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Home My WebLink AboutBIL 088 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. uR (Draft 3) ORDINANCE NO. AN ORDINANCE AMI?NDING SECTION 25-8-33 (CITY OI' HILO ZONE MAP). AK"I ICLE A. CHAPTER 25 (ZONING CODE) OF' fHE HAW'AI'I COUNTY CODE{. BY CHANGING TI IE D[STR[CT CI,ASSIPICA'fI01~ 1 ROM SINGLE-FAMILY RESID[?N'f1AL IRS-10) TO GF;NERnf. COMMERCInL (CG-20) AI~ WAIAKEA. SOUTH HILO. HAWAII. COVERED BY TAX MAP KEY 2-2-2I:12. B[? IT ORDAINED BY THE. COUNCII. OF THE COl iNTY OF I IAWAI'I: SECTION I . Section 25-8->>, nrtide 8, Chapter 25 ("Coning Code) of the Hawaii County ('ode, is amended to change the district classification of propert~~ described hereinafter as follows: l~he district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Commercial (CG-20): Beginning at a point at die northeast corner of this parcel of land, being also the southeast corner of Lot 7. Block 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 "Halm" being 2.970.80 feet south and 7.145.R5 feet cast and running by azimuths measured clockwise from true south: 1 . 340" Ob' 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 Henrv K. Martin; 4. 238° 10' 391 JS feet along Lot 7. Grant 9442 to Juichi Fukumoto to the point of beginning and containing an area of 23J61 square feet. All as shown on the map attached hereto. marked f?xhibit "A" and by reference -1- made a part hereof. SECTION 2. [n accordance with Section 25-2-44. Hawaii Counri~ ('ode, the County Council finds the following conditions are: (I) Necessary to prevent circumstances which may he adverse to the public health, safety and welfarr, 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 eflccts of the proposed use. or (I3) Fulfillment of the need for public service demands created by the proposed use. A. fhe applicant, its successors or assigns shall he responsible Ibr complying with all of the stated condition, of approval. B. Prior to the issuance of a water commitment by the Department of Water Suppl}~, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water conunitment deposit in accordance with the "Water CommiUnent Guidelines Policy" to the Department of Water Supply within 90 days from the effective date of this ordinance. C The applicant shall install a backllow preventcr (reduced pressure type) meeting with the approval of the Department of Water Supply prior to the issuance of the certificateoi occupancy. D. Construction of the proposed development shall be completed within five years from the effective date of this ordinance. Final Plan Appro~°al by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the cx~mmencement of construction. Development plans shall identity 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 any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Departments Rule No. 17 (Landscaping Requirements). A continuous landscape butler shall be provided along the entire west property boundary. E. A Solid Waste Management Plan shall be submitted to the Deparunent of Environmental Management for review and approval. A copy of the appro~ ed plan shall be submitted to the Planning Department prior to the issuance of Final Plan Appro~ al. P. The 10-foot wide futm~e road widening strip along Kilauea Avenue shall be delineated on the plans submitted for Plan Approval re~~iew. No structural improvements shall be allowed within this road widening strip, provided however. that any required landscaping may he permitted within this strip. Further. applicable setbacks shall be taken from the 10-toot future road widening strip line. G. The driveway connection to Kilauea Avenue shall conform to Chapter 33. Streets and Sidewalks, of the 13awai'i County Code. H. 'the applicant shall connect to the existing County sewer Isteral within Kilauea Avenue prior to the issuance of a certificate of occupancy. I. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. .A drainage stud} shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements shall be constructed meeting with the -3- approval of the Department of Public Works prior to the issuance of a certificate of occupancy. J. The applicant shall comply with all applicable laws, rules, regulations and requirements of at~tected agencies for approval of the proposed development. including the Department of Water Supply and Department of Puhlic Works. K. Should the I iawai'i ('ounty Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact lees. conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to. the status of the development and to what extent the conditions of approval are being complied with. 'Chic condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. M. An initial extension oftime for the performance of conditions within the ordinance may- he granted by the Planning Director upon the following circutnstanccs: 1. The non-performance is the result of conditions that could not have been foreseen or arc beyond the control of the applicant_ its successors or assigns. and that arc not the result of their lault or negligence. 2. Granting of the time extension would not he contrary to the General Plan or Toning Codc. 3. Granting of the time extension would not he contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall he for a period not to exceed the period originally granted for performance (i.c., a condition to be performed within one near 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 applicants request to the County Council for appropriate action. N. Should any of the conditions not be met or substantialk 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 ofthis ordinance is declared im~alid. such invalidity shall not affect the other parts of this ordinance. SEC'f10N 4. This ordinance shall take effect upon its approval. IN'fRODl!CI?D BY: C'O[9NCIL MEMBER, COUNTY OF HtAWt~l`I . Hawaii Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: F«i'~«t'fdCc: Comm. 194.3 -5- CG-7.5 co-zo~oaS~ RD-s.7s CG_7 d Y,oboAasco-7.s ~-3 7s rzs-lo ~a~ rzs-IO w ccas ~ m v- i o c~ 7_s w B rzs- I o ~-3 7`' 2,970.80 S s 7145.A5 E cca.s "HALAI"~ R`' I ° SINGLE•FAMILY RESIDENTIAL (RS•10) TO RD-s.,s GENERAL COMMERCIAL CG-20 AREA = 23,761 SQ. FT. ~;-I., RD-3.75 RS- I O KS-1 0 IZS-10 PS- 10 CG 20 aS~' cc-7.s r cc-2n ~o ~ ~ d~ KS-.O W~, ~ CG-10 RS-IO tP, m Rs- I O 23 I O CG-20 CG I O R.`~- I O RS-IO RS-10 RS- I O CG- I O RS- I 0 C6-20 c~ I o W. Lanikaula St. rzs- i o Izs- i o ~~~~St• rt5- I o ~0 3~• d o~eN RS-IO ~0 RS-10 Ks 10 Pu-ICJ f 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)