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Home My WebLink AboutORD 1997-093 1996-1998 :---.' " ....,.\': ~ \.:l, ...' . . COUNTY OF HAWAII STATE OF HAWAII BILL NO. 82 (Draft 2) ORDINANCE NO. 97 93 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE F AMIL Y RESIDENTIAL (RS-I0) TO LIMITED INDUSTRIAL (ML-20) AT W AIAKEA, SOUTH HILO, HA WAIl, COVERED BY TAX MAP KEY 2-2-35:47. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAIl: 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-20): Beginning at the northeast comer of this parcel of land, being also the southeast comer of Lot 12 and on the West side of Kanoelehua A venue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 723.00 feet South and 11,062.50 feet East, thence running by azimuths measured clockwise from true South: 1. 3600 00' 100.00 feet along Kanoelehua Avenue; 2. 900 00' 210.50 feet along Grant 11,555 to Charles C. Cross (Lot 16); 3. 1800 00' 100.00 feet along Grant 10,585 to Masawo Imamura (Lot 13); 4. 2700 00' 210.50 feet along Grant 11,557 to Noboru and Miyoko O. Kimura (Lot 12) to the point of beginning and containing an area of 21,050 Square Feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. I' ... . . SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. c. Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director for the commercial development within the subject property. Plans shall identify structures, fire protection measures, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a 6-foot wide landscaping buffer along the side/rear boundaries of the subject property. D. An overall landscaping master plan and maintenance plan, which includes landscaping along the side/rear property boundaries of the subject property shall be submitted to the Planning Director for review and approval prior to the issuance of Final Plan Approval. E. A drainage system, if applicable, shall be installed prior to the issuance of Certificate of Occupancy for the subject property, meeting with the approval of the Department of Public Works. F. Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. -2- I, "" J' . . G. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with Final Plan Approval. H. The applicant shall comply with all requirements of the Department of Transportation, including driveway access and sidewalk improvements along Kanoelehua Avenue. I. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. J. Upon compliance with applicable conditions of approval, prior to the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. K. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. L. 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- " , 1 . . 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 (Le., a condition to be performed within one year may be extended for up to one additional year). M. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. 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: -~ CIL MEMBER, COUNTY OF HA WAIl Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: June 2, 1997 June 2, 1997 June 18, 1997 July 3, 1997 APPROVED AS TO FORM AND LEGALITY 2LLi", DEPYll CORPORATION COUNSEL DATED: ~(z, 3/'17 -4- . , t . I . , '1 , 0 ML.-20 oA H##IIIIII P.r4 C#",pll~ W l- :=) w /1: 0 w Z a:: W I- ea -:1.lI U"J ~ II :C' I-g ex: --------------------- _________.L._____ ---- --------- Ou 0 I z__ 0 - FUTURE 120' R!W LINE ML. - 20 w.. PIILANI STREET ::>.3! --n I I I ~ ~.x I I I etA-1.lI Il- ea - 1.'f1 II- ~ W W 0 WI I~I I g:1 I- ML. - 20 ML. - 20 -;r U"J U"J V I ~I I \ ~ =-=-== ~ I \,) ea - 1.'f1 -20 I I ea - 1.'f1 ML. ~ ----1 0 I rs - 10 723.00 S rs - 10 I rs . 10 ~ AU062.50 E lit I U ML. - 20 1/ \ ~ ~~~2~1" & I ~ I V#// I I ML.I-IO I I rs - 10 w ----t I 51 / I rS'lo ~s - 10 rs - 10 HII# ~~ :;: ) ~:J HUALANI 0::: I--FUTURE 50' R/W LINE STREET / 1"',n,.""".1 1 of -,. I I I 10 ,T M~ 010\ :;: 0 rs - 0 ~I Ii) - w SINGLE f AMIL Y _ -!- 0::: A Irp#rl II' b :;:) RESIDENTIAL (RS-10) / 0 lit Ii) ~ wi 2 \ = 0::: 1 TO LIMITED ~ U-IO INDUSTRIAL (ML-20) I 0 \ - 1 ML. - 20 \ 0 AREA: 21,050 SO. FT. rs - 10 - : <{ o I / rS.lo rs - 10 '}.o => L____ I - T I 4:: ~:" W ::> 0 -l 0 a.. ::l W - 4:: ~ Z 0 z I 4:: ::l :5 rs - 10 Z ML. - 20 Z ::> == :s 4:: <{ I rs - 10 .l T ._ J ::l y: rs - 10 ML.-20 - ...J ====== KEKUANAOA 1==-FUTURE 60' R/W LINE STREET --., 1 T ..., ;~l~s'loT rs .10 ===i I ~ I rS.lo I ML. . 20 I ~ I '" I r lit AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-l0) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF" HAWAII TMK : 2-2-.35:47 MARCH 20, 1997 EXHIBIT "A" (GERALD KODAMA) m , . Introduced By: Date Introduced: First Reading: Published: REMARKS: . . O~CEOFTHECOUNTYCLERK County of Hawaii Hilo " , Hawaii . ' . Bobby Jean Leithead-Todd June 2, 1997 June 2, 1997 N/A Second Reading: To Mayor: Returned: Effective: Published: REMARKS: June 18, 1997 June 19, 1997 July 3. 1997 July 3. 1997 July 13, 1997 r={ :_~ ;r--.. r- ! \ ! 1::-:: r -..., . .._-....~ ,- ~' '. '.~,-_/ EX Arakaki Chung Leithead- Todd Ray Reynolds Santangelo Smith Tyler Yagong x X X X X X X X 9 o o o ROLL CALL VOTE AYES NOES ABS EX Arakaki v Chung X Leithead- Todd X Ray X Reynolds X Santangelo v Smith X Ty ler X Yagong X Q n n n I DO HEREBY CERTIfY tha~ the foregoing BILL was adopted by the County Council and published as indicated above. A\F!~"'ROV,,;:[) ASlfO fa M AND II. AUTY: . . . DEPUTY CORPO ATION COUNSEL COUNTY Of HAW All Dole ft{?-J/!/-Z _'3 day .19 CfJ Bill No.: 82 (Draft 2) C-282/PC-50 97 93 Reference: Ord. No.: