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Home My WebLink AboutORD 2001-031 2000-2002 'ate .y ~ • COUNTY OF HAWK ~ •TATE OF HAWAII BILL NO. 24 (Draft 2) ORDINANCE NO. Oi 31 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 Hawazi County Code, ~s amended to change the district classification of property described hereinafter as follows The d~stnct classification of the following area situated at Wazakea, South Hilo, Hawaz~, shall be Neighborhood Commercial (CN-10) Beginning at the northwest corner of this parcel of land, the coordinates of sazd point of begmnrng referred to Government Survey Triangulation Station "HALAI" being 1563 00 feet South and 9444 00 feet East and running by azimuths measured clockwrse from True South 1 270° 00' 147 00 feet along a portion of Lot 12, Block 20, Wa~akea Houselots, 2 360° 00' 75 00 feet along the west side of Hmano Street; 3 Thence along Lot 14-B, along a curve to the nght having a radius of 10 00 feet, the chord azimuth and distance bemg• 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 beginntng and containing an azea of 12,473 5 square feet All as shown on the map attached hereto, mazked Exhtbrt "A" and by reference made a pazt hereof SECTION 2 This change m district classification is conditioned upon the following A The applicants, their successors or assigns shall be responsible for complying with all of the stated condrt~ons of approval B Construction of the proposed development and related improvements shall be completed w~thm five (5) yeazs from the effective date of this ordinance This time penod shall include securing Final Plan Approval from the Planning Dtrector for the commercial development Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and dnveway and other improvements associated with the proposed uses Plans shall include landscaping along property boundazies for the purpose of mttigating any potential adverse nose and visual impacts to surrounding properties Plans shall also indicate a 5-foot future road wtdemng setback along the property's Hinano Street frontage C Dnveway access from Hmano Street shall meet with the approval of the Department of Public Works D The applicants shall construct the follownng roadway improvements along the Hmano Street frontage, meeting with the approval of the Department of Public Works -2- I Ahalf-section of roadway improvements on the west side of Hinano Street consisting of a 16-foot wide A C pavement with concrete cwb, gutter and sidewalk and draznage 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 mazkings fronting the subject property All roadway improvements to Hinano 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 Hinano Street shall be subdivided and dedicated to the County of Hawazi 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 Director G Sewer line connections shall meet with the requirements of the Department of Public Works H The applicants shall install a backflow preventer (reduced presswe 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, regulattons 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 towazds 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 of 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 onginal reasons for the granting of the change of zone 4 The time extension granted shall be for a period not to exceed the penod originally granted for performance (i e , a condition to be performed within one year may be extended for up to one additional yeaz) -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 appropnate action M Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may ~mtiate rezoning of the subject property to rts original or more approprrate designation SECTION 3 In the event that any portion of this ordinance is declazed invalyd, such invalidity shall not affect the other parts of this ordinance SECTION 4 This ordinance shall take effect upon its approval INTRODUCED BY E~ CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawazi Date of Introduction. ~b~ya~, 22, 2001 Date of 1st Readrng February 22, 2001 Date of 2nd Readrng March 9, 2001 Effective Date March 21, 2001 RfFERENCEe Comm. 84.1 _ APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED -5- Ps .i RS / 5 R5 IU r W - ~ w ~ w WW w ryJ ~ lyf 45 iJ I ~ I 45 i0 I ~ Ps I-) i ~ I HUALANI STREET EuruRE so R/W UNE ~ _ w . i v• Ip ¢5 O i es IO I I ~ i _ ? ~ I o I I ~ Z RS 10 I ~ ~ J I ~ i ~ SINGLE FAMILY ~ ~ ~ LL RESIDENTIAL (RS-10) = ~ o II I I'- i ~ TO NEIGHBORHOOD es 'o Rs to = I ~ COMMERCIAL (CN-10) ~ s i 4 AREA: 12,473.3 S0. Ft. c N x o R s t o ~ cc ~o CN 10 R5 10 CN TO CG 30 ~awws i e~y i,i.ne •1M 00 E ',WN• ~ l~n?lee I I [5 10 CG ]O [5 10 CN 1 5 45 10 R5-10 RS 10 I KEKUANAOA STREET FUTURE 60' R/W LINE RO + l5 R5 10 R5 10 i R5 10 I I I 7 o O a 5 Z Z Y eo s 15 es to Z Rs to Z es to 7 a = g ~ ~ I 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° ceERRUm.RIT15WRE5) OFFICE OF THE COUNTY CLERK RECEIVED ~ , County of Hawaii fima rln%. By Hilo ,Hawaii Data ~./c(,(6/___. Draft 2 Cowry Coundl ROLL CALL VOTE AYES NOES ABS EX Introduced By: Bohby Jean Leithead-Todd Arakaki X Date Introduced February 22, 2001 Chung X First Readng February 22, 2001 Elanonoff X Published N/A Jacobson X Lenhead-Todd X REMARKS Pisicchio X Safank X Tyler X Yagong X 5 0 9 p Second Reading March 9, 2001 ROLL CALL VOTE To Mayor March 75, 2001 AYES NOES ABS EX Returned March 21. 2001 Arakaki X Effective March 21, 2001 Chung X Published p~•, t t t . 2007 Elanonoff X REMARKS Jacobson X Le~thead-Todd X P~sicchio X Safank X Tyler X Vagong X 8 0 1 0 1 DO HEREBYCERTIFY that the foregoing BILL was adopted by the County Council published as indicated above APPROVED AS TO FORM AND LEGALITY: l ~ ' DEPUTY CORPOR ION COUNSEL COUNTY OF~~HAWAII f/ / COUNCIL CHAIRMAN Date 3~J/O/ COUNTY CLERK a I St- d Approved/ sapproved(his ay of M ,zoo t l~~ BiIINo 24 (Draft 2) iLIAYOR, COU.~'TYOFHAWA// Reference C-84.1/PC-8 Ord No ~1 31