HomeMy WebLinkAboutBIL 028 Draft 01 2000-2002 COUNTY OF HAWS? ,.gx, - STATE OF HAWAII
BILL NO. 28
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 GENERAL COMMERCIAL (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-20:7.
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 General Commercial (CG-10):
Beginning at the Northeast comer of this lot, the Southeast corner of Lot 8, and on
the Southwest side of Kinoole Street (60 feet wide), the coordinates of said point of
beginning referred to Government Survey Trig. Station "Halai" being 1245.14 feet South
and 5177.73 feet East, as shown on Government Survey Registered Map 2705, and
running by azimuths measured clockwise from true South:
1. 328° 10' 83.21 feet along the Southwest side of Kinoole
Street (60 feet wide);
2. 58° 10' 237.00 feet along Lot 6, Block 53, Waiakea House
Lots;
3. 148° 10' 83.21 feet along remainder of Block 53;
4. 238° 10' 237.00 feet along Lot 8, Block 53, Waiakea House
Lots, to the point of beginning and
containing an area of 19,721 square feet.
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All as shown on the map attached hereto, mazked 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. Final Plan Approval shall be secured from the Planning Duector within two (2)
yeazs from the effective date of this ordinance, in accordance with the Zoning
Code Sections 25-2-72 and 25-5-117 and the Planning Department's Rule 17
(Landscaping Requirements) for the commercial development within the subject
property. Plans shall identify structures, fire protection measures, landscaping,
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.
C. Prior to the issuance of the Certificate of Occupancy, the applicant shall
reconstruct the existing concrete driveway and provide full-width concrete
sidewalk along the subject property's entire Kinoole Street frontage to meet the
requirements of the Hawaii County Code and the Americans with Disabilities
Act (ADA), meeting with the approval of the Department of Public Works.
D. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Public Works. A copy of the approved Plan shall be submitted
to the Planning Department prior to issuance of a Certificate of Occupancy.
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E. Prior to the issuance of a Certificate of Occupancy for the proposed development,
the applicant shall submit a final written report to the Planning Director stating
that all conditions have been met.
F. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property.
G. 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 towazds the requirements of the Unified Impact Fees
Ordinance.
H. An initial extension of time for the performance of conditions within the
ordinance maybe 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 aze beyond the control of the applicants, successors or assigns,
and that aze 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 contrazy 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 yeaz maybe extended for up to one additional year).
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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.
I. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
O CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: 91
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APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AREA: 19,721 SQ. FT.
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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 GENERAL COMMERCIAL (CG-10) AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-2-20:7 DECEMBER 7, 2000
EXHIBIT ~A" (MAea KwoTA TR.) y®
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