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Home My WebLink AboutORD 2004-104 2002-2004 COUNTY OF HAWAII ~ ~ : STATE OF HAWAII BILL NO. 303 (Draft 2) ORDINANCE NO. U4 104 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 1. Ordinance Nos. 92 91 and 89-50 are amended as follows: "SECTION 1. Section [23-1-k4] 25-8-33, Article [3] 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, Hawai"i, 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 "HALM" 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 1 and containing an area 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-[~44] 2-75 (Zoning Code), plans shall be submitted a minimum of [five] 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 al] of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and (K) ~mrxxxxatm"mr ,.F ti«... C «A.e ..e«C «..e ..F ...la.. AN.:.. al.o fhb e e A 1. 1.,. «e... It ..F ?1. e:« F...d? e..l:..o.,.,o• 3 .,«r:«.. ,.F rl.o r:.«e o..to«..:,,« .,,,1.7 «.,r l.o ..~...t«a«„ r~ t4,o C;o.,o~~l Dl~« AF{}~@~~6HiAg-66~ «r:«R ,.C tl.., ti«.e e..re«..:..« . ,.1.7 «..t l.e «r.~... tl.e ~l T F rl..~ ......«ti ..F rl.e h1..,«..o ..F 7..«0• A\ tl.e r: «.e e..re«..:..« .....,«re.i ..1..,11 l.e F ~ „ «„r r., a ..oo.l rl.o « ...1 e 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 [skell] 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: _ , Q~ CO CIL M ER, OUN Y OF HAS A `1 Hilo ,Hawaii Date of Introduction: August 18, 2004 Date of 1st Reading: August 18, 2004 Date of 2nd Reading: September 1, 2004 Effective Date: September 14, 2004 REFERENCE: Comm. 702.1 4 ~ ~3 _ l 5 _ ti R ^-f e ~ hOrr ' i ~ CLq J -3 a - S+~EC -/i I T • ~ is tic j 0 ~ / / U R 4 •o LONG STREET Sit`10Lt?= R'AMILY eo- RO-3 ~9 RI=~ICC31`tTIAL CRS-io) ea la ao COMMLs lQOIAL (GG-10) ° " ~ ARBA ~ 47 GBO Bm.FT. a U ~3 e Q z3 :e 00 ~~,G- t9 0 co od ~sl•j,, ~co~~o iyn ~~~ae l~Ury~ 6J: , R7 ~e ~ 4 ~s e,a a III 1{/ Of 9e ~ :~1` Via, ~ av+•a J At~•~0 ~ - Y ra~_ie +LLNIVCRSITY RM- ~ R~J~~O KILO IvUR9QRY O Aro ARDORaTUM j G N z ~GO~ ~ 1 ti ~ ~ Q AMENDMENT TO THE ZONING CODE AMENDING SECTION Z5-114 (CITY OF HILO ZONL MAP) ARTICLE GHAPTGIQ 25 (ZONING CODE OF THE HAWAII COUNTY COOS, BY CHANGING Tt-IC DISTRICT CLA°JBIFICATION FROM SINGLE FAMILY RESIDCN- T1Al_ FRB-10) TO GENCFtAL COMMCRCIAL (CG-to) AT INAIA)CEA, :SOUTH HILO, HAWAII. PRGPAREG BY ~ PI_ANNINO OEPARTM ENT COUrvTY op NAWAtI u n ~~I°IiS I Ir, OFFICE OF THE COUNTY CLF,RK County of Hawaii Hilo ,Hawaii t. , ~ 1 Introduced By: Leningrad Elarionoff ROLL CALL VOTE Date Introduced: August 18, 2009 ~ " AYES NOES ABS EX First Reading: August 18, 2004 Arakaki X Published: N/A Chung X Elarionoff X REMARKS- Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 5 2 2 0 Second Reading: September 1, 2004 (Draft 2) To Mayor. September 2,2004 ROLL CALL VOTE Returned: September 14, 2004 AYES NOES ABS EX Effective: September 14 2004 Arakaki X Published: ~ptember 19 2004 Chung X Elarionoff X REMARKS: Holschuh X _ Jacobson X Reynolds X Safarik X Tulang X Tyler X 6 1 2 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by [he County Council published as indicated aFiove. ! ~ APPROVED AS TO ~ FORM AND LEGAL~~~: ? ( IL HAIRMAN v ~'DE UTY CORPORATION COUNSEL COUNTY OF HAWAII C TY CLERK ~ ~ > Date ~3'~~~ c i"'z' ----t-- BiIINo.: 303 (Draft 2) ~ C-702.1/PC-105 pprov~ /Disapproved this I~ day Reference: ~f S or»bo" zo~_. ord: U4 104 . IAYOR, -O 'TY OF HAWAII Ilawar'i (bunty is an Equa( Opportun(ty Provider and 8mp(oyer