HomeMy WebLinkAboutBIL 036 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 723 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY
TAX MAP KEY: 2-2-041:PORTION OF 75.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 723 is amended as follows:
“SECTION 2. [Section 7.29, Article 2, Chapter 8 (Zoning Code), of the Hawaii County Code, as amended, is further amended to add a new subsection, to read as follows:]In accordance with
Section 25-8-33, Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health, safety, and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
[(A) that the petitioner, Beretania Properties, Inc., shall be responsible for complying with all
of the stated conditions of approval; (B) that plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code), Hawaii County Code, secured by the Planning
Department for the proposed development within one (1) year from the effective date of the change of zone; (C) that construction commence within one (l) year from the date of receipt
of Final Plan Approval and be completed within two (2) years thereafter; (D) that access to the property shall meet with the approval of the Department of Public Works; (E) that the
proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood; (F) that the General Plan density guidelines of a maximum of 24 percent
ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with; (G) that the sewage requirements of the appropriate governmental
agencies shall be complied with; (H) that all water runoff generated by the proposed development shall be disposed of by a drainage system acceptable to the Department of Public Works;
(I) that all other applicable rules, regulations and requirements be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original of more appropriate
designation may be initiated.]
SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: