HomeMy WebLinkAboutBIL 303 Draft 02 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
.
BILL NO. 303
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 92 91 WHICH AMENDED ORDINANCE
NO. 89-50, WHICH RECLASSIFIED 47,680 SQUARE FEET OF LAND FROM SINGLE
FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-10) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-28:29.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Ordinance Nos. 92 91 and 89-50 are amended as follows:
"SECTION 1. Section [~3--1-1.4] 25-8-33, Article [3] 8, Chapter 25 (Zoning Code) of the
Hawai°i 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-10):
Beginning at a point at the southwest corner of this parcel of land and on the easterly side
of Kilauea Avenue, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 3,225.31 feet South and 7,301.99 feet East
and running by azimuths measured clockwise from True South:
1. 160° 06' 176.60 feet along easterly side of Kilauea Avenue;
2. 251° 31' 272.48 feet along the remainder of Grant 4777 to
T. Clive Davies;
3. 345° 02' 184.03 feet along Lot 5 and Lot 3, being a
subdivision of remainder of Grant 4777
to T. Clive Davies;
4. 73° 06' 30" 256.93 feet along the remainder of Grant 4777
to T. Clive Davies to the point of beginning
t
and containing an azea of 47, 680 Square
Feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. These changes in district classification are conditioned upon the
following:
(A) the applicant, successors, or assigns shall be responsible for complying with all of
the stated conditions of approval;
(B) the applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment Policy"
within ninety days from the effective date of the change of zone ordinance;
(C) Final Plan Approval shall be secured within one year from the effective date of
this new amendment. To assure adequate time for plan approval review and in
accordance with Chapter 25-[244] 2-75 (Zoning Code), plans shall be submitted a
minimum of [€erty-frve] thirty days prior to the date by which plan approval must
be secured;
(D) construction shall commence within one year from the date of receipt of Final
Plan Approval and be completed within two years thereafter;
(E) access shall meet with the approval of the Department of Public Works. The
sidewalk fronting the subject property along Kilauea Avenue shall be
reconstructed in a manner meeting with the Department of Public Works prior to
the issuance of any occupancy permit or Final Subdivision Approval, whichever
comes first;
(F) a ten-foot wide road widening strip along Kilauea Avenue shall be delineated on
the plans submitted for subdivision and for plan approval review. No structural
improvements shall be allowed within this road widening strip, provided however,
2
any required landscaping may be permitted within this strip. Further, applicable
setbacks shall be taken from the 10-foot future road widening strip line;
(G) a drainage system shall be installed in accordance with the requirements of the
Department of Public Works;
(H) all applicable County and State laws, rules, regulations and requirements shall be
complied with;
(I) 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 may, at the developer's election, be satisfied by performance in accordance
with the requirements of the Unified Impact Fees Ordinance;
(J) an annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of zone change. The report shall address the
status of the development and the compliance with the conditions of approval.
This 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; and
(K) ~
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3~] 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.
Further, should any of the conditions not be met or substantially complied with in
a timely fashion, the Director [ske~I] may initiate rezoning of the azea to its
original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
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: ,
r
CO CIL M ER, OUN Y OF HA A `I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comro. 702.1
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION '25-It4 (CITY OF HILO ZONL MAP)
ARTICLE S, CHAPTCIQ ~5 (ZONING CODE OF THC
HAWAII COUNTY COOL, BY CHANGING TT-IC DISTRICT
CLA95IPICATION Fi?OM 81IVGLC FAMILY RESIDCN-
TiAL CR5-10~ TO GCNCRAI_ COMMCRCIAL (CG-10)
AT WAIAI~EA, SOUTH HILOr HAWAII.
PRHPARED BY _ PLANNING DCpA RTM eNT
COUNTY Op HAWAII
TMh[= '~-~-~8 = DEC. 7. I°,B8
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