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Bill No. 41 z
(Draft 3)
ORDINANCE NO.
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AN ORDINANCE 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-10) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-37:27.
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-20):
Beginning at a point at the Southeast corner of this
parcel of land, and on the West side of Kanoelehua Avenue,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "Halai" being
3043.00 feet South and 11062.50 feet East, and running by
azimuths measured clockwise from True South:
1. 90° 00' 210.50 feet along Lot 10,
Block 38, Waiakea House
Lots;
2. 180° 00' 100.00 feet along Lot 7,
Block 38, Waiakea House
Lots;
LA/TN
3. 270° 00' 210.50 feet along Lot 6,
Block 38, Waiakea House
Lots; to a point on the
West side of
Kanoelehua Avenue;
4. 360° 00' 100.00 feet along the West
side of
Kanoelehua Avenue 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.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicant, its
successors or assigns shall comply with all of the stated
conditions of approval; (B) plans for the proposed development,
including landscaping and parking, shall be submitted for plan
approval review within one year from the effective date of
approval of the change of zone. The plan shall include the use
of heavy landscaping along the property lines with the adjacent
Single Family Residential (RS) zoned lots; (C) construction
shall commence within one year from the date of receipt of
Final Plan Hpproval and be completed within two years
thereafter; (D) in the design and review of the proposed
development, due consideration for any potential visual impact
shall be required. This consideration shall entail the
minimization of adverse visual impacts through the appropriate
siting, height, bulk, color schemes, signage and landscaping;
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(E) any activity conducted on the property shall not constitute
a nuisance to the surrounding properties. Should any activity
be determined to be a nuisance to the surrounding properties,
the Planning Director may impose additional mitigating measures
in order to eliminate the nuisance; (F) there shall be only one
access from Kanoelehua Avenue meeting with the approval of the
State Department of Transportation, Highways Division; (G) a
drainage system meeting with the requirements of the Department
of Public Works shall be installed; and (H) all other
applicable rules, regulations and requirements shall be
complied with.
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 owners, and that
are not the result of their fault or negligence; 2) granting of
the time extension would not oe 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 foregoing conditions not be met or substantially complied
with in a timely fashion, the Director may initiate rezoning of
the area to its original or more appropriate designation.
SECTION 3. Should the council adopt A Uniform Impact Fees
Ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may be satisfied by performance in accordance with the
requirements of the Uniform Impact Fees Ordinance.
SECTION 4. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION S. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUNCIL MEMBER, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 7, 1987
Date of 1st Reading: October 7, 1987
Date of 2nd Reading: October 21, 1987
Effective Date: October 28, 1987
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AMENDMENT TO THE ZONING CODE
AMENbING 51=CTION 25-tt4 (CITY ~F HILO zoNC
MAP) AI'QTICLE 3, c-HAl°"1"EI~ ~s (ZONING CO~>r~ 01=
THE HAWA1l COUNTY CopE, F3Y CHANGING THE
t~ISTF?ICT CLASSIFICATION 1=~oM SINGLE FAMII-Y
RESIbC-NTIAL (R.S-l0) TO LIMITEt7 INI~USTRtAL
(ML-20) AT WAIAKEA, SOUTf-i Hit_~o, HA1NP~11.
PREPAREb B`{ = PLANNING pEI°AriTM ENT
couNTY of HAWAII
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