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Home My WebLink AboutBIL 088 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. __88 OKDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO 'LONE 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, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-24a 2. 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-20): Beginning at a point at the northeast corner of this parcel of land, being also the southeast corner of Lot 7, Block 92, Grant 9442 to Juichi Fukumoto and the westerly side of Kilauea Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 2,970.80 feet south and 7,145.85 feet east and running by azimuths measured clockwise from true south: 1. 340° 06' 85.85 feet along the west side of Kilauea Street; 2. 58° 10' 274.00 feet along Lot 5, Grant 9049 to John D. Souza; 3. 148° 10' 84.00 feet along Lot 9, portion of Grant 9872 to Henry K. Martin; 4. 238" 10' 291.75 feet along Lot 7, Grant 9442 to Juichi Fukumoto to the point of beginning and containing an area of 23,761 square feet. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially de]eterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit daily water usage calculations and the required water commitment payment to the Department of Water Supply in accordance with its "Water Cormnitment Policy" within 90 days from the effective date of this ordinance. C. Construction of the proposed development 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 in accordance with the Zoning Code. Plans shall identify existing and proposed structures, fire protection measures, paved driveway and parking stalls and other improvements associated with the proposed use. A continuous landscape buffer shall be provided along the entire west property boundary. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise -2- or visual impacts to adjoining parcels. The landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. The 10-foot wide future road widening strip along Kilauea Avenue shall be delineated on the plans submitted for Plan Approval review. No structural improvements shall be allowed within this road widening strip, provided however, that any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the l0 foot future road widening strip line. E. The driveway connection to Kilauea Avenue shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. The applicant shall connect to the existing County sewer lateral within Kilauea Avenue. G. The applicant shall prepare and submit a drainage report to the Department of Public Works prior to the issuance of Final Plan Approval. Any required drainage system shall be constructed meeting with the approval of the Department of Public Works. H. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development, including the Department of Water Supply and Department of Public Works. -3- I. Should the Hawaii County Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact tees, 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 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. -4- K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CO CIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFcRENGE: Comm. 94 - -5- cv-zo S~. ~ cc-~ s o\a5t. ~o-s.~s aoa RD-sus ce-~s d \``O~ cc-is Rs-lo ,~ac° c~ N Izs- I o cc-~. s m RS.IG1 cG-7.5 E R5- 10 RD-3-75 2,970.80 S 7145.85E s co-7.5 "HALM"~, Ps- I o SINGLE-FAMILY RESIDENTIAL (RS-10) TO Izo-s. is GENERAL COMMERCIAL CG-20 AREA = 23,761 SO. FT. RS- I i) ~ RD-3.75 KS- I O KS- I O RS- I O PS- I O OAS` CG 20 CG-7.5 CG-ZO ~ y~ RS- 1 0 , V-~ ~ y CG I O R,5 1 0 t f RS-10 RS-1 0 - C6-20 CG-10 ~ ~ R9-10 RS-10 RS- I O RS-10 CG-10 RS- 1 0 CG 20 ce- I o W. Lanikaula St. Ps-lo Izs-lo J\as~. rzs. I c a Rs I o ~ar~ d 7p A~ OPEN P~_ I O oP RS- I O KS I O 9 RS-10 M.4 m 300 150 0 300 600 900 Feet 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-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 2-2-024.012 Date: February 7, 2003 EXHIBIT "A" (FHB, Brilhante:1 o95)