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Home My WebLink AboutORD 1992-133 1988-1992COUNTY OF HAWAII STATE OF HAWAII BILL NO. 6 s 1 ORDINANCE NO. 92 133 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITION E, DELETION OF CONDITION J AND ADDITION OF NEW CONDITIONS J, K, L AND M TO ORDINANCE NO. 85-2, WHICH RECLASSIFIED 45,000 SQUARE FEET OF LAND FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-50:3 AND PORTION OF 2. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 85-2 is amended as follows: "SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties 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 corner of this parcel of land, being also the northwest corner of Lot 2, Block 44, Waiakea House Lots and of the south side of Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL " being 3,493.00 feet South and 9,253.50 feet East, thence running by azimuths measured clockwise from True South: 1. 360° 00' 400.00 feet along Grant 8724 to Cicero and Jeanette Abreu (Lot 2, Block 44, Waiakea House Lots) and along the remainder of Grant 10,682 to Mrs. Miulan Y. Kealoha (remainder of Lot 5, Block 44, Waiakea House Lots) and along the remainder of Grant 12,258 to James Kealoha (remainder of Lot 7, Block 44, Waiakea House Lots); 2. 90° 00' 112.50 feet along Kawili Street; 3. 180° 00' 400.00 feet along Manono Street; 4. 270° 00' 112.50 feet along Lanikaula Street to the point of beginning and containing an area of 45,000 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 petitioner, successors or its assigns shall be responsible for complying with all of the stated conditions of approval of the zone change; (B) plans shall be submitted to the Planning Department for Plan Approval within one year from the effective date of the zone change; (C) construction of the proposed development 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 requirement of the Department of Public Works shall be installed; (E) improvements to Kawili, Manono and Lanikaula Streets along the frontage of this subject property shall be constructed, including curbs, gutters, sidewalks, and dedication of the necessary turning radius, and such improvements shall be constructed in accordance with the -2- requirements of the Department of Public Works and completed [within one year from the issuance~of final plan approval for the proposed development. In lieu of actual construction within such period, the petitioner, successors or its assigns shall within one year from the issuance of final plan approval give legal and/or financial assurances meeting with the approval of the Planning Director, Chief Engineer, and the Corporation Counsel for the completion of such improvements within two years thereafter] by September 30. 1993. Further, should an Improvement District or similar arrangements be initiated, the landowner shall automatically participate in such an arrangement; (F) access to the property shall be off Lanikaula and on Manono Streets meeting with the approval of the Department of Public Works; (G) in the design and review of any future 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; (H) 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 Department may impose additional mitigating measures in order to eliminate the nuisance; (I) method of sewage disposal shall meet with the approval of the appropriate governmental agencies; and (J) [all other applicable rules, regulations and requirements, including -3- those of the Department of Water and Fire Department be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated.] all other applicable laws, rules, regulations and requirements shall be complied with; (K) 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 the performance in accordance with the requirements of the Unified Impact Fees Ordinance: [L) 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 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 and the Planning Director acknowledges that further reports are not required• (M) an 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 applicant 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 the Zoning Code• ~ granting of the time extension would not be contrary to the -4- original reasons for the granting of the chance 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 ha 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 Plannino Director shall s»hmit the applicant's request to the County Council for appropriate action Further should any of the conditions not hP 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. New material 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. -5- SECTION 4. This ordinance shall take effect upon its approval. BY: COUNCIL MEMBER, COUNT F HAWAII Hilo, Hawaii Date of Introduction: November 5, 1992 Date of 1st Reading: November 5, , 1992 Date of 2nd Reading: November 18, 1992 Effective Date: November 27, 1992 APPROVED AS TO FORM AND LEGALITY: ~,cecl.~ C~S~^-~ ~'~%?" CORP TION COUNSEL eF~.- i492 DATE : ""~ -6- Pirst Rea•ding: Published: • 9WM OFFICE OF THE COUNTY CLERK Cou of Hawaii n ply -1 0• 1 Hawaii Takashi Domingo Novemner 5, 1992 November 5, 1992 Second Reading: November 18, 1992 To Mayor: November 18, 1992 Returned: NnizPmbpr 27# 1992 Effective: Noirt-mhpr 27 ", 1992 Published: nPr-t-mht--r 17, 1992 REMARKS: E V41 HOME 1plqjzliaelq� RVAN Well I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approv -f 77k day �d of 19 MAYOR, COUNTY OF HAWAII CONT . CL RK Bill No.: 681 FKeference: PC - 333 Ord. No.: o..r+ tom) Tfau~ r 1 NORTFI Q a i ~JCO.<.a . ~ i 1' ~-Soo' R~-Ie NII..O~oR00RT ~ Rf lro 0 Ra 10 ARDORGTVM t erRM ~O~ 2 J Z x ,~ ~ MILILANI STRECT ~~ Rf-Ie /~ R0 le 1F •R»O , \VU~ ~(~, /~n \V` 80:10 I r/ - SINGLE /~ FANI1 LY RESiDENT1AL ='SO°' Ise•ee•-.wee_ee MANONO ST. (RS-10) To I.IMITE INOUSTi?IAL ML-ZO) ~7e.-oe• 111.Go Al'2EA = 45,000 SOFT. Q J•~ RO .e MAW.-~11 7 COMMtJNII'( (_ GOLLQO3Q f W Y tfJ Ra-ro ,y f- J N HINANO STREET M1-10 R 10 R0-Ie J_ t7 ' Q Y = 0 J m MAKAALA ST. ~ R~-Ie Z I Mt. 20 I ~ i R0r10 At~cNdt~~NT To. T~~ ~®N~~t~ a®®E AMENDING S8GT10N ~5-114 (CITY Oft H1L0 ZONE MAP) ARTICLE 3. Cl-1Al°TE1Q '~5 (ZONING CODE) OF TI-IC- HAWAII COUNTY COOS, 13Y GHANC3ING TT1E DIST141CT CLA5511=(CATION FROM 51NGLE 1=ANtIL•Y RC.SiDt=NT1AL (RS-10) TO 1..1MITC9 iNOUSTi~IAL (ML-'20) AT VJAIAKEA, SOUTH HILO, HALNAII. pR~PAREC DY ' CGI..f TITY O~ HAWA11 CNT agy~ T f`.9K ~- ~C ?~ /aND 1°ORT)ON CF'' ~ OET~T: ~~• 104 ___.') ~.~ ~.~~.,~. 'T1AW- D _,e