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Home My WebLink AboutBIL 360 Draft 01 2002-2004 BILL NO. 360 ORDINANCE NO. AN ORDINANCE 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 RESIDENTIAL- COMMERCIAL MIXED USE (RCX-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-21:30. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. 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 Residential Commercial Mixed Use (RCX-10): Beginning at the southeast corner of this parcel of land, being also along the northwest boundary of Grant 9337 to Goo Fong, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL" being 1,954.36 feet South and 5,424.09 feet East and running by azimuths measured clockwise from True South: 1. 58° 10' 72.05 feet along Parcel 28-B, being portions of Lot 5, Block 63 of the "Waiakea Houselots, 2"a Series and Grant 9337 to Goo Fong; 2. 148° 10' 83.71 feet along Grant 11522 to Hikotaro Ohara and Koshina Ohara; 3. 239° 00' 153.68 feet along the southeasterly side of Mohouli Street; 4. 13° 12' S8" 115.32 feet along Parcel 27, being the remainder of Lot 6, Block 63 of the Waiakea Houselots, 2"~ Series and Grant 9174 to Loo Fat Ahuna -1- to the point of beginning and containing an area of 9,367 square feet, more or less. 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) Necessazy to prevent circumstances which maybe 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 (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. Final Plan Approval shall be secured from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code within five (5) years from the effective date of this ordinance. Plans shall identify all existing and/or proposed structures, paved driveway access and pazking stalls associated with the proposed development. Landscaping shall also be indicated on the plans to mitigate any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). C. All driveway connections to Mohouli Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. -2- D. If required, a drainage study shall be prepared and submitted to the Department of Public Works for review and approval, prior to submittal of plans for Plan Approval review. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. E. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval. A copy of the approved plan shall be submitted to the Planning Deparhnent prior to the issuance of Final Plan Approval. F. Prior to the issuance of a Certificate of Occupancy for the a new office or commercial structure that increases the azea of non residential uses, the applicant shall construct full improvements to the entire frontage along Mohouli Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required relocation of utilities, meeting with the approval of the Department of Public Works. G. Should an improvement district or similar arrangement be initiated in the future for curb, gutter, sidewalk, drainage, sewer, and related improvements to Mohouli Street, the property owner(s) shall automatically participate in such an arrangement. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate azea shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. -3- I. Should the County Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. J. The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development. K. An initial extension of time for the performance of conditions within the ordinance maybe 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, 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 maybe extended for up to one additional yeaz). -4- Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the 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: COUNCIL BE CO TY OF HA `I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: P.E'rEGEi~iCE: Comm. 825 -5- W Lei St. ~ CG-20 RD-7.75 ~ ~ ~ R~-3.75 U RS-10 1--~_ -I. _ L _ r _ - >v RS-f0 ,~1 ~ 3 CG-20 ~ RS-10 ~ RS-10 s _ _R -f0 ~,9 ~ T ~ c - - / _ c. c ~ CG-20 (0 N C I~I ~o - - - RS-f0 ~ - - - ~ RS-f0 RS-f0 CG-7.5 I - ~q _ T ~ ~ M ~io RS-10 ~ RS-10 CG-10 ~ ~ ~ RS-10 CG-20 CG-20 \ -J CG-7.5 CG-7.5 Kinoole St. Kinoole St. RS f0 1,954. 6 S CG-10 y o III 424. 9 E h RS 10 =iv;~~ LA CG-20 - - - = CG-20 ~ ~i~Ei::k:. I -I CG-f0 I I!I'll~:dv II ~ire..,~a9^ -10 Il --I'---~ ~ I'- I 1 ~ fo Rs-fo ~ SI LE-FAMIL ESIDENTIAL IRS-10) J TO SIDENTI •COMMERCIAL II R9-1o 3 1 ED USE CX-10 RD-3.75 ~ - ~ 67 SQ. RS-f0 ~ ~~Q/ RS-10 ~ eG~~ Ululani St. Rs-to % y ~ i~ \ RCX-10 ~ S RD-3.75 RS-f0 RS-10 - - RS~O vo ms o no azo sw uo ioso r••i 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 RESIDENTIAL-COMMERCIAL MIXED USE (RCX-10) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-021:030 Date: July 21, 2004 EXHIBIT "A" (Glen G. Ahuna:1148)