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Home My WebLink AboutBIL 081 Draft 02 1996-1998 . . " .& ') " COUNTY OF HAWAII STATE OF HAWAII BILL NO. 81 (Draft 2) ORDINANCE NO. 97 92 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 F AMIL Y RESIDENTIAL (RS-I0) TO GENERAL COMMERCIAL (CG-20) AT W AIAKEA, SOUTH HILO, RAW All, COVERED BY TAX MAP KEY 2-2-34:67,68,69, 76, 77, 104 AND 106. 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 General Commercial (CG-20): Beginning at the southwest corner of this parcel of land, being the northwest corner of the remainder of Lot 15, Grant 9225 to Sadawo Sakamoto and on the east side of Hinano Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "RALAI" being 1,663.0 feet south and 9,631.0 feet east, and running by azimuths measured clockwise from true south: 1. 1800 00' 300.00 feet along the east side of Hinano Street; 2. 2700 00' 225.00 feet along Lot 7, Grant 8825 to Fusae Sunata; 3. 1800 00' 100.00 feet along Lot 7, Grant 8825 to Fusae Sunata; 4. 2700 00' 225.00 feet along Lot 6, a portion of Grant 9735 to Fusae Sunata; 5. 3600 00' 315.00 feet along the west side of Laukapu Street; 6. 900 00' 140.00 feet along the remainder of Lot 14; 7. 3600 00' 85.00 feet along the remainder of Lot 14; . . ., ,~ 8. 900 00' 310.00 feet along a portion of Lot 16, Grant 9133 to Theresa Gonsalves and along the remainder of Lot 15, Grant 9225 to Sadawo Sakamoto to the point of beginning and containing an area of 3.34 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof (herein after referred to as "subject property"). 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. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days of the effective date of this change of zone ordinance. C. Final Consolidation Approval of the subject property shall be secured from the Planning Director within one (1) year from the effective date of this ordinance. D. Construction of the proposed development and related improvements within the subject property shall be completed within five (5) years from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director for the commercial development within the subject property. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved and striped parking stalls and driveway and other improvements associated with the proposed uses. Plans shall include a 6-foot wide landscaping buffer along the northern and southern boundaries of the subject property. Plans shall also indicate a 5-foot future road widening strip along the subject property's frontage of Hinano and Laukapu Streets. -2- "I . . ,~ E. The 6-foot wide landscaping buffer along the northern and southern property boundaries shall be in place in conjunction with any construction for any development on the subject property, for the purposes of mitigating any potential adverse noise and visual impacts to adjoining parcels. F. Driveway access( es) to the subject property from Hinano and Laukapu Streets shall meet with the approval of the Department of Public Works. G. Prior to the establishment of any new use or the issuance of a Certificate of Occupancy for any development on the subject property, the applicant shall construct the following roadway improvements to commercial standards along the subject property's Hinano Street frontage from Kekuanaoa Street to the northern boundary of the subject property, meeting with the approval of the Department of Public Works: 1. Construct half-section roadway improvements on Hinano Street's eastern side consisting of a 16-foot wide A.C. pavement with curb, gutter and sidewalk and drainage improvements within a half-section 25-foot wide right-of-way; 2. Construct half-section roadway improvements on Hinano Street's western side consisting ofa IO-foot wide A.C. pavement; and 3. Construct intersection improvements at the intersection of Hinano Street and Kekuanaoa Street which include a minimum turning radius of 40 feet with curb, gutter and sidewalk improvements and A.C. pavement transitions, to accommodate bus movements from Kekuanaoa Street to Hinano Street. -3- "l . . ,. Further, the 5-foot future road ,widening sections fronting the subject property along Hinano Street and Laukapu Street, the Kekuanaoa Street/Hinano Street intersection improvements, and the Hinano Street roadway improvements thereon shall be subdivided and dedicated to the County of Hawaii within five (5) years from the effective date of this ordinance. H. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of plans for Plan Approval. I. Sewer line connections shall be installed meeting with the requirements of the Department of Public Works. J. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings, walls, lava tube or cave systems be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. K. Upon compliance with applicable conditions of approval, prior to the establishment of any new use or the opening of the proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. L. 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 Fee Ordinance. -4- . . " I., M. 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). N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of 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. -5- ~ ~ . . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: June 2, 1997 June 2, 1997 June 18, 1997 July 3, 1997 ~~7d/ , CIL MEMBER, COUNTY OF HAWAII APPROVED AS TO FORM AND LEGALITY ~L- cerull CORPORATION COUNSEL DATED: C(23/f7 , -6- ., , ~ . II CCi - 1.17 CCi-1.1j ML. - 20 I I CCi-1.1j - - - I I I I I I - I : , :c: I \ I I I CCi-1.1j CCi-1.1j I CCi-1.1j ML. -20 I I - I b I I ~ 0 I ~5 - 10 I ~5 - 10 0::: ..., I 115 - 10 I 115 - 10 0 II I-- t- ~U :z "- W WI ~ WI 115 - 10 ~ W .. ::J lr I W WI ML. - 20 :::> '" -0 \ I-- t- I lr lr W 0::: 0 Z (J) ~_J~J1.1j - t- t-, lr ~ en W (J) (J), ML.I- 10 t- > 115 - 10 (f) I <( I-- w I I I ~I I 115 - 10 I 115 - 10 -'I 115 - 10 115 - 10 I I :;:' i-- w z - "== H UALAN I ::J 0:: 1-- FUTURE 50' R/W LINE STREET ~ r- r - ~f - r - - - - w ~ ~I I1S - 10 I Z 0:: ii!' I-- ::J I--- 0 ~, I - I~ I1S - 10 Ll') ::> , 0:: w r: - 0:: ::> f...- a >- ~s - 10 I I <D ::> I1S - 10 ..... - w 1 I a::: ~ ------ ::> , >- ::> , 115 - 10 ..... I - 1 - 00; W//; I 1 1 ,663.0 S I , 1 , 115 - 10 ~o - -9,631.0 ~\ I L - ~ - W~ I I I ~v .. HALAI" I - I 1\ ~ ~ :'iJ U ~s - 10 - - J I J 1 I1Sj. 10 115 10 I I ML. - 20 I I ---" ..... L '-- KEKUANAOA ~ FUTURE 60' R/W LINE STREET ---., r -- -- cT~ r l;s -~o-T ,.... - - --- I I1S 10 115 - 10 I - , I r I I I SINGLE FAMILY _ - RESIDENTIAL (RS-1 0) - I I-- I TO GENERAL - I COMMERCIAL (CG-20) 1 115 - 10 I '-- U <( I AREA: 3.34 ACRES ::J - I I I 1 I <{ W 1 I I :)' 0 ~ 01 I - 01 0..' ~ W - ZI 4:1 Z 0 01 115 - 10 Z, 115 - 10 115 - 10 ZI 4:1 ~I I1S - 10 ~ Z :)1 - <{I Z ~, 4: <( I--- LI II I I ~ ML. - 20 ~ I I , I I - L......... ==J LEILANI STREET F'F Ir T r- ,- ~ Ir r I - ~ Ir ., r T - , r -, r -, 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 GENERAL COMMERCIAL (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 2-2-34:67,68,69,76,77,104 & 106 FEBRUARY 19, 1997 EXHIBIT "Au (BIG ISLAND CANDIES) m