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Home My WebLink AboutORD 1993-062 1992-1994COUNTY OF HAWAII . :STATE OF HAWAII BILL NO. s z (Draft 3) ORDINANCE NO. 93 62 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 LIMITED INDUSTRIAL (ML-20) TO GENERAL INDUSTRIAL (MG-la) AT WAIAKEA, SOUTH HZLO, HAWAII, COVERED BY TAX MAP KEY 2-1-07:9. 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 General Industrial (MG-la): Beginning at the east corner of this parcel of land and the south corner of Lot 9, Waiakea Warehouse Lots, being also the northwest side of Kalanianaole Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,360.85 feet North and 13,253.93 feet East and running by azimuths measured clockwise from True South: 1. 64° 25' 98" 2. 154° 25' 48" 132.35 feet along the northwest side of Kalanianaole Avenue; 338.30 feet along Lot 11, Waiakea Warehouse Lots; 3. 244° 25' 48" 132.35 feet along Government Land; 4. 334° 25' 48" 338.30 feet along Lot 9, Waiakea Warehouse Lots to the point of beginning and containing an area of 1.028 acres. 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, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the applicant shall secure Final Consolidation Approval of Parcels 9 and 10 within one year from the effective date of this ordinance. A 5-foot road widening setback along the project site's Ocean View Drive frontage shall be indicated on plans submitted for consolidation review and shall be dedicated to the County of Hawaii upon its request; (C) Final Plan Approval for the proposed development shall be secured from the Planning Department within one year from the date of receipt of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of 45 days prior to the date by which plan approval must be secured. Plans shall identify all existing and proposed structures, landscaping, interior driveway circulation, fire protection measures, and paved parking stalls and loading stalls associated with the proposed development; (D) construction of the proposed -2- development shall be completed (certificate of occupancy) within two years from the date of issuance of Final Plan Approval; (E) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (F) access to the subject property shall meet with the approval of the Department of Public Works. Curb, gutter and sidewalk improvements shall be installed along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and Parcel 10 in accordance with the requirements of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development; (G) landscaping shall be provided along the Kalanianaole Avenue frontage and along the Ocean View Drive frontage of Parcel 9 and Parcel 10 for the purpose of mitigating noise and visual impacts to Kalanianaole Avenue, to Ocean View Drive, and to adjacent properties. A landscaping plan including a program for the maintenance of the landscaping shall be submitted to the Planning Director for review and approval prior to issuance of certificate of occupancy for the proposed development; (H) should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and -3- the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (I) comply with all other applicable laws, rules, regulations and requirements; (J) 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance; (K) 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 include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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; and (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 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; -4- 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 shall initiate rezoning of the area 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER COUNTY ~F HAWAII Hilo, Hawaii Date of Introduction: May 5, 1993 Date of 1st Reading: May 5, 1993 Date of 2nd Reading: June 16, 1993 Effective Date: June 22, 1993 APPROVED AS TO FORM AND LEGALITY: (; G ; :`__ CORPORATIO/N COUNSEL DATE: (//~D~~~ -6- ~~ ~--~ / e =~n ~ o M -Iq ~ ~_ e ~~i , i /~ ~- 1 e 1 i .~ I V-.75 _~,r.,l r..va- t(ALANIANAOLE -1~~:3s Mb-Iq ML'~O ~y~ V/ Mb- Iq r~(/~ ML-moo MG-Iq M4-Iq ~~\ 0 KUHtO t9Ay 0 M -~q Mb-jq -' OCBAIV VIEW DR1YE ° O ML-2o M6--ae m, ~ LIMITED I m (ML-'7.o~ m INDUSTRIA F ~ ~ TO 62:NERAL ( N 7'Y ~ MG-Iq i INflu8TR1AL (MG-la) I °m .~ AR>=A = 1-026 7 ~ ACRES Q a N IA nML-20 MG-~2o c c G o / d' D,D6o.B5 N 19 C Y ~ ~/ FjALA1'm AVEtYUE Ma-Iq Iq MG=IIq BBACH~°J-~1 Mb-la AMENDMENT TO THE ZONING CODE AMEN>71N8 SECTION ~5-It4 (C1T7 OF H1L.o zoNE MAl°~ ARTICt_.1= 3, CHApT~R ~5 (ZONING CODE) OF THE HAWAII COUNT7' CODE B7' CHANGING "THE DISTRICT CL-A551FICATtON FRoM LIMITEp 1NDl~STR1AL ~N1L-2o) To ~°3ENERAI- 1Nt7U5TR1AL (MB-ia) AT WAIAKEA, SouTH H11-O, HAWAII. PREpARtfl B7' ` C UNT17G FBIP-tAAW MENT K=~-1-07=0~ pEB. I6, I°J 93 EXHIBIT „A11 (AMERICAN FENCE Ge_, LTO-~