HomeMy WebLinkAboutORD 1988-095 1988-1992COUNTY OF HAWAII ;;;STATE OF HAWAII
Bill No. s61
(Draft 2)
ORDINANCE NO.
88 95
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-10) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-35:99.
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 the southeast corner of this parcel of land,
also being the northeast corner of Lot A on the west side
of Kalanikoa Street, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALM " being 743.00 feet south and 10,579.00 feet
east and running by azimuths measured clockwise from True
South:
1. 90° 00' 143.13 feet along Lot A;
2. 360° 00' 80.00 feet along Lot A;
3. 90° 00' 85.87 feet along Grant 12615 to
Eiichi Amasaki (Lot 16,
Block 15 of Waiakea House
Lots, 1st Series);
4. 180° 00' 100.00 feet along Grant 9158 to
John C. Makaimoku (Lot 13,
Block 15 of Waiakea House
Lots, 1st Series);
LA/TN
5. 270° 00' 229.00 feet along Grant 10979 to
August Asau (Lot 12,
Block 15 of Waiakea House
Lots, 1st Series);
6. 360° 00' 20.00 feet along the west side
of Kalanikoa Street to the
point of beginning and
containing an area of
11,450 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
shall be submitted to the Planning Department for Plan Approval
within one year from the effective date of the zone change;
(C) construction shall commence within one year from the date
of receipt of Final Plan Approval and be completed within two
years thereafter; (D) a drainage system in accordance with the
requirements of the Department of Public Works shall be
installed; (E) the driveway access to the property shall meet
with the approval of the Department of Public Works; (F) in the
design and review of any improvements, 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; (G) any activity conducted on
the property shall not constitute a nuisance to the surrounding
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properties. Should any activity be determined to be a nuisance
to the surrounding properties, the Planning Department may
impose additional mitigating measures in order to eliminate the
nuisance; (H) the method of sewage disposal shall be with the
approval of the appropriate governmental agencies; (I) all
other applicable laws, rules, regulations and requirements be
complied with; (J) an annual progress report shall be submitted
to the Planning Director prior to the anniversary date of the
effective date of the zone change. The report shall address
the status of the development and the compliance with the
conditions of approval. 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; and (K) 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; and
4) the time extension granted shall be for a period not to
exceed the period originally granted for performance (i.e., a
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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.
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:
CO NCIL MEM ER, CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction: June 1, 1988
Date of 1st Reading: June 1, 1988
Date of 2nd Reading: June 15, 1988
Effective Date: June 30, 1988
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AMENDMENT TO THE ZONING CODE
AMENDING 3C-'GTION ~5-114 (CITY of HILO ZONE MAI°~
A1~TICLC 3, CHAfrrEft ~5 (ZONING CODC-) OF THC-
HAWA11 COUNTY GODC, BY CHANGING THE UISTRIGT
CLA'.3511=(CATION FROM SINC3LE PAMIL,' I.ZE5I~EN-
TIAL (RS-lo) '7'o LIMITEb INt7U5TR1AL (ML-to) AT
WAIAKEA, SOLTH IytLO, HAWAII.
I°REPAriCp ~~j PLANNING pCPAYZTM CNT
GOU NTI' O~ HAWAII
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APRIL ~1, 188
EXHIBIT ~~AI~