HomeMy WebLinkAboutORD 1988-012 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. 4ss
(Draft 2)
ORDINANCE NO.
88 12
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 GENERAL INDUSTRIAL (MG-la)
TO LIMITED INDUSTRIAL (ML-la) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY `2-1-12:26.
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-la):
Beginning at the southeast corner of this parcel of land,
the southwest corner of Mana Quarry Site, and on the north
boundary of Tract 2-A of the Hawaiian Home Land of
Panaewa, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"HALAI" being 3693.00 feet South and 12557.73 feet East,
as shown on Government Survey Registered Map 2566, thence
running by azimuths measured clockwise from True South:
1. 90° 00' 238.00 feet along Tract 2-A of the
Hawaiian Home Land of Panaewa;
2. 16i° 00' 613.42 feet along the east side of
Railroad Avenue;
3. 270° 00' 437.71 feet along Parcels A and B
being portions of the
Government (Crown) Land of
Waiakea;
4. 360° 00' 580.00 feet along Mana Quarry Site to
the point of beginning and
containing an area of
4.499 Acres.
LA/TN
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 Phase I development,
as proposed by the applicant, 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;
(C) construction of the Phase I development shall commence
within one year from the date of receipt of Final Plan Approval
and be completed within two years thereafter; (D) plans for the
Phase II development, as proposed by the applicant, shall be
submitted for plan approval review within one year from the
date of completion of the Phase I improvements. Construction
shall commence within one year from the date of receipt of
Final Plan Approval and be completed within two years
thereafter; (E) access(es) to the property shall meet with the
approval of the Department of Public Works; (F) a drainage
system meeting with the requirements of the Department of
Public Works shall be installed; (G) all other applicable
rules, regulations and requirements shall be complied with;
-2-
and, (H) 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
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 may initiate rezoning of the area to its original or
more appropriate designation.
-3-
SECTION 3. 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 Fees Ordinance.
SECTION 4. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: January 18, 1988
Date of 1st Reading: January 18, 1988
Date of 2nd Reading: February 3, 1989
Effective Date: February 16, 1988
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AMENDMENT TO THE ZONING CODE
AMC--LADING 5>=cTION 2s-114 (CITY OF HILO ZON7=
MAP) ARTICLC 3, cHAPT~t~ '25 (ZONING Cope)
of THE HAWAII COUNTY CoD>=, BY Cf-tANG1NG
"'S'HE bISTC?ICT CLA551PICATICN FT~OM
GCNEI~AL INbUST1~IAL (MG-la) To LiN11TC-L~
INbUST1~tAL (ML--ia) AT WAtAKEA, SOUTH
Hll..o, HAWAII.
1~1~EPAT'ZEb BY = PLANNINS rJGI°AfYTMENT
couNTY of HAwAtt
TMI< = 2-1-I~. = 26 ocT. ~~, 1987
EXHIBIT IIAII