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Home My WebLink AboutORD 2003-110 2002-2004 COUNTY OF HAWAII STATE OF HAWAII B[LL NO. 111 ORDINANCE NO. ~3 1101 AN ORDINANCE AMENDING ORllINANCE NO. 91-38, WHICH RECLASSIFIED LANDS FROM SINGLE FnMILY RF.S[DENT[AL (RS-]0) TO LIMITED [NDUSTRIAL (ML-10) AT WAIAKEA, SOUTH HILO. HAWAI'1, COVERED BY TAX MAP KEY 2-2-35:31. BE IT ORDAINED BY "1'HE COUNCIL OF THE COUNTY OF HAWAI'1: SECTION 1. Ordinance No. 91-38 is amended as follows: "SECTION 1. Section 25-8-33, Article 8, Chapter 25 ('Coning 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: 1. 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 "6", 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. -1- SI;CT[ON 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 for any 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 identity 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; -2- (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 Pees Ordinance; (.I) an annual progress report shall he submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. l~he 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; 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 he 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. 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. lu 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 ordinanec shall take effect upon its approval. W"fRODUCGD BY: ~ ~(3CINCIL MEMQER, COUNTY OF HAWAII ciilo ,Hawaii Date of Introduction: June 13, 2003 Date of 1st Reading: Jwie 18, 2003 Date of 2nd Reading: July 2, 2003 Effective Date: July 9 , 2003 ' Gomm: 250 -4- i pIL-L ~ •aui 'ieaz=~oaig szaq~azg eummder~H „d„ l l 8 I H X 3 1 1 X61 'L - HHd l6 = 5E -Z-z = >I W-L 1-N~W~?Jdd~cl ~NINNb'-1 C1 = .G57 Q9~b'd9alol I 'll`dMb'H f0'~IH 1-11.nOS ~b~3>tb'Ib~M .1d' (Ol-"l W) -lb'Iyl i 1snaNt aa_.t.lwt-i a_t.. (oI-s2~J) -1 b~1.Lt~t~als~al ,L-ltwb'd ~-1~5NIS tn10?sl~ N0t1.`d~tdlSSd'lD 1~t`*i1SIQ ~I-l_L ~NIJNb~i-1~ .Lg '~ao' ~GLNno~ Itb~lVtb~l-I 3H1 ~o (Bao~ ~ N 1 NCZ) 5~ aIB..LdbN~ '6 3-10 l1Z.lb' (db'W ~WOZ v~1t--t do ,C.LIO) •~tl-SZ Not~va5 ~NtnN~Wb' 3Q0~ JNINOZ ~H1 Ol 1N3WaN3Wb' of 621 OI 621 s-L 87 I tt I I i I L I ~ I ~ Z ~ I o i ~ I I ! m i -i 01.6N OI.GAI I nY1 OD I ~ I I I I I I I I I I of+sa I j i = ol;sa ~ s<I~~ i i 'II I ~ C I r-.. ' I D ~ ~ of-ca I r ~.°oo•ael crc?I ! i ~ D oo_oGZ i I z ' U •.I -1'm5 054'11 = b'B>.Jb' I j I I i Z ;o Wo i (OI-1W 'lV 1al1Sf1GN1 mU p~.ll Wf'l of (ol-6i1) I ( --IHI.LNar7p159)sl .C11Wdd 373NIS 1B~,U15 d0?t lNH'tb~>I ~ oe•o6 m . Iv-1vN.. ~ . V/ ~ ,5 o0'EtL oL-'1W -'If oliSaJ i I ~ 7 ' N I m ~ al _s2, rn OL _'1 W - -I _ _ _ ~ T oL-mow ol~sa ~ ' OI -621 OL-lW ~oNVO,on ~I-'1-N~hd t1f1H~-1~ONb~).I env wv>+~ ' .OOL=..1 on -'1w a of-mow ~ i• - B-1d95 c of-mow o T~ ~1LloN ~rtall w ~ I ~ RECEI+iL`ti OFFICE; OF TFFE COUNTY CLERK dlme .2.07pvn. 9y County of F [awaii a~•~ 07 coq l03 _ xilo ,Hawaii ~ ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Datelntroduced: June 18, 2003 Arakaki X First Reading: June 18, 2003 Chung X Published: K/A Elarionoff X Holschuh X REMARKS: Jacobson X Leithead-Todd X _ Reynolds X Safarik X Tyler X 8 0 1 0 Second Reading: July 2, 2003 ROLL. CALL VOTI? To Mayor: July 2003 AYES NOES ABS EX Returned: July 9, 2003 Arakaki Effective: July 9 , 2003 _ Chung X Published: July 20, 2003 Elarionoff g Holschuh REMARKS. Jacobson R Leithead-'T'odd K Reynolds h Safarik l J'yler E 0 3 l DO HERE6YCF.RTLFY [hal the /oregoing 73/LL u'as adoplecl by the Cotmly Council puhli.ched as indicate~f ahove. _1 APPROVED AS TO ~ FORM AND LEGALITY: , C') NC'll. CHAIRMAN DEPUTY CORPORATION COUNSEL ~ COUNTY OF HAWAII ~ ~ couNrr c'cERK Date 111 Bill No.: ~ C-250/PC-92 pror /Disapproved (his q day Reference: ~ny .~u.~ OrdNo.: 'J3 Gi-~'^~_ 1~-~~ AYOR", ~'OUN"I YOF HAWAII