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Home My WebLink AboutBIL 177 Draft 01 2000-2002 couN~ o~ ~z~ s~~TE o~ SILL NO. 17 7 OI~INIINCL 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-20) AT WAIAKEA HOUSE LOTS SECOND SERIES, WAIAKEA, SOUTH HILO, IIAWAII, COVERED BY TAX MAP KEY 2-2-22:006. 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 House Lots Second Series, Waiakea, South Hilo, Hawaii, shall be General Commercial (CG-20): Beginning at a pipe at the east corner of this lot, the south corner of Lot 16, Block 72, and on the norkh side of Road (60 feet wide), the coordinates of said paint of beginning refeY-red to Government Survey Trig. Station "HALM", being 2458.16 feet south: and 6404.1 S feet east, as shown on Government Survey Registered Map No. 2705, and running by true azimuths: 1. 58° 10' 86.0 feet along north side of Road (60 feet wide); 2. 148° 10' 240.0 feet along Lot 14; 3. 238° 10' 86.0 feet along Lot 8; 4. 328" 10' 240.0 feet along Lot 16 to the point of beginning containing an area of 20,640 square feet, more or less. 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 applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 13. Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code within two (2) years from the effective date of this ordinance. Plans shall identify existing and proposed structures, paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). C. All driveway connections to Kamana Street shall conform to Chapter 22, Streets and Sidewalks, of the I~awaii County Code. D. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. E. If required, a drainage study shall be prepared and any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. F. Prior to the issuance of a certificate of occupancy for a new commercial structure, the applicant shall construct full improvements to the entire frontage along Kamana Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required relocation of utilities, meeting with the approval of the Department of Public Works. -2- G. Should an improvement district or similar arrangement be initiated in the future for curb, gutter, sidewalk, drainage, sewer and related improvements to Kamana Street, the property owner(s) shall participate automatically in such an arrangement. H. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development. I. Should the Hawaii County 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. J. 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 applicant, its 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 -3- originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 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. K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area 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 This ordinance shall take effect upon its approval. INTRODUCED BY: C ~ UNCIL MEMBER, COUNTY OF HR~VAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- N SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-20) E Af2FJ~ = 20,640 Sq. Ft. S c~zo ~ cc p ~ RS70 ~G ~Rl Rs/o ~~\~v~'~y ~2n Nam m~ CGZO RS 70 CG2Li CGZO x'20 RS 70 RD3 75 RSfO RB]75 ~p 2458.16 6404.15E CGZO RS70 RS 10 RS 10 /jA GG20 YOp Pg'~~~~~ Ro-a ~ r~~ s ~ Raa >s °S 70 RS70 ~7 5 RS70 RS 70 CG20 CG10 0 i{!{J °9il1/ OW iW 1ARIIIfIgW!!!?~OW6 J ~f,~tR~at~M1~vt~vPlP ~RIfRIRROOm11RItAfIIASfAMn AMEN®ING SECTION 23"33 (CITY OF FiILO ~ON~ MAP) ARTICLE 3, C{~APT~I~ ~5 (~OIVING CODS) OF TI~I~ F~PAWAII COUNTY CODE, SY CII-IAANGING TI•-IE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS~10) TO GENERAL COIV~ioi~RCIAL (CG-20) AT WAIA~CF~, SOUTH HILO, F-IAWAII PREPARED ~Y: PL.ANNING DEPARTTIO~NT COUNTY OF F-IAWPJI TMK : 2-2-22:006 NOV. 13, 2001 (Brandek-1051)