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Home My WebLink AboutBIL 088 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. uR (Draft 2) ORDINANCE NO. AN ORDINANCE. AME{NDING SE?C"PION 25-8-33 (C['1~Y OF IIILO /_ON[. MAP), AR~IICLE 8. CFIAPTER 25 (I,ONING CODE) Oh' THE I IAWACI COUNTY CODE. BY CFIANGING TI IE DISTRICT CLASSIFICATION PROM SINGLGI'AMILY RI?SIDENTIAI, (RS-10) TO GENERAL COMMERCIAL (CG-20) A~I' WA[AKEA, SOUTH HILO, HAWAII. COVERIiD BY 7'AX MAP KEY 2-2-24:12. BI? I'f ORDAINED BY THE; COUNCII. OP 1~HE COUN"fY OF I[AWAI'I: SI?C'1'ION L Section 25-8-33, Article 8. Chapter 25 (zoning Code) of the Hawaii County Code, is amended to change the district classifcation of property described hereinafter as follows: I~he district classification of the following area situated at Waiakea. South Hilo_ Hawaii, shall he General Commercial (CG-20): Beginning ai a point at the northeast corner of this parcel of land, being also the southeast corner of I.ot 7, Block 92. Grant 9442 to .luichi Fukumoto and the. westerly side of Kilauea Strect_ the coordinates of said point of beginning referred to Goecrnment Survey Triangulation Station "Halal" being 2,970.80 feet south and 7J 45.85 feel cast and running by azimuths measured clockwise from true south: 1. 340° 06' 85.85 leet along the wut side of Kilauea Street; 2. 58" 10' 274.00 feet along Lot 5. Grant 9049 to John D. Souza; 3. 148° 10' 8x.00 leet along Lot 9, portion of Grunt 9872 to Henry K. Martin; 4. 238° 10' 291 J5 Icet along Lot 7. Grant 9442 to .luichi Fukumoto to the point of beginning and containing an area of 23,761 square feet. All as shown on the map attached hereto, marked kixhibit "A" and by reference -I- made a part hereof. SEC"IION 2. In accordance with Section 25-2-d4, Hawai'i County ('ode, the County Council finds the following conditions arc: (I) Necessary to prevent circumstances which may he 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 deleterious effects of the proposed use, or (H) Fulfillment of the need for public service demands created by the proposed use. A. hhc applicant. its successors or assigns shall be responsible ibr complying with all of the stated conditions of approval. T3. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Polic}° to the Department of Water Supply within 90 days from the efiective date of this ordinance. C The applicant shall install a backflow preventer (reduced pressure type) meeting with the approval of the Department of Water Supply prior to the issuance of the certiticate of occupancy. D. Construction of the proposed development shall be completed within five years from the effective date of this ordinance. Final Plan Approval by the Planning Director in accordance with the "Zoning ('ode shall he secured by the applicant prior to the commencement ofconstructiun. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate am~ potartial ad~~ersc noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). A continuous landscape butter shall he provided along the entire west property boundary. F.. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval copy of the approved plan shall be submitted to the Planning Department prior to the issuance of Linal Plan Approval. F. 1'he 10-foot wide future road widening strip along Kilauea Avenue :;hall be delineated on the plans submitted for Plan Approval review. No structural improvements shall he allowed within this road widening strip, provided however, that any required landscaping may be permitted within this strip. Further, applicahle setbacks shall he taken fmm the 10-foot future road widening strip line. G. The driveway connection to Kilauea Avenue shall conform to Chapter ?2, Streets and Sidewalks, ofthe Hawaii County Code. H. 'the applicant shall connect to the existing County sewer lateral within KYlauea Avenue prior to the issuance of a certilicatc of occupancy. I. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvcmcuts shall he constructed meeting with the -3- approval of the Department of Public Works prior to the issuance of a certificate of occupancy. J. fhe 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. K. Should the I Iawai'i County Council adopt a Unitied hmpact Fees Or~dinancc setting forth criteria for imposition of exactions or the assessment of impact tees. conditions included herein shall be credited towards the requirements of the [Inified 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: l . I~he 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 arc not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the (icneral Plan or Zoning Code. 3. (iran~ing of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. I~hc 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 ~ ear may he extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Manning Director shall submit the applicant's request to the County Council for appropriate action. M. 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. SE?C'fION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other pans ofthis ordinance. SEC"LION 4. "phis ordinance shall take effect upon its approval. IN'CRODliC1:D BY: ~ i C iCt l~- cL / l COrJNC[L MEMBER, COUN'1~Y ( ' l1AWnl'I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Gomm. Y194__~_.___ -5- ce.zo cc-7 s a~aoas~ Ro-3 7s cca. ; ` Kobo\astc v ras.7s Rs- i o Rs-10 d CG-7.5 N .G m KS-IO CG-ZS W E RS-10 ~o ~~7'' 2,970.805 7145.85E s cc 7.s "HALM"~ ~ ° SINGLE-FAMILY RESIDENTIAL (RS•10) TO r<o-s. 7s GENERAL COMMERCIAL CG•20 AREA = 23,761 SQ. FT. -o RD-3.7s KS-10 RS-10 RS-10 PS- I O S~. cc zo ce-7.5 ~o ~°o~ o W~ y w- i o Rs- i o s~ m rzs- i o KS-10 CG-20 cG-10 R5 IO RS-10 KS- I O Rs-Ip CG-10 RS-10 CG20 c i o W. Lanikaula St. es-io izs- i o aJ\ast. Rs i o izs i o ~,aa`F d ~o m OPEN o, d RS-10 ~ RS-10 RS-10 9 KS- 10 dj 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:1085)