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HomeMy WebLinkAboutORD 2021-046 2020-2022COUNTY OF HAWAII ORDINANCE NO. 21 STATE OF HAWAII BILL NO. 36 46 AN ORDINANCE AMENDING ORDINANCE NO. 723 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL (RS -10) TO NEIGHBORHOOD COMMERCIAL (CN -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2- 041 PORTION OF 75. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 723 is amended as follows: «SECTION 2. [Seetio 7.29, n,,iele 2, Charter 8 (Zoning Codes of the 14 G,,,,,,t , amended,Code, as ' _ :]In accordance with Section 25-8-33, Hawaii 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: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. -1- Appr-eval, in meer-danee with Chapter- 8 (Zoning Code), 14awaii Geunty Code, Planning Department for- the proposed development within one (1) year ffom the eff-ective- date of the Eliange of zone; (re) that , enstfuet;,-.,, , o e within e (1)year- from the dat of r-eeeipt of Final Plan Appr-eval and be eompleted within two (2) year -s thereafter-; (D�t� aeeess to the pr-.,,,,ei4y shall neet with the approval of the rlapaAme t ofPublic Works; (E) that the proposed improvements shall be designed in keeping with the existing ehar-aeter o the immediate nei ghbor-hood; (F) that the Qener-a4 Plan density guidelines of a maximum 0 24 0 0ground eover-a-ad 0paved area,par-king and 'irivr Tyr Yer...Jn., with; with; (14) that all water rungenerated by the proposed development shall be disposed of by a drainage system aeeept to the Department of Publie Works; (1) that all other- appheable 7 regulations andr-equir-eme ats bte eemplied with. Should an), of the foregoing eonditions not be 7 reze of the n n to its original ofmore appropriate designation m 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. -2- SECTION 4. This ordinance shall take effect upon its approval. Kona , Hawai`i Date of Introduction: June 2, 2021 Date of 1st Reading: June 2, 2021 Date of grid Reading: June 16, 2021 Effective Date: June 25, 2021 REFERENCE Comm. 235 INTRODUCED BY: AUNCIL EMBER, COUNTY OfF HAWAII -3- t-�;ILAIIAJMA. Mic"` �'O ....... ...... . OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Ashley Kierkiewicz (B/R) Date Introduced: June 2, 2021 First Reading: June 2, 2021 Published: June 11, 2021 REMARKS: Second Reading June 16, 2021 To Mayor: June 24, 2021 Returned: June 29, 2021 Effective: June 25, 2021 Published: July 16, 2021 f, 't l d 1f s Ali n7r MIN, ra -'• Cf' ifs 1 OU- 2 9 k4ri �?. 26 ROLL CALL VOTE AYES NOES ABS EX Chung X X David X Inaba X Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. CO UN N Approve Disapproved this day Of- 20 z r COUNTY LERK Bill No.: 36 MAYOR, COUNTYOFHAWAI`I Reference: C-235/PC-19 Ord No.: 21L 4s