HomeMy WebLinkAboutORD 1987-119 1984-1988COUNTY OF HAWAII; a: ? .:.STATE OF HAWAII
Bill No. 42s
(Draft 2)
ORDINANCE NO. 87 119
AN ORDINANCE 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 GENERAL COMMERCIAL (CG-20) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-22:13.
BE IT ORDAINED BY THE CQUNCIL 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 General
Commercial (CG-20):
Beginning at the pipe at the North corner of this lot, the
West corner of Lot 7, Block 72, and on the South side of
Road (60 feet wide), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALM " being 2050.37 feet South and 6150.97 feet
East, as shown on Government Survey Registered Map No.
2705, and running by true azimuths:
1. 328° 10' 240.0 feet along Lot 7;
2. 58° 10' 86.0 feet along Lot 15;
3. 148° 10' 240.0 feet along Lot 9;
4. 238° 10' 86.0 feet along South side
of Road (60 feet wide)
to the point of
beginning and
containing
approximately 20,640
square feet, more or
less.
LA/TN
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, successors
or its assigns shall be responsible for complying with all of
the stated conditions of approval; (B) plans for the proposed
development shall be submitted to the Planning Department for
plan approval review within one year from the effective date of
the zone change; (C) construction of the proposed development
shall commence within one year from the date of receipt of
Final Plan Approval and be completed within two years
thereafter; (D) a drainage system shall be installed in
accordance with the requirements of the Department of Public
Works; (E) curbs, gutters, and sidewalks shall be constructed
along the frontage of the subject property in accordance with
the standards of the Department of Public works, in the event
that: a) either of the adjoining property is rezoned for
commercial use and is required to install curbs, gutters and
sidewalks, at which time the applicant shall install the
required improvements concurrently with the adjoining property,
or b) the County Government authorizes an improvement district
for Lanihuli Street, for the purpose of installing curbs,
gutters and sidewalks, whereupon the applicant shall
automatically participate, or c) the County Council demands
that such improvements be immediately installed. The issuance
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of an occupancy permit shall not be subject to the condition
that curbs, gutters and sidewalks be physically in place along
the frontage of the subject property; (F) all other applicable
rules, regulations, and requirements shall be complied with;
(G) an initial extension of time for the performance of
conditions within the ordinance may be granted by the Planning
Director upon the following circumstances: a) 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; b) granting of the time extension would
not be contrary to the general plan or zoning code; c) granting
of the time extension would not be contrary to the original
reasons for the granting of the change of zone; d) 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); and e) if an additional extension of time is
required, the Planning Director shall submit the request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the area
to its original or more appropriate designation.
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SECTION 3. Should the council adopt A Uniform Impact Fees
Ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may be satisfied by performance in accordance with the
requirements of the Uniform Impact Fees Ordinance.
SECTION 4. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 5.
approval.
This ordinance shall take effect upon its
IN'PRODUCED BY:
' •~
COUNCIL MEMBER, COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
November 4, 1987
November 4, 1987
November 18, 1987
November 30, 1987
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AMENDMENT TO THE ZONING CODE
AMENDING 9EGTION ZS-114 (CITY OF' HiLO ZONE
MAP) ARTICLE 3, CHAPT1=t~Z ~S (ZONING coDE~
OF THE HAWAII COUNTY CODE, 8Y cNAN~lNG
THE t~1~T1~ICT CLASSIFICAT1oN F120M SINGLE
FAMfI_.Y T?ESIOEf\tT1AL (RS-10) To Ge°N>=t~AL
COMMEI'2C-f~l_ (C~ -20) AT WAIA1'CEA, SOUTH
HILO, HAWAII_
1°REPARCO BY ° PLANNING pt=PA1RTM~NT
GouNTY of HAWAtI
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