Loading...
HomeMy WebLinkAboutCOM 0442.000 2002-2004 ~YY Oe ~~L~ Harry Kim Dixie Kaetsu i. Mnyor ~ ? 1 ;i t_ Mannging Direcdor 03 DEC 19 P~ ~j q Peter L. Hendricks h oi~N~~ 1 O [ 3 Deputy Mnnnging Dirermr COUNTY OF HAW ' Nip ~ 25 Aupuni Street, Room 215 • Wlo, Hawaii 96720-4252 • (808) 961-8211 Fax (~~8)981~I~h~~l KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 December 16, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone (REZ 745) Applicant: Dianne & Edward Hirayama Request: Amendment to Change of Zone Ordinance No. 93-100 (Time Extension) Tax Map Key: 2-2-50:8 Change of Zone Application (REZ 03-022) Applicant: Hawaii Brewery Development Co., Inc. Request: A-20a to A-Sa Tax Man Key: 1-6-141:1 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~-CI V~~~vV Harry Kim Mayor Ll 12103may Enclosures cc: Planning Department Comm. No. ~ ~Z Ref. To; Q L ~i I 1 °zG,~. Ref. Dat~~~ ..w,,4s Hatry Kim ~y Mayor \ i~:•O County of Hawaii PLANNING COMMISSION I01 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 December 16, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone (REZ 745) Applicant: Dianne & Edward Hirayama Request: Amendment to Change of Zone Ordinance No. 93-100 (Time Extension) Tax Man Key: 2-2-50:8 The Planning Commission, after a duly held public hearing on November 21, 2003, voted to recommend for your approval the proposed legislative bill to amend Change of Zone Ordinance No. 93-100, which rezoned 11,250 square feet of land from a Single Family Residential 10,000 square foot (RS-10) to a Limited Industrial - 10,000 square foot (ML-10) district. The request is for a time extension to Condition C (construction timetable). The property is located along the west side of Hinano Street, approximately 150 feet north of the Hinano Street-Kawili Street intersection, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting an amendment to Condition C (construction timetable) of Change of Zone Ordinance No. 93-100 (REZ 745), which rezoned 11,250 square feet of land from a Single Family Residential 10,000 square foot (RS-10) to a Limited Industrial- 10,000 square foot (ML-10) district, to allow a five year time extension to complete construction of the proposed industrial development. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The applicants had received an administrative time extension of five years from October 8, 1998 to October 8, 2003 based on the allowance allowed by Condition N of Change of Ordinance No. 93-100 (REZ 745). The time extension was requested because the applicants were having financial difficulty starting construction as a result of the poor economy. The inability of the applicants to comply with the requirements of Condition B of Change of Zone Ordinance No. 97 49 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. The applicants have had financial struggles based on the poor economy, which has prevented them from completing the construction of the proposed industrial development as required by Condition No. 5. The applicants have also recently learned that an additional requirement of removing a utility pole may be at the applicants' expense and would cause a financial hardship, although they are working towards a solution regarding this matter. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Since the rezoning was approved for the project site in 1993, there have been no changes to the General Plan affecting the subject property or immediately surrounding area. The proposed General Plan revision does not show any changes proposed for the subject property but proposes a change from Low Density Urban to Industrial for properties to the immediate north. The applicants will be required to comply with all previous conditions including meeting all requirements consistent with the prevailing Zoning Code standards, such as setback, height, parking, and landscaping. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. The original reasons for the approval of the rezoning are still valid today. Accordingly, approval of this extension request would not be inconsistent with the original reasons for approving the rezoning ordinance. For your favorable consideration, a draft bill to amend Condition C of Ordinance No. 93-100 is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, l?"~~` Fred Galdones, Chairman Planning Commission Lhirayama02PC Enclosures cc: Dianne and Edward Hirayama Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu oHirayama-Amend REZ745.jwd I I -04A} COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT EDWARD K. & DIANNE S. HIRAYAMA CHANGE OF ZONE ORDINANCE N0.93-100 (REZ NO. 745) AMENDMENT TO CONDITION C EDWARD K. & DIANNE S. HIRAYAMA are requesting an amendment to Condition C (construction timetable) of Change of Zone Ordinance No. 93-100 (REZ 745), which rezoned 11,250 square feet of land from a Single Family Residential 10,000 square foot (RS-10) to a Limited Industrial- 10,000 square foot (ML-10) district, to allow a five year time extension to complete construction of the proposed industrial development. The property is located along the west side of Hinano Street, approximately 150 feet north of the Hinano Street - Kawili Street intersection in Waiakea, South Hilo, Hawaii, TMK: 2-2-50:8. RE UEST 1. Request: The applicants are requesting an amendment to Condition C (construction timetable) of Change of Zone Ordinance No. 93-100 (REZ 745), which rezoned 11,250 square feet of land from a Single Family Residential 10,000 square foot (RS-] 0) to a Limited Industrial- (0,000 square foot (ML- ] 0) district, to allow a five year time extension to complete construction of the proposed industrial development. Condition C states, "construction of the proposed industrial development shall be completed within five (5) years from the effective date of the change of zone ordinance." The five-year deadline was October 8, 1998. (See Exhibit A -Amendment Request Letter Dated September 26, 2003 With Attachments) 2. Applicant's Reasons for the Request: The applicants have had financial struggles based on the poor economy, which has prevented them from completing the construction of the proposed industrial development as required by Condition No. 5. The applicants proposed to establish two 2,000 square foot steel structure buildings as electrical supply and equipment storage facilities. The applicants have also recently teamed that an additional requirement of removing a utility pole may be at the applicant's expense and would cause a financial c-Hy.a~t3,1~ aoa~P~ hardship, although they are working towards a solution regarding this matter. The applicant believes that the project could be completed within the next five years. GENERAL INFORMATION - 3. October 8, 2003: Effective date of Change of Zone Ordinance No. 93-100 (REZ 745) 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 Single Family Residential (RS-]0) to Limited Industrial (ML-10) at Waiakea, South Hilo, Hawaii, covered by Tax Map Key 2-2-50:8. Condition C stated that construction of the proposed industrial development shall be completed within five (5) years from the effective date of the change of zone ordinance (or October 8, 1998). 4. August 6, 1997: A one year administrative time extension was granted to comply with Condition C until October 8, 1999. The administrative time extension was granted based on Condition N (4), which allowed an administrative time extension for a period not to exceed [he period originally granted. 5. July 13, 1999: An additional administrative time extension was granted until October 8, 2003, based on Condition N (4). The first extension was for only one yeaz and this extension allowed the remainder of the five years allowed. AGENCIES' COMMENTS 6. Real Property Tax Office: (October 23, 2003 Memo): "There are no comments at this time. Real Property taxes aze paid through December 31, 2003." AGENCIES - NO COMMENTS OR OBJECTIONS 7. Department of Public Works, Department of Environment Management, Fire Department and Police Department AGENCIES - NO RESPONSE 8. Department of Water Supply, Department of Land and Natural Resources State Historic Preservation Division, and Department of Health PUBLIC COMMENTS 9. The department has not received any written objections or comments from adjacent property owners or the community on the request. _2. r z Edward 1K. & Dianne 5. Hirayama~~~' 135 Terrace Drive F'~~'~~~ ' r? Hilo, Hawaii 96720 ~ 961-3245 (R) 969-6915 September 26, 2003 Mr. Christopher Yuen, Director County of Hawaii Planning Department 100 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: RE: Request for Time Extension to Condition C Tax Map Key No. (3) 2-2-50:8 RS-10 to ML-10 Thank you for your prompt reply letter dated September 8, 2003 in response to our request for a Time Extension to Condition C of Change of Zone Ordinance No. 93-100. We are requesting for a five (5) year extension due to our misunderstanding of the filing deadline date, and on discovering that the additional requirement which was not part of the original conditions granted for rezoning mandating us to completely remove a utility pole due to different setbacks granted to our parcel and adjacent parcel. As explained in our previous letter, the cost of removing the utility pole would entail a financial hardship; however, a solution is still being determined. The five (5) years extension will give us the time needed to complete the construction of the proposed development. We understand that as required the Planning Commission will conduct a public hearing on our request; therefore, the $250.00 filing fee is being enclosed with this letter. We thank you in advance for your assistance. Please call us if you have any further questions. Yours truly, Edward K. Hirayama Dianne S. Hirayama Encl.: Filing Fee $250.00 ' Copy of letter dated '"-'°°"`---1 September 2, 2003 ~ .~.c5s.>~ ~6a EXHIBIT Edward 1C. ~ Dianne S. Hirayama 13S Terrace Drive Hilo, gIawaii 96720 961-3245 (12) 969-6915 (11) September 2, 2003 Ivlr. Christopher Yuen, Director County of Hawaii Planning Department 100 Pauahi Street, Suite 3 F-Iilo, Hawaii 96720-3043 Dear Mr. Yuen: RE: Request for Time Extension Tax Map Key No. (3) 2-2-050:008 Due to a misunderstanding regarding your letter dated October 9, 2002, regarding an extension on our change of zone Ordinance No. 93 100 (REZ 745), we were informed by your department that our extension has expired. We misunderstood your October 9, 2002, letter to state that we must apply for an extension by October 8, 2003. Since this date is printed in boldface lettering, and that is the anniversary of our original request for a change in zoning, we assumed that ®etober 8, 2003, was the deadline to file for an extension. However, your department informed us recently that the deadline date to file was June 3, 2003, and not October 8, 2003. Our request for an extension is based on our misunderstanding of the dates, and on a recently discovered additional requirement that was not part of the original conditions granted for rezoning. This additional requirement mandates us to completely remove a utility pole due to different setbacks granted to our parcel and the adjacent parcel. Removal of the utility pole will be extremely costly and is a financial hardship; therefore, we have been seeking solutions. Based on our circumstances, may we respectfully request for an extension? Your understanding in this matter will be greatly appreciated. Should you have any questions, please feel free to contact us. Yours truly, Edward K. Hirayama Dianne S. Hirayama i I ~DWARD K. HIAAYAMA O 3 Z J , (ANNE S. HIRAYAMA s~~ SPECIAL ACCOUNT NO.4 59-157/1213 135 TERRACE DR. 961-3245 ~ I~ HILO, HAWAII 9672'{;~./ ~E3 '"~~I ?F;Y TO - ~ Q~ 0 I III i Centra~i}acific Bank I~ 525 Kilauea AVe., Hilo, Hawaii 96720 i I:L2 OL578~: 20~~~25715 6u' 0329 - - c- e i v ~ ~z~ ~y i COUNTY OF HAWAII STATE OF HAWAII BILL NO. i 2 s (Draft 3) ORDINANCE NO. 93 1~0 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONI*IG CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO LIMITED INDUSTRIAL (ML-10) AT WAIAKEA, SOUTH HZLO, HAWAII, COVERED BY TAX MAP KEY 2-2-50:8. 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 Limited Industrial (ML-10): Beginning at a point at the southeast corner of this parcel of land and on the west side of Hinano Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 3,743.00 feet South and 9,591.00 feet East, thence running by azimuths measured clockwise from True South: 1. 90° 00' 225.00 feet; 2. 180° 00' 50.00 feet along Lot 5, Block 44, Waiakea House Lots; 3. 270° 00' 225.00 feet along Lots 3 and 4, Block 44, Waiakea House Lots, to a point on the west side of Hinano Street; 4. 360° 00' 50.00 feet along the west side of Hinano Street to the point of beginning and - containing an area of 11,250 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) final Plan Approval for the proposed industrial building and related improvements shall be secured from the Planning Director. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (toning Code), plans shall be submitted a minimum of forty-five (45) days prior to the date for which plan approval must be secured. Plans shall include a landscaping buffer along the property's common boundaries with adjoining properties for the purpose of mitigating any potential adverse noise and visual impacts; (C) construction of the proposed industrial development shall be completed within five (5) years from the effective date of the change of zone ordinance; (D) access to the subject property from Hinano Street shall meet with the approval of the Department Public Works; (E) roadway improvements to xinano Street, to include curb, gutter and sidewalk improvements and required roadway transition areas, shall be constructed along the project site's entire Hinano Street frontage in a manner meeting with the -2- approval of the Department of Public Works, prior to the , issuance of a certificate of occupancy for any portion of the proposed development. A street light shall also be installed by the applicant at a time and in a manner meeting with the approval of the Department of Public Works; (F) Should any infrastructure improvements related to Lanikaula Street/Hinano Street intersection or Lanikaula Street/Manono Street intersection be required of future developers, the applicants, successors, or assigns of the subject property shall pay for their pro rata share of improvements, as determined by the Planning Director. The pro rata share determination and implementation shall be approved by the Planning Department in consultation with the Department of Public Works; (G) drainage improvements, if required, shall be installed in a manner 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; (H) a 10-foot wide road widening strip along the subject property's entire Hinano Street frontage, including all improvements required by Conditions E and F, shall be dedicated to the County prior to the issuance of a certificate of occupancy for any portion of the proposed development; (i) wastewater generated by the proposed development shall be disposed of in a manner meeting with the approval of the Department of Health; (J) should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposit's, human burials, rock or coral alignments, -3- pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (K) comply with all applicable laws, rules, regulations and requirements of the affected agencies; (L) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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; (M) 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; and, (N) 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 applicants, 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 -4- 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. 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 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 adoption. INTRODUCED \ '1 , COUNCIL MEMB R, COUN OF HAWAII Hilo, Hawaii Date of Introduction: September 8, 1993 Date of 1st Reading: September 8, 1993 Date of 2nd Reading: September 22, 1993 Effective Date: October 8, 1993 APPROVED AS TO FORM~AND LEGALITY: ~~'~1S~.C (F-, ~ ~~z-~--~-~ -'i~-~'' ~ CORPORATION COUNSEL OCT - 5 1993 DATED: -5- T'RtJO NoRTM I it M~--zo 1 " = 100' _ ~ W Rs to WW L oQ r z W c Y /!vW RAJ-le F RS ~O Rs ,1o W N W ML-7.o HiNAtVO STREET ~e = ~s ° F HALM" D /A RS~ to y~ RS- Ic 0 0 51NGLE 1=AM1LY Re-~O RS-le M~--lo UI 0 RESIDENTIAL (RS-l Q n ~ TO LfN1fTED J ~ INDUSTRIAL (ML-10~ Q 'o AREA = t1,Z50 SGi-F'>- 0 0 0 0 . 0 R5-le R9 to n ~ ~ ML-lo i 0 .J rQ~-lo Q ~ J IBO°00'+ Q HAWAII ~ls 0-00 / COMMUNITY COL Ll:.66 R°~ I to ML-o.o R°-~- to R5-lo ML-tee °-KAM AV@- MANONO ~„E"' 1 AMENDMENT TO THE ZONING CODE AMENDiN6 SECTION ~5-114 (CiT7' OF }-l1L0 ZONE MAP) ARTICLE 3, CHAPTER ~5 (ZONING CODE) OF THE HAWAII GOUIVT7' COt~>` BY CHANGING THE pISTRICT' CLASSiFICATtofY FROM SINGLE FAMILT 1~ZLSIbENT1AL (RS-to) Te> LlM1TEp INbuST14fAL (ML lo) AT WAIAKEA, SOUTH 1-i1LO, HAWAII- P1@EPARED [37 = PLANNING bE!°AIQTMENT COUNTY of HAWAII M K a_~_rj0 g JULY f°~93 :arara~~ II ~ II fED WARD K. AND A, •NE S. HIr3AyA MA) 0~`, W 17(R f BPpi I! DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 0 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 6'ryr or xnw~~~?, TELEPHONE (808) 96158p501r~,11 ~TjAX (~8) ~ ~-8~ 57 'UJJJ ~f - 1 U - 17~ :~c~~r November 6, 2003 ` % TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE ORDINANCE N0.93-100 (REZ 745) APPLICANT - DIANNE AND EDWARD HIRAYAMA REQUEST: TIME EXTENSION TAX MAP KEY 2-2-050:008 We have reviewed the subject request for a time extension for Change of Zone Ordinance No. 93-100 and have no comments. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070. Sincerely yours, ilton D. Pavao, P.E. Manager SHK:dfg copy - Mr. Edward and Ms. Dianne Hirayama / / ~e.:i.::B:47 (~UaEer brinc~a rro~re~~... RHirayama-AmendREZ745.jwd l 1-04-03 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION EDWARD K & DIANNE S. HIRAYAMA CHANGE OF ZONE ORDINANCE NO. 93-100 (REZ NO. 745) AMENDMENT TO CONDITION C Upon review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Condition C of Change of Zone Ordinance No. 93-100 (REZ 745) to allow a five year time extension to complete construction of the proposed industrial development be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting an amendment to Condition C (construction timetable) of Change of Zone Ordinance No. 93-100 (REZ 745), which rezoned 11,250 square feet of land from a Single Family Residential 10,000 square foot (RS-10) to a Limited Industrial- 10,000 square foot (ML-10) district, to allow a five year time extension to complete construction of the proposed industrial development. The applicants had received an administrative time extension of five years from October 8, 1998 to October 8, 2003 based on the allowance allowed by Condition N of Change of Ordinance No. 93-100 (REZ 745). The time extension was requested because the applicants were having financial difficulty starting construction as a result of the poor economy. The inability of the applicant to comply with the requirements of Condition B of Change of Zone Ordinance No. 97 49 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. The applicants have had financial struggles based on the poor economy, which has prevented them from completing the construction of the proposed industrial development as required by Condition No. 5. -1- C -`-f `f .2 ~13i ~Da~ PC The applicants have also recently Teamed that an additional requirement of removing a utility pole maybe at the applicant's expense and would cause a financial hardship, although they are working towards a solution regarding this matter. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Since the rezoning was approved for the project site in 1993, there have been no changes to the General Plan affecting the subject property or immediately surrounding area. The proposed General Plan revision does not show any changes proposed for the subject property but proposes a change from Low Density Urban to Industrial for properties to the immediate north. The applicant will be required to comply will all previous conditions including meeting all requirements consistent with the prevailing Zoning Code standards, such as setback, height, parking, and landscaping. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. The original reasons for the approval of the rezoning are still valid today. Accordingly, approval of this extension request would not be inconsistent with the original reasons for approving the rezoning ordinance. Based on the above findings, it is recommended that a favorable recommendation be forwarded to the County Council with the following changes to Ordinance No. 93-100 (REZ 745. (Material to be deleted is bracketed and material to be added is underscored): C. Construction of the proposed industrial development shall be completed within five (5) years from the effective date of this amendment [the change of zone ordinance]; The accompanying draft bill to amend Condition C of Ordinance No. 93-100 is provided for your favorable consideration. -2- ~ a ~,c, C~JLJNT'Y OF HAWAII , ~ STATE OF HAWAII f S A ~t }rt E ';i ?a rs?'~ BILL NO. (Planning Department) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 93 100, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO LIMITED INDUSTRIAL (ML-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-50:8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 93 100 is amended as follows: "SECTION 1. Section [25-114] 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 a point at the southeast corner of this parcel of land and on the west side of Hinano Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 3,743.00 feet South and 9,591.00 feet East, thence running by azimuths measured clockwise from True South: 1. 90° 00' 225.00 feet; 2. 180° 00' 50.00 feet along Lot 5, Block 44, Waiakea House Lots; 3. 270° 00' 225.00 feet along Lots 3 and 4, Block 44, Waiakea House Lots, to a point on the west side of Hinano Street; 4. 360° 00' 50.00 feet along the west side of Hinano Street to the point of beginning and containing an area of 11,250 squaze Feet. -1- 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) final Plan Approval for the proposed industrial building and related - improvements shall be secured from the Planning Director. 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 (45) days prior to the date for which plan approval must be secured. Plans shall include a landscaping buffer along the property's common boundaries with adjoining properties for the purpose of mitigating any potential adverse noise and visual impacts; (C) construction of the proposed industrial development shall be completed within five (5) years from the effective date of this amendment [the change of zone ordinance]; (D) access to the subject property from Hinano Street shall meet with the approval of the Department of Public Works; (E) roadway improvements to Hinano Street, to include curb, gutter and sidewalk improvements and required roadway transition areas, shall be constructed along the project site's entire Hinano Street frontage in a manner 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. A street light shall also be installed by the applicant at a time and in a manner meeting with the approval of the Department of Public Works; (F) Should any infrastructure improvements related to Lanikaula Street/Hinano Street intersection or Lanikaula Street/Manono Street -2- intersection be required of future developers, the applicants, successors or assigns of the subject property shall pay for their pro rata share of improvements, as determined by the Planning Director. The pro rata share determination and implementation shall be approved by the Planning Department in consultation with the Department of Public Works; (G) drainage improvements, if required, shall be installed in a manner 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; (H) a 10-foot wide road widening strip along the subject property's entire Hinano Street frontage, including all improvements required by Conditions E and F, shall be dedicated to the County prior to the issuance of a certificate of occupancy for any portion of the proposed development; (I) wastewater generated by the proposed development shall be disposed of in a manner meeting with the approval of the Department of Health; (J) should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (K) comply with all applicable laws, rules, regulations and requirements of the affected agencies; (L) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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; -3- (M) 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; and (N) an initial extension of time for the performance of conditions within the ordinance maybe 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 aze 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 maybe 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. 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5-