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Home My WebLink AboutORD 2002-049 2000-2002 COt.JNT~' OF W`~I STATE O~ I~AW1~I`I SILL 1010. 178 OIZDINI~NCE 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 GENERAL COMMERCIAL (CG-20) AT WAIAKEA HOUSE LOTS SECOND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-22:005. 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 House Lots Second Series, Waiakea, South Hilo, Hawaii, shall be General Commercial (CG-20): Beginning at a pipe at the East corner of this lot, the South corner of Lot 17, Block 72, and on the North side of Street (60 feet wide), the coordinates of said point of beginning referred to Government Survey Trig. Station "Halai" being 2412.80 feet South and 6477.21 feet East,.as shown on Government Survey Registered Map No. 2705, and running by true azimuths: 1. 58° 10' 86.0 feet along North side of Street (60 feet wide); 2. 148° 10' 240.0 feet along Lot 15, Block 72; 3. 238° 10' 86.0 feet along Lot 7, Block 72; 4. 328° 1 U' 240.0 feet along Lot 17 to the point of beginning. Area 20,640 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 applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. 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 within two (2) years from the effective date of this ordinance. Plans shall identify existing and proposed structures, 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). C. All driveway connections to Kamana Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. D. 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 Department prior to the issuance of Final Plan Approval. E. If required, a drainage study shall be prepared and any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. F. Prior to the issuance of a certificate of occupancy for a new commercial structure, the applicant shall construct full improvements to the entire frontage along Kamana Street consisting of, but not limited to, pavement widening with concrete -2- 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 Kamana Street, the property owner(s) shall participate automatically in such an arrangement. H. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development. I. Should the Hawaii 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. 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, its 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. -3- 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 year). 5. 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. K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject 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: CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: March 20, 2002 Date of 1st Reading: March 20, 2002 Date of 2nd Reading: April 3, 2002 Effective Date: April 10, 2002 ~~~Eh~ ~3 5 2 6 -4- N SINGLE FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (CG-20) E aR~a = zo,sao sy. Ft S CG20 c~2o ~G RS70 CG20 _`\~J~\~~~~~~ cGZO N~m1 RS 70 CG20 RS 10 p CG20 CGp RS 70 863 75 /7Q375 2414.80 S n.21 ~p r~o CG20 Ij RS70 RS 70 RSfO vp O CG20 <~j~ •••••'••~••••~•••••••••••••••5,~e.V`~ 86375 CG75 ~~P~P R6a 75 Rs~o Rsio CG75 RS 10 RS 70 CG20 CG20 0 200 400 600 _ __.....800 Feet Q~ AMENDING SECTION 25-833 (CITY OF KILO ZONE MR~P),ARTICLE 8, CI-~,PTER 25 (ZONING CODE) OF THE I--44WAI1 COUNTY CODES SY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO GENEf~AL COMMERCIAL (CG-20) AT WAIAKEA, SOUTH HI LO, I~-IAWAI I PREPARED PY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK : 2-2-22:005 NOV. 21, 2001 6131T (LEA-1052) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: March 20, 2002 Arakaki X First Reading: March 20, 2002 Chung X Published: N/A Elarionoff X Jacobson X REMARKS• Leithead-Todd X Pisicchio X ° Safarik X ' - Tyler X Yagong X 9 0 0 0 Second Reading: April 3, 2002 ROLL CALL VOT1?. To Mayor: April 5, 2002 AYES NOES ABS EX Returned: April 11, 2002 Arakaki X Effective: April 10, 2002 Chung X Published: April 25, 2002 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO , FORM AND LEGALITY: C NCIL CHAIRMAN ~ ~ ~ DEPUTY O 'ION COUNSEL COUNTY OF I~AWAII COUNTY CLERK Date ~>~--a 178 Bill No.: Reference: C - 52 6 / PC- 6 8 Approv Disapproved this ~ ~ dc~v n' 20 D°Z/ Ord No.: v MA YO~~ R, nUNTY OF HAWAII