HomeMy WebLinkAboutBIL 049 Draft 01 2000-2002 COUNTY OF HAWA~::; , : STATE OF HAWAII
BILL NO. 49
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 FAMII.Y RESIDENTIAL
(RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-2-40:3.
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 Neighborhood Commercial (CN-10):
Beginning at the Southwest corner of this pazcel of land, at the Northeast corner of the
intersection of Kilauea Avenue and Kahaopea Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI" being 9,725.4
feet South and 9,883.0 feet East, thence running by azimuths measured clockwise from
True South:
1. 175° 40' 180.00 feet along the easterly side of
Kilauea Avenue;
2. 265° 40' 242.00 feet along Lot 2, Block 501 of the
Waiakea Homestead House Lots;
3. 355° 40' 180.00 feet along land identified as Tax Map
Key 2-2-40:6 and a jog in the
northerly side of Kahaopea Street;
4. 85° 40' 242.00 feet along the northerly side of
Kahaopea Street to the point of
beginning and containing an Area of
1.000 Acre.
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. Construction of the proposed pazking area and related improvements shall
commence within two (2) yeazs of the effective date of this ordinance.
C. Prior to commencing construction, Final Plan Approval shall be secured from the
Planning Director 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 pazking azea within the subject property. Plans shall
identify paved and striped parking stalls and driveways, landscaping and
maintenance plan, fire protection measures and other improvements associated
with the proposed use. Plans shall also delineate a 10-foot future road widening
strip along the subject property's entire boundary fronting Kilauea Avenue and
Kahaopea Street.
D. Prior to commencing any construction or land alterations, the applicant, its
successors, or assigns shall be responsible to install the construction screen
bazriers for the purposes of mitigating any noise and dust impacts generated from
the project.
E. Construction of the proposed parking azea shall be completed within five (5) years
from the effective date of this ordinance.
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H. Adjustments to the signs and mazkings along Kahaopea Street and Kilauea
Avenue may be necessary. The applicant shall provide all these improvements,
including crosswalks, if warranted, meeting with the approval of the Department
of Public Works, Traffic Division.
I. The applicant shall provide adjustments to the existing Puainako Town Center
driveway and service vehicle entrance meeting with the approval of the
Department of Public Works. Adjustments may consist of, but not be limited to,
driveway widening and sidewalk ADA ramp conformance.
J. The applicant shall provide drainage improvements meeting with the approval of
the Department of Public Works.
K. The three existing service laterals shall be cut and plugged at the main and a new
1 '/,-inch Type "A" service lateral with a 1-inch meter with three units of water
shall be installed as required by the Department of Water Supply. A backflow
preventer (reduced pressure type) shall be installed on the applicant's property just
after the meter. Construction drawings prepazed by an engineer, licensed to
practice in the State of Hawaii, shall be submitted to the Water Department for
their review and approval. In addition, a master landscape water meter agreement
must be submitted to and approved by the Water Boazd.
L. Prior to the establishment of any use other than the proposed pazking azea on the
subject property, the applicant, its successors, or assigns shall be responsible for
the construction of roadway improvements to commercial standazds along the
subject property's Kilauea Avenue frontage, meeting with the approval of the
Department of Public Works. In addition, the applicant, its successors, or assigns
shall be responsible for complying with the requirements as follows:
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1. Wastewater disposal shall meet the rules and regulations of the
Department of Public Works, Wastewater Division.
2. Solid waste management shall conform to the rules and regulations of the
Department of Public Works, Solid Waste Division.
3. The applicant shall improve Kilauea Avenue along the entire frontage
consisting of, but not limited to, pavement widening with concrete curb,
gutter and sidewalk. The applicant shall also provide improvements
within the 10-foot future road widening setback and dedicate it to the
County. Relocate all utilities as necessary. All sidewalk improvements
shall conform to current ADA standazds. The applicant shall install street
lights, signs and mazkings meeting with the approval of the Depaztment of
Public Works.
M. Comply with all applicable rules, regulations and requirements of the affected
agencies for approval of the proposed development.
N. Upon compliance with applicable conditions of approval and prior to the opening
of the proposed development or the establishment of any new use, the applicant
shall submit a final status report, in writing, to the Planning Director
O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towazds the requirements of the Unified Impact
Fees Ordinance.
-5-
P. 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. 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 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 yeaz may be extended for up to one additional yeaz).
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.
Q. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject azea 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.
-6-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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C CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: 18 4
~FEBENC~ Cornm.
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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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 NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-2-40.3 MARCH 15, 2001
EXHIBIT "A" t~O P~ar"~s~