HomeMy WebLinkAboutORD 1990-038 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 18 $
(Draft 2)
ORDINANCE NO. 90 38
AN ORDINANCE AMENDIPdG 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 2-2-22:23.
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 a pipe in concrete at the northeasterly
corner of this parcel of land and on the southeast side of
Lanihuli Street, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALM " being 2272.96 feet South and 5792.45 feet
East and running by azimuths measured clockwise from True
South:
1. Following along Lanihuli Street, along a curve to the
right having a radius of
20.00 feet, the chord azimuth
and distance being:
283° 10' 28.28 feet;
2. 328° 10' 60.00 feet along the southwest side
of Kinoole Street;
3. 58° 10' 237.00 feet along the remainder of
Grant 8836 to Mrs. Marie F.
Soares (Lot 5, Block 73 of
Waiakea House Lots, Second
Series);
LA/TN
4. 148° 10' 80.00 feet along Grant 5-15102 to
Hawaii Housing Authority;
5. 238° 10' 217.00 feet along the southeast side
of Lanihuli Street to the
point of beginning and
containing an area of
18,874 Square Feet.
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 assigns shall be responsible for complying with all of the
stated conditions of approval; (B) Final Plan Approval for the
proposed office renovation and related improvements shall be
secured within one year from the effective date of this
Ordinance. To assure adequate time for plan approval review
and in accordance with Chapter 25-244 (Zoning Code), plans
shall be submitted a minimum of forty-five days prior to the
date by which plan approval must be secured; (C) A certificate
of occupancy for the proposed office shall be secured within
one year from the receipt of Final Plan Approval; (D) Lanihuli
Street shall be paved from Kinoole Street to the western edge
of the driveway access leading to the property or 125 feet from
the Kinoole Street intersection, whichever is greater. Curbs,
gutters, and sidewalks shall be constructed along the frontage
of the property from Kinoole Street to the end of the required
pavement. These improvements shall be constructed in
accordance with the approval of the Department of Public Works
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prior to the issuance of a certificate of occupancy. Further,
should the adjacent property to the north identified by
TMK: 2-2-21:43 be similarly rezoned, the applicant shall then
construct curbs, gutters, and sidewalks along the remainder of
the property's frontage with Lanihuli Street; (E) No direct
access to Kinoole Street shall be permitted; (F) All applicable
County and State laws, rules, regulations and requirements
shall be complied with; (G) 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 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 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 applicant, successors or assigns, and that
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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
County Council for appropriate action. Further, 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:
COU IL MEMBER COUNTY OF AWAII
Hilo, Hawaii
Date of Introduction: March 23, 1990
Date of 1st Reading: March 23, 1990
Date of 2nd Reading: April 4, 1990
Effective Date: .April 12, 1990
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AMENDMENT TO THE ZONING CODE
AMENDING SEGT1oN ~5-114 ~CiTY OF H1L0 ZONE MAP)
AIQTICLC- 3, CHAPTER 25 (ZONING CGDC--) OF THE
HAWAII COUNT? CODE, B7' CHANC3ING THC
l'~ISTRICT CLAS`31FICATION FROM 31NGLC FAM1~-Y
RESIDENTIAL (RS-10) To OFFICE COMMEF?CIAL.
(GO-~.O) AT WAIAI'CEA, SOUTH Hit_O, HAWAII.
pIQEpARE~ BY = PLANNING pEPARTiv1ENT
OOU NTY OF HAWAfI
~TMK = 2-Z-~2 = 23
,~u~- z, 1°~8°~
EXHIBIT IIA~1
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