HomeMy WebLinkAboutBIL 277 Draft 01 1996-1998 •
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 277
ORDINANCE NO. 98 98
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 INDUSTRIAL - COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-37:29.
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 Industrial - Commercial Mixed (MCX-20):
Beginning at a point at the southeast corner of this parcel of land, on the west side
of Kanoelehua Avenue, being also the northeast corner of a portion of Lot 16, Block 38,
Waiakea House Lots the coordinates of said point of beginning referred to Government
Triangulation Station "Halai" being 3243.00 feet South and 11062.50 feet East and
running by azimuths measured clockwise from True South:
1.) 90° 00' 210.50 feet along a portion of Lot 16, Block 38,
Grant 11463 to Charles C. Cross, and
Lot 15, Block 38, Grant 12979 to Charles
Tokumi and Miyuki Suetake Otani
2.) 180° 00' 100.00 feet along Lot 11-B, Block 38, portion of
Grant 10780 to John L. Fontes
3.) 270° 00' 210.50 feet along a portion of Lot 10, Block 38,
Grant 12485 to Shoichi and Chieko Y.
Morishita to a point on the westerly side of
Kanoelehua Avenue
4.) 0° 00' 100.00 feet along the westerly side of Kanoelehua
Avenue 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. 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 landscaping buffer along the northern,
western, and southern boundaries of the subject property.
D. An overall landscaping master plan and maintenance plan, which includes
landscaping along the side property boundaries of the subject property, shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Plan Approval.
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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. Sewer line connections shall be installed meeting with the requirements of 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 Fee
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:
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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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
- ,
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: September 2, 1998
Date of 1st Reading: September 2, 1998
Date of 2nd Reading: September 16, 1998
Effective Date: September 25, 1998
REFERENCE: Comm. 936
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-5-
CN- `�
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)E DISTRICT BCLASS CLASSIFICATION (ZONING G
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
SINGLE FAMILY RESIDENTIAL (RS-10) TO INDUSTRIAL—COMMERCIAL MIXED (MCX-20) AT
WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-37:29 JULY 1, 1998
(SEAWIND HOLDINGS. INC.)
EXHIBIT "A"
10 125-I0 1 `■4 ML-20
R 5'l 0 ■4
SINGLE FAMILY RESIDENTIAL
F-r I-- Q' (RS-1O) TO INDUSTRIAL —
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)E DISTRICT BCLASS CLASSIFICATION (ZONING G
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
SINGLE FAMILY RESIDENTIAL (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT
WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-37:29 JULY 1, 1 998
(SEAWIND HOLDINGS, INC.)
EXHIBIT "A"
O R5-10 1 \\\ ML-20
R5t10 "
SINGLE FAMILY RESIDENTIAL
F-r 1- Q (RS-1O) TO INDUSTRIAL —
W w o COMMERCIAL MIXED (MCX-20)
O " F- R5-10 E AREA = 21,050 SQ.FT. = b
kA
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1° ML-20 I \`\\ N MG-la IY
MG Ia MGiIa \\\ 1-
R5-10 \
o1' R5-10 \" 11 /
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5 4. LE ILANI Future 50' R/W Line STREET
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L A N I K A U L A Future 60' R/W Line 0 STREET Future 80' R/W Line Ilk
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)E 8, CHAPTER 25
CLASSIFICATION (ZONING G
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
SINGLE FAMILY RESIDENTIAL (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT
WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-37:29 JULY 1, 1 998
(SEAWIND HOLDINGS, INC.)
EXHIBIT "A"
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii _ -
'SS 'J : 25 h_I 10 1...
ROLL CAL L VOTE
t-. - AYES,- NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd C, :!_: ‘; ,- - ._ ,
Date Introduced: September 2, 1998 Arakaki X
First Reading: September 2, 1998 Chung X
Published: N/A Leithead-Todd X
Ray X
REMARI$S.• Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
7' 0 2 0
Second Reading: September 16, 1998 ROLL CALL VOTE
To Mayor: September 18, 1998 AYES NOES ABS EX
Returned: September 25, 1998 Arakaki X
Effective: September 25, 1998 Chung X
Published: October 2, 1998 Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
8 0 1 0
I DO HEREBY CERTIFY that the oregoing BILL was adopted by the County Council and published as
indicated above. A P7R OV E D A TO
FORM AND LEGALITY:
.e.___ . -4.1... ..Cify-r5=_L
oir
DEPUTY CORPORATION COUNSEL of 0.
1;
i p
COUNTY OF HAWAII / ,.
5EP 2 1 199
Date,
ApprovedJDppoeved this 'z$ day / 1 UNCIL CHAIRMAN
of 49 t4+.A . 19i1r . Xo4 -•
COUNTY CLERK
YOR, COUN OF HAWAII Bill No.: 277
Reference: C-936/PC-1339
Ord.No.: 98 98