIMENT TO TI"IE ZONING CODE
AMC-NDiNG SSCT1oN ~5-114 (C ITT OF FiTLO ZONE=
MAP) Ai"'iT1Cl..E 3, Cr-fAPTHR ~S (ZONING CODE)
OF THE TiAYVA11 COUNTY COOS, 13y CI-TANGING
Tl-iC vr3T1~iCT Ct_A55TFICATION PI'QOM S?f`rC3LE
FAMTt-7' 1~ES1DE1vTlAL (RS-l0) To L1tvT1TEt'~ INDUST-
RIAL (ML-10~ AT WAIAKEA, SOUTr-i }-iILO~ 1-iAWAl1- '
f°REPAR>co 1s>" ' COUNT? of hiAwA ENT
7'-tv1K _ '2-~-35: ~1 - Feb. 7, 191
EXHIBIT °A° Hirayama Brothers Electrical, roc.
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