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Home My WebLink AboutBIL 096 Draft 01 2006-2008 MtY os y,~ °u. COUNTY OF HAWAII STATE OF HAWAII h or Hi BILL NO. 96 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS-7.5) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) AT PUNAHOA 2ND, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-035:018. 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 1983 (2005 Edition), is amended to change the district classification ofproperty described hereinafter as follows: The district classification of the following area situated at Punahoa 2°d, South Hilo, Hawaii, shall be Neighborhood Commercial - 10,000 square feet (CN-10): Beginning at the west corner of this parcel of land and on the southeasterly side of Punahele Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 401.48 feet North and 627.55 feet West and running by azimuths measured clockwise from True South: 1. 232° 49' 71.00 feet along the southeasterly side of Punahele Street; 2. 322° 49' 130.00 feet along Lot 7; 3. 52° 49' 71.00 feet along the remainder of L.C. Aw. 387, Part 4, Section 1, A.B.C.AM., R.P. on confirmation number 1946, number 1 to D.B. Lyman; -1- 4. 142° 49' 130.00 feet along Lot 5 to the point of beginning and containing an area of 9,230 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be 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, successors or assigns shall be responsible for complying with all of the stated conditions of approval. (B) The applicant shall secure Final Consolidation Approval of parcels 18 & 42 within one year from the effective date of this ordinance and prior to Final Plan Approval. (C) Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify the paved driveway access and paved parking stalls -2- associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise, odor or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). Landscaping for the side yards and fronting Punahele Street shall comply with the bufferyazd standazd for sepazation of an ML (Limited Industrial) zoned district adjoining a RS (Single-Family Residential) zone in Rule No. 17. (D) The property shall be used for an employee parking ]ot for the adjoining medical facility only. Any changes to the use of the property will require an amendment to the ordinance. (E) There will be no access from Punahele Street except for emergencies. (F) Any emergency vehicular security gate shall be in a location approved by the Department of Public Works. (G) The applicant shall provide a 10-foot future road widening setback along Punahele Street fronting the subject property. (H) All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed, meeting the approval of the Department of Public Works. (I) All earthwork activity shall conform to Chapter 1 Q Erosion and Sedimentation Control, of the Hawaii County Code. -3- (J) Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. (K) The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. (L) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. (M) 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 Genera] Plan or Zoning Code. -4- 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 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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: N 1 COUNCIL MEM R, COUNTY OF ~ WAI`I ,Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5- REFERENCE: Comm: 376 Rsrs ~ 4' rs Rs-rs Rs-Ts NOia RS-.5 ~ 0 1ST NaLN ST R 7.5 5 r5 OPEN N RS-r.5 LE FAMILY a~N ~s-75 SIDENTU1l-T, . (RS-7.5) ~-r5 TO NEIGHBORHOOD H9~sr Rs-TS CO RCIAL-10000 S4 FT. 10 rs 9,.230 SQ. FT. orEN RS-r5 CN-f0 CN10 RS-r5 ~ I01.48N ~ RS-r5 CN-f0 8T7.55 W ~ ~ „NALAI~ c woNONUwar~ x 5 RS-T.5 CN10 3~ KOMONANa ST C f0 •r3 IS RSIS z 3 rRaECr asrwcr .s 73 RS-r.5 240 720 0 240 480 720 960 1.2~D~t 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL-7,500 SQ. FT. (RS-7.5) TO NEIGHBORHOOD COMMERCIAL-10,000 SQ. FT. (CN-10) AT PUNAHOA 2nd, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 2-3.035:018 Date: January 23,2007 EXHIBIT "A" (Association of Apartrnent Owners of Punahele Professional Building:1224)