The URL can be used to link to this page

Home My WebLink AboutORD 1997-004 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 364 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (LONTNG CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL, (RS-] 0) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-38:26. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114. Article 3, 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 West comer of this parcel of land, also being the South corner of Grant 10688 to Takashi Nakamoto, the North corner of Grant 8122 to Ramon Kimonez. the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 5,285.7 feet South and 8,034.7 feet East, and running by azimuths measured clockwise from true South: 1. 238° 10' 242.00 feet along Grant 10688 to'Cakashi Nakamoto; 2. 328° ] 0' 180.00 feet along the Southwest side of Kilauea Street; 3. 58° 10' 242.00 feet along Grant 11295 to David Hewahewa, Jr.; 4. 148° 10' 180.00 feet along Grant 8122 to Ramon Kimonez to the point of beginning and containing an area of one (1) acre. All as shown on the map attached hereto, marked F,xhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s) shall submit daily water usage calculations and the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Policy" within 90 days from the effective date of this ordinance. C. Construction of the proposed commercial development shall be completed within five (5) years from the effective date of this ordinance. Prior to the start of construction, Final Plan Approval for the proposed commercial development and related improvements shall be secured from the Planning Director. Plans shall identify structures, fire protection measures, paved parking stalls and paved driveway and other improvements associated with the proposed use. Plans shall include a 6-foot wide landscaping buffer along the perimeter of all the property boundaries, for the purpose of mitigating any potential adverse noise and visual impacts to adjoining parcels. Plans shall also indicate a 10-foot future road widening setback along the Kilauea Avenue frontage. -2- D. Driveway access(es) to the subject property from Kilauea Avenue shall meet with the approval of the Department of Public Works. E. Roadway improvements along the entire Kilauea Avenue frontage shall include the reconstruction of concrete curb, gutter and sidewalk in a manner meeting with the approval of the Department of Public Works, prior to the establishment of any new use or the issuance of a certificate of occupancy for any portion of the proposed commercial development. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works. G. 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 tinal status report, in writing, to the Planning Director. H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. I. 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. 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. -3- 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 he performed within one year may be extended for up to one additional year). J. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall 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 ME BER, C Y OF HAWAII Hilo, Hawaii Date of Introduction: December 18, 1996 Date of 1st Reading: Decanber 18, 1996 Date of 2nd Reading: January 8 , 1997 Effective Date: January 20, 1997 PS~AS T ORM AND LEGALITY DEPUTY CORPORATION COUNSEL DA"I'ED: REFERENCE: Comm. 1441 _q_ i "~tiF s <e ~q ~ \ ` Rs-,o >r« ~ W Nureery ~ W ~ O W w X02 ~ R s- 1 0 Q `rP RS - IO RS - 10 g GN-10 CN-20 2M-1.5 R5-10 E KAWILI _ STREET Rs - to T SINGLE FAMILY RESIDENTIAL (RS-1 0) Rs - to ~ _ TO NEIGHBORHOOD o~~~~ Rs - l0 5,285.7 s COMMERCIAL (CN- 1 0) _ 8,034.7 E °HALAi'~ zae° io" AREA: 1 .000 ACRES za2oo ~ oo - ao -o ° m~ °m °m R s - 1 0 a- 58° 10' 242.00 Nawa// RS - 10 Commun/ty _ i College ML - 20 Rs-10 RM - k ~ _ I Rs - IO RS -,10 RS-10 w ~ o ~ ~ ~ _g ~ y ~ RS-10 ~ X 10 ~i i ~ 1 OHEA STREET ML - ZO I ~ ~ ~ ~ ML I AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, 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. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-2-?8:26 GOTC6ER 3, '~46E EXHIBIT A' (eEm-or.ora) _ OFFICE OF THE COUI~rTY CLERK County of Hawaii Hilo Hawaii ' ; ; J7r~ ~1 c~7 a as _ ROLL CALL VOTL• , L' 0. i i . ~ . , i j ; ~X, NOES ABS EX Introduced By: Takashi Daningo - Arakaki X Datelntroduced: December 18, 1996 Chuno First Reading: _ I?t'-certtber 18, 1996 - x - - Published: _N A Leithead-Todd X _ _ Ray X REMARKS: Reynolds X Santangelo X - Smith _ X Tyler x _ - Ya ono X _ - 8 0 1 ~ 0 ROLL CALL VOTE Second Reading: January 8, 1997 - AYES NOES ABS- EX To Mayor: January 9, 1997 Januar 21, 1997 Arakaki I Returned: y Effective January 20, 1997 - - Chung X _ r~ _ Published January 28, 1997 Leithead-Todd X Ray X REMARKS: Reynolds X - Santangelo g _ Smith X T ler X - Ya on _ X ~ II 1 ---L - 9 ~ 0 0 0 I DO HEREBY CERTIFY that fhe foregoing BILL was adopted by the County Council and published as indicated above. C() IL CFL97RMAN ~~n..~Z COUNTY CLERK Ayprnvcd/Ieved this _ Z ~ day o f 19~. OR, CO OFHA~ Bill No.: _ 364 Reference: C-1441/PC-174 Ord. No.: