HomeMy WebLinkAboutORD 1991-016 1988-1992COUNTY OF HAWAII STATE OI' HAWAII
BILL NO. 3a2
ORDINANCE NO. 91 16
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 2-2-21:31.
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
General Commercial (CG-20):
Beginning at the Galvanized iron pipe at the South corner
of this parcel of Land, being also the West corner of
Parcel "C" and on the Easterly Side of Kinoole Street, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being
2,007.31 feet South and 5,721.70 feet East, and running by
true azimuths measured clockwise from South:
1. 148° 10' 160.00 feet along the Easterly
side of Kinoole Street to
a pipe;
2. 238° 10' 170.00 feet along Lot 11-B to a
pipe;
3. 328° 10' 160.00 feet along Lot 10 and Lot
15 to a pipe;
4. 58° 10' 170.00 feet along Parcel "C" to
the point of beginning and
Containing an area of
27,200 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. This change in district classification is
conditioned upon the following: (A) the applicant, successors
or assigns shall comply with all of the stated conditions of
approval; (B) final plan approval for the development shall be
secured within one year from the effective date of the change
of zone. 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) construction shall
commence within one year from the date of receipt of Final Plan
Approval and be completed within two years thereafter;
(D) access and drainage shall comply with the requirements of
the Department of Public Works; (E) all other applicable laws,
rules, regulations and requirements shall be complied with;
(F) 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 applicants' election, be satisfied by performance in
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accordance with the requirements of the Unified Impact Fees
Ordinance; (G) an annual progress report shall be submitted to
the Planning Director prior to the anniversary date of the
effective date of the change of zone. 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, (H) an 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); 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
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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:
1
COUNC L MEMBER, OUNTY OT HAWAII
Hilo, Hawaii
Date of Introduction: February 6, 1991
Date of 1st Reading: February 6, 1991
Date of 2nd Reading: February 20, 1991
Effective Date: February 22, 1991
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-114 (CtT7' of HiLO ZONE
MAP) ART1Cl._E 3, Ci-iAPTEt~ ~5 ZONING CODE)
OF THE HAYVAIi COlJNT7' CODE B7' CYIANGING
THE DISTRICT CLASSiF1CATlON FROM SINGLE
FAT~1it-'y RESIDENTIAL (RS-to) TO G~'NERA1-
COMMERCtAL (CG-2o) AT WAlA1[EA, SOLTH
HILO, HAWAII.
PREpAREO By ~ PLANNING ocPARTM~NT
COUNTY of I-iA WAIL
TMtt = Z-~-2i ' 31 NOS. 15, 19aJ0
EXHIBIT IIAI~