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Home My WebLink AboutORD 2002-017 2000-2002 COLJN'I'~~' OF I-i1~W.I` S°I'1~~`~ O~ I--IA~AI`I SILL NO. 140 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 NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-36:123. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. 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 Neighborhood Commercial (CN-10): Beginning at the northeast corner of this parcel of land and on the south side of Kekuanaoa Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 1803.00 feet South and 10450.00 feet East and running by azimuths measured clockwise from True South: 1. 360° 00' 100.00 feet along Lot 2, Block 29 of Waiakea House Lots; 2. 90° 00' 160.00 feet along Lots B and 3, Block 29 of Waiakea House Lots; 3. 180° 00' 100.00 feet along a portion of Lot 1, Block 29 of Waiakea House Lots and on the south side of Kekuanaoa Avenue; 4. 270° 00' 160.00 feet along the south side of Kekuanaoa Avenue to the point of beginning and containing an area of 16,000 square feet. _ _ All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants shall submit daily water usage calculations and the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone ordinance. C. Construction of the proposed development within the subject property shall be completed within five (5) years from the effective date of this ordinance. Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code. Plans shall identify existing and proposed structures, vehicular traffic, paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. Driveway access to the subject property from Kekuanaoa Street shall meet with the approval of the Department of Public Works. E. The applicants shall construct roadway improvements with concrete curb, gutter and sidewalk, and drainage improvements along the entire subject property's Kekuanaoa Street frontage, meeting with the approval of the Department of Public -2- Works. The applicants shall also install street lights, signs and traffic markings fronting the subject property. All of the roadway improvements to Kekuanaoa Street shall be completed prior to a Certificate of Occupancy. F. The 10-foot future road widening section fronting the entire subject property along Kekuanaoa Street, including the roadway improvements thereon, shall be subdivided and dedicated to the County of Hawaii upon its completion. G. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Environmental Management in conjunction with the submittal of plans for Plan Approval. H. Wastewater disposal shall be connected to the County's sewer system, meeting with the rules and regulations of the Department of Environmental Management. I. Upon compliance with applicable conditions of approval, prior to the establishment or the opening of the proposed development, the applicants shall submit a final status report, in writing, to the Planning Director. J. Comply with all other applicable laws, rules, regulations and requirements of the affected agencies for the development of the subject property. K. Should the 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. -3- 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: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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 may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' 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 Director may initiate rezoning of the area within the subject property 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: /o~O C CIL MEMBER, COUNTY OF HAWAII ' Hilo, Hawaii Date of Introduction: December 19 , 2001 Date of 1st Reading: December 19 , 2001 Date of 2nd Reading: January 9, 2002 Effective Date: January 17 , 20 0 2 APPROVED AS TO FORM AND LEGALITY D>PtII'Y CORPO TI N C SEL DATED: -5- SINGLE FAMILY (RS-10) N TO NEIGHBORHOOD w E COMMERCIAL (CN-10) 1,sos.oo s 10450.00 E AREA = 16,000 Sq. Ft. ~ s RS-f0 RS-10 RS-10 ML-20 CG-20 ML-20 RS-10 RS-10 ML-20 RS-f0 RS-f0 RS 10 RS-10 KEKUANAQA ST. ML-zo RS-10 RS-10 RS-10 CN-10 RS-10 / / RS-10 RS-10 H RS-10 ~ ~ ~ g RS-10 J RS-f0 RS-10 ~ RS-10 -._J 0 400 800 1200 Feet I , AMENDING SECTION 25-~33 (CITY OF'HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 8Y CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIA~EA HOUSELOTS, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT TMK : 2-2-36:123 COUNTY OF HAWAII SEPT. 14, 2001 EXF9IBIT "A" (Maeda) OFFICE OF THE COUNTY CLERK County of I~awaii Hilo ,Hawaii ROLL CALL VOTE Introduced By: Bobby Jean LeitYlead-Todd AYES NOES ABS EX Date Introduced: December 19, 2001 Arakaki X First Reading: December 19, 2001 Chung X Published: N/A Elarionoff X Jacobson X r~ y~ J REMARKS: Leithead-Todd X Pisicchio X ` Safarik X Tyler X ~ _ ' Yagong X _ 8 0 l 0 c s'1 Second Reading: January 9, 2002 ROLL CALL VOTE To Mayor: January 11, 2002 AYES NOES ABS EX Returned: Januar~• 17, 2002 Arakaki X Effective: January 17, 2002 Chung X Published: January 31, 2002 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ' FORM AND LEGALITY: l.~ UNCIL CHAIRMAN DEPUTY C ATIO OUNSEL COUNTY OF HAWAII C'O TY CLERK Date / Bill No.: 140 ~ Reference: C- 4 2 9/ PC- S 0 pprove Drsapprnved this 1 ~ day Ord No.: ~ MAYOR R,'COUNTY OF HAWAII