HomeMy WebLinkAboutBIL 259 Draft 01 1996-1998¢1 1 40
OUNTY OF HAWAII
BILL, NO. 259
ORDINANCE NO. 98 80
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, 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 2-2-35:59 AND 101.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, 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, on the west side of
Kanoelehua Avenue, the coordinates of which referred to Government Survey
Triangulation Station "HALAI" being 1,263.00 feet south and 11,062.50 feet east, thence
running by azimuths measured clockwise from true south:
1.
900 00'
210.50
feet along a portion of Grant 12773 to
Margaret C. Adrian (Lot 8) to a steel rod;
2.
1800 00'
100.00
feet along Grant 11039 to Kenso Otake to a
%Z" pipe;
3.
2700 00'
210.50
feet along Grant 11571 to Kaoru Nagata;
4.
3600 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,
more or less.
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 be responsible for complying with
all of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
C. Construction of the proposed development and related improvements within the
subject property shall be completed within five (5) years from the effective date
of this ordinance. This time period shall include securing Final Plan Approval
from the Planning Director for the development within the subject property.
Plans shall identify structures, fire protection measures, paved and striped
parking stalls and driveway and other improvements associated with the
proposed uses. Plans shall include a 4 to 6 -foot wide landscaping buffer along
the southern boundary and the portion of the northern boundary not occupied by
the driveway. A fence (other than chain-link) or hedge, which provides a visual
buffer from the adjacent property, shall be provided along the western (rear)
property line of the subject property.
D. An overall landscaping master plan and maintenance plan, which includes
landscaping along the portions of the side and rear property boundaries of the
subject property not presently occupied by pavement, shall be submitted to the
Planning Director for review and approval prior to the issuance of Final Plan
Approval.
-2-
E. Driveway access and sidewalk improvements along Kanoelehua Avenue shall
meet the approval of the Department of Transportation and the Department of
Public Works, whichever is applicable.
F. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Public Works in conjunction with the submittal of plans for
Plan Approval.
G. A drainage system, if applicable, shall be installed, meeting with the approval
of the Department of Public Works.
H. The method of wastewater disposal shall meet with the approval of the State
Department of Health and the Department of Public Works.
I. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property.
J. Upon compliance with applicable conditions of approval, prior to the opening of
the proposed development, the applicant shall submit a final status report, in
writing, to the Planning Director.
K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
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:
-3-
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).
M. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject property 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.
-4-
40 0
SECTION 4. This ordinance shall take erect upon its approval.
Hilo, Hawaii
Date of Introduction:
July 1, 1998
Date of 1st Reading:
July 1, 1998
Date of 2nd Reading:
July 15, 1998
Effective Date:
July 24, 1998
REFEREbICFs Comm.
877
APPROVED AS TO FORM AND LEGALITY
CORPORATIONCOUNSEL
DATED: -212-df f
-5-
0
Hoo/r/w P&rk Complex
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AREA: 21,050 SQ. FT.
iffin
ML - 20
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------ --- -- -- -- --- --- ------
KEKUANAOA FUTURE 60' R W LINE STREET
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, I
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, 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 WAIMEA, SOUTH
HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-35:59 & 101 MAY 4, 1998
EXHIBIT ..A.. (BRUCE HANSEN)
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