HomeMy WebLinkAboutORD 1989-034 1988-1992COUNTY OF HAW
ORDINANCE NO.
ATE OF HAWAII
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Bill No
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 -20) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2 -2- 35:61.
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 -20):
Beginning at the northeast corner of this parcel of land
and on the west side of Kanoelehua Avenue, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "HALAI" being 1,363.00 feet South
and 11,062.50 feet East, thence running by azimuths
measured clockwise from true South:
1. 3600 00' 100.00 feet along Kanoelehua Avenue;
2. 900 00' 210.50 feet along Grant 11,393 to
John G. Perreira;
3. 1800 00' 100.00 feet along Grant 10,766 to
Yoshio Kodani (Lot 9);
4. 2700 00' 210.50 feet along Grant 12,773 to
Margaret C. Adrian (Lot 8) to
the point of beginning and
containing an area of 21,050
Square Feet.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) The applicant, its
successors or assigns shall comply with all of the stated
conditions of approval; (B) Final Plan Approval shall be
secured from the Planning Department within one year from the
date of the effective date of the change of zone. To assure
adequate time for plan approval review and in accordance with
Chapter 25 -244 (Zoning Code), plans shall be submitted a
minimum of forty -five days prior to the date by which plan
approval must be secured. Parking shall comply with the
requirements of Chapter 25 (Zoning Code). No parking variance
from the Code shall be applied for or granted; (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 shall be
installed in accordance with the requirements of the Department
of Public Works; (E) The driveway access to the property shall
meet with the approval of the State Department of
Transportation, Highways Division; (F) In the Planning
Department's Final Plan Approval, consideration shall be given
to any potential visual impacts and the visual impacts shall be
mitigated through the appropriate siting, height, bulk, color
schemes, signage and landscaping; (G) Any activity conducted on
-2-
the property shall not constitute a nuisance to the surrounding
properties. Should any activity be determined by the Planning
Department to be a nuisance to the surrounding properties, the
Planning Director 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) 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; (K) 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, (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 applicants,
-3-
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 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. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
T
UNCIL MEMBER, COUNTf4 OF HAWAII
Hilo, Hawaii
Date of Introduction:
February
1,
1989
Date of 1st Reading:
February
1,
1989
Date of 2nd Reading:
February
15,
1989
Effective Date:
February
23,
1989
TRuE
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION (CITY Or- HILO ZONE
MAP) AIRTICLC-' M, CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE, $Y CHANGING
THE D13TRICT CLASSIFICATION I°ROM SINGLE
FAMILY RESIDENTIAL (1QS -10) TO L1M1TE17
INDUSTRIAL. (ML. -ZO) AT VdA1AKEA, 5oUTH
Ht�. -O� 1- IAWAIi.
PREPARED BY ' 1°L- ANNIN6 DE1°ARTMI =NT
COUNTY 01= H^kNAII
ITMK = -a -2-H3 : 61= -a - -2 -H.J = 61
EXHIBIT IIAII
NOV. 14, 1°--388