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Home My WebLink AboutORD 2004-097 2002-2004 C®UN'I'I' OF I-~AWAI`T ~ ~TATF. C9F ~AWA_I`3 BILL NO. 295 ORDINANCE NO.04 9'7 AN ORDINANCE AMENDING ORDINANCE NO. 93 62, WHICH RECLASSIFIED LANDS FROM LIMITED INDUSTRIAL (ML-20) TO GENERAL INDUSTRIAL (MG-la) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-I-7:9. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 93 62 is amended as follows: "SECTION 1. Section [~5-1-1~] 25-8-33, Article [3] 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 General Industrial (MG-la): 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 applicant shall secure Final Consolidation Approval of Parcels 9 and 10 within one year from the effective date of this ordinance. A 5-foot road widening setback along the project site's Ocean View Drive frontage shall be indicated on plans submitted for consolidation review and shall be dedicated to the County of Hawaii upon its request; -1- (C) Final Plan Approval for the proposed development shall be secured from the Planning Department within one year from the date of receipt of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of 45 days prior to the date by which plan approval must be secured. Plans shall identify al] existing and proposed structures, landscaping, interior driveway circulation, fire protection measures, and paved parking stalls and loading stalls associated with the proposed development; (D) construction of the proposed development shall be completed (certificate of occupancy) within two years from the date of issuance of Final Plan Approval; (E) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (F) access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage [°~a r,a°° ~ of Parcel 9 and Parcel 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development; (G) landscaping shall be provided along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of parcel 9 and Parcel 10 for the purpose of mitigating noise and visual impacts to Kalanianaole Avenue, to Ocean View Drive, and to adjacent properties. A landscaping plan including a program for the maintenance of the landscaping shall be submitted to the Planning Director for -2- review and approval prior to issuance of certificate of occupancy for the proposed development; (H) should any unidentified sites or remains, such as lava tubes, 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 azchaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (I) comply with all other applicable laws, rules, regulations and requirements; (J) 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; (K) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the Change of Zone. 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 and the Planning Director acknowledges that further reports are not required; and (L) an initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: -3- (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 neg]igence; (2) granting of the time extension would not be contrary to the General Plan or the 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. 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 material 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: O IL ME ER, OUN Y OF HA `I Hilo , Hawaii Date of Introduction: August 4, 2004 Date of 1st Reading: August 4 , 2004 Date of 2nd Reading: August 18, 2004 Effective Date: August 26, 2004 REFEREPSGE: comm. 6~~, -5- ~ KUH~o 19 Ay 0 0 O 1 M6r 1u O (~ry `1_ o M -Iq M -19 ~ ° ~ , ; _ - i~ MG-Iq 0 / ~ ~q-4°~s'4e'=- OCEAN V7EW DIQ1V6 ~ rs~.a5 O ML-2o II m / m t-tMiTED MB-~° ~ ° ~ / m INDUSTRtA I (ML"~~ ~ m m To 6~NERAL I N v--7s Me_Iq ~ / i! ~ )NDUSTIQ1At- (MG-lo) MG-Ila ' AREA = 1, 026 O ~ ~ ~ ~ AcR>=s Q I n' m NML-2e MG-~-ao e / D,3CO.05 N ~ / m 13'((2~53.93 B 6N25'40"~ Awe- KAl_ANtANAOLE IJ2.3s AVENUE aEacra>EE- ~KAM MG-le MG-Iq ML-moo M6- Iq ML-moo \ r MG-Iq M4-Iq M~-Iq AMENDMENT TO THE ZONING .CODE AMENOrNG SECTIOtY ~5-{t~(octr NG CODE oDF THEMAi°~ AtQTtc~-E H, cHAI°TE~ ~5 HAWA11 COUNT? CODE 87' CHANGiNC THE DISTRICT c~sstt=rc.~TroN FRoM L1Mt'T1=C> iNdUSTRtAr_ (M~-~) TO GENERAL 1NbU5TR1AL (M6-ta) AT WAIAKEA, 50UTH Hir-O, HAWAiI• PREPARED B7' coul~tTt7'G ~~HAWA jENT FEB. f6, I°_J °.>3 TMK-~-1-07=~ OFFICE OF THE COUNTY CLERK County of Hawaii , Hilo ,Hawaii c.,, i,_.: 2'_~ i''~`; u' ].Z Introduced By: Leningrad Elarionoff ~ kOLL CALL VOTE Datelntroduced: August 4, 2009 AYES NOES ABS EX First Reading: August 4, 2009 Arakaki X Published: Chung X Elarionoff X REMARKS: Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 8 0 1 0 Second Reading: August 18, 2004 "fo Mayor: August 23, 2004 ROLL CALL VOTE Returned: August 26, 2004 AYES NOES ABS EX Effective: August 26, 2004 Arakaki X Published: SeAtember 1 2004 Chung X Elarionoff X REMARKS: Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 8 0 1 0 1 DO HEREBY CERT IFY that the foregoing BILL was adopted by the County Council published as indicated above. 7 r APPROVED AS TO ~ FORM AND EG LITY: ' - OU !L CHAIRMAN E TY CORPORATION COUNSEL COUNTY OF HAWAII ~ ~ O ~ C TY CLERK Date Bill No.: 295 Approve Disapproved this aloes day Reference: C-687/PC-100 ~,1 q use za o~ ord: A OR, C'CJYINT OF HAWAII Hawaf'r County is an Equa/ C~porfunity Provider and Employer