HomeMy WebLinkAboutORD 1988-169 1988-1992~~,yssx N4~ka
COUNTY OF HAWAII ~-~''~,STATE OF HAWAII
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Bilf No.
ORDINANCE NO. ~ 169
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 OFFICE COMMERCIAL (CO-20) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-22:29.
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 Office
Commercial (CO-20):
Beginning at the Southwest corner of this parcel of land,
the Southeast corner of Lot 1-B-2 and along the North side
of Kamana Street, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALAI" being 2,742.47 feet South and
5,946.23 feet East, thence running by azimuths measured
clockwise from True South:
1. 148° 10' 88.00 feet along Lot 1-B-2;
2. 238° 10' 127.00 feet along a 12-feet roadway,
a portion of Lot 1-B-2;
Thence along a curve to the
right with a radius of 10.00
feet, the chord azimuth and
distance being:
3. 283° 10' 14.14 feet;
4. 328° 10' 58.00 feet along the West side of
xinoole street;
624
Thence along a curve to the
right with a radius of 20.00
feet, the chord azimuth and
distance being:
5. 13° 10' 28.28 feet;
6. 58° 10' 117.00 feet along the North side of
Kamana Street to the point of
beginning and containing an
area of 11,949 square feet,
more or less.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. Section 1 of this ordinance shall take effect
forthwith upon the following conditions: (A) the applicant,
successors or assigns shall comply with all of the stated
conditions of approval; (B) plans for the conversion of the
existing building for office use(s), including parking and
landscaping, shall be submitted for Plan Approval within one
year from the effective date of the change of zone; (C) the
propose use shall be established within one year from the
receipt of final plan approval; (D) the driveway from Kinoole
Street shall be for egress only, ingress to the property shall
be only from Kamana Street. Should the applicant desire to use
Kamana Street to ingress and egress the property, approval from
the Department of Public Works is required. Further, a
planting screen easement shall be provided along the Kinoole
Street frontage; (E) a drainage system shall be installed in
accordance with the requirements of the Department of Public
Works; (F) all other applicable laws, rules, regulations and
requirements be complied with; (G) should the council adopt a
Unified Impact Fees ordinance setting forth criteria for the
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imposition of exactions or the assessment of impact fees,
conditions included herein may, at the developer's election, be
satisfied by performance in accordance with the requirements of
the Unified Impact Fees Ordinance; (H) an annual progress
report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the zone change. The
report shall address the status of the development and the
compliance with the conditions of approval. This condition
shall remain in effect until all of the conditions of approval
have been complied with and the Planning Director acknowledges
that further reports are not required; and (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) 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; and 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); and 5) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
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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.
SECTION 3. In the event that any portion of the 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:
~_'
COU CIL MEMB R, CO N Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
November 2, 1988
November 2, 1988
November 16, 1988
November 25, 1988
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-114 (CITY 01= }-iILO ZONC
MAP) AI~T-CLC S, CHAI°TER '25 (ZONING CODC-~
of THE HAWAII COUNTY CODE, ~Y CHANGING
THE OISTI~tOT CLASSl~iCAT10N FROM SINGLC-
FAMILY !?ES1DC-NTIAL ~[~5-10) TO O~~ICC
GOMME)'~C1AL NCO-moo) AT WAIAKCA, SOUTH
HiLA, HAWAII.
PREPARED HY PLANNING DEPARTMENT
GNU NTY OF 1'1 AV`lAll
EXHIBIT IIAI~