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Home My WebLink AboutBIL 024 Draft 01 2000-2002 COUNTY OF HAWA~~ STATE OF HAWAII BILL NO. 24 ORDINANCE NO. 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 NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-34:95. 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 azea situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-10): Beginning at the northwest corner of this pazcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1563.00 feet South and 9444.00 feet East and running by azimuths measured clockwise from True South: 1. 270° 00' 147.00 feet along a portion of Lot 12, Block 20, Waiakea Houselots; 2. 360° 00' 75.00 feet along the west side of Hinano Street; 3. Thence along Lot 14-B, along a curve to the right having a radius of 10.00 feet, the chord azimuth and distance being: 45° 00' 14.14 feet; 4. 90° 00' 137.00 feet along Lot 14-B; -1- 5. 180° 00' 85.00 feet along Lot 14-B to the point of beginning and containing an area of 12,473.5 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 applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development and related improvements 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 commercial development. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include landscaping along property boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. Plans shall also indicate a 5-foot future road widening setback along the property's Hirano Street frontage. C. Driveway access from Hirano Street shall meet with the approval of the Department of Public Works. D. The applicants shall construct the following roadway improvements along the Hirano Street frontage, meeting with the approval of the Department of Public Works: -2- 1. Ahalf-section of roadway improvements on the west side of Hirano Street consisting of a 16-foot wide A.C. pavement with concrete curb, gutter and sidewalk and drainage improvements in the area established as one-half the distance between the existing right-of--way and 50-feet. 2. If required, installation of street lights, signs, and traffic markings fronting the subject property. All roadway improvements to Hirano Street shall be completed within five (5) years from the effective date of the change of zone ordinance or in conjunction with the County's road widening improvements, whichever occurs first. E. The roadway improvements on Hirano Street shall be subdivided and dedicated to the County of Hawaii upon its completion. 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 to the Planning Duector. G. Sewer line connections shall meet with the requirements of the Department of Public Works. H. The applicants shall install a backflow preventer (reduced pressure type) on the subject property within 90 days from the effective date of the change of zone, meeting with the requirements of the Department of Water Supply. I. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicants shall submit a final status report, in writing, to the Planning Director. -3- J. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property. 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: 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). -4- 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERd~1CFs Comm. 84 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- RS - 10 R5 - 7.5 RS - I O W W La..l ~ RS-10 ~ Rs-10 ~ RS-10 N ~ ~ ~ H UALAN I STREET FUTURE 50' R/W LINE z RS - 10 RS - 10 J RS-10 Z = J J ~ z RS-10 ~ ~ ,Q J ~ H ~ ~ SINGLE FAIdILY ~ ~ ~ " ~ RESIDENTU?l. RS-10 ( ) S RS-10 ~ ~ ' TO NEIGHBORHOOD k s - I o Z COYh1ERCUl (CN-7.5) ~ AREk 12,473.5 9Q. FT. c N- 2 o R s- l o ~ GG - 20 CN-20 RS - 10 CN - 20 CG - 20 t 6e3.oo s Biq /e/and 0,444.00 E • W1LN' ~ Cand~ee CG - 20 k5 - 10 RS-10 GN - 7 5 RS - 10 RS - 10 RS - 10 KEKUANAOA STREET FUTURE so' R/w LINE RD-~ 15 RS - 10 RS - 10 RS - 10 o Z Q Q Y RD-7 75 RS - 10 Z k5 - 10 Z k5 - 10 J Q z g ~ ~ 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 NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-2-34:95 DECEMBER 7, 2000 EXHIBIT ~ A'~ <aenwwo ~ ~r~ so~s>