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Home My WebLink AboutBIL 106 Draft 02 1998-2000 uJYii 0. .,~i, COUNTY OF HAWAT~ `STATE OF HAWAII o,. ~„~v BILL NO. ~ nF (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, 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 2-2-25:24. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, 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 west corner of this pazcel of land, on the southeasterly side of Lanikaula Street, the coordinates of said point of beginning referred to Govenunent Survey Triangulation Station "HALM" being 3,976.92 feet South and 6,594.90 feet East, thence running by azimuths measured clockwise from True South: 1. 238° 10' 217.00 feet along the southeasterly side of Lanikaula Street; 2. Thence along the south corner of the intersection of Lanikaula Street and Kinoole Street, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 283° 10' 28.28 feet; 3. 328° 10' 153.40 feet along the southwesterly side of Kinoole Street; 4. 58° 10' 237.00 feet along Grant 9391; 5. 148° 10' 173.40 feet along 30-ft. Railroad Right-of--Way (abandoned) to the point of beginning and containing an azea of 41,010 squaze feet. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: Q, The applicant. its successors or assigps shall be responsible for compl~e with all of the stated conditions of approval. ~ The applicant shall submit the anticipated maximum daily water usage calculation and the required water commitment payment to the Department of Water SuRply in accordance with its "Water Commitment Guidelines Policy" within ninety (901 ~vs from the date of Final Plan Approval. ~ Construction of the proposed development and related improvements within the subject property shall be completed within five (S,lyeazs from the effective date of this ordinance. This time period shall include securing Final Plan Approval from the Planning Director in accordance with the Zoning Code Sections 25-2-72 and 25-5-117 and the Planning Department's Rule 17 ( andsc ing Requirements) for the commercial development within the subject property. Plans shall identify Structures. fire protection measures. landscaping and maintenance plan. paved and ctr~ped parking stalls and driveway and other improvements associated with the proposed uses Plans shall include landscgpine alongpropertv boundaries for the numoce of mitieating anx.potential adverse noise and visual impacts to surroundingproperties. ~ Prior to the issuance of the Certificate of Occupancy driveway access and channelization improvements to the Lanikaula/Kinoole Stteet intersection and the pronoGe~ ~*~~~Pwavs shall meet with the gpproval of the Department of Public Works Street lights signs and mazkings shall be installed if required on -2- Kinoole Street and Lanikaula Street meeting with the approval of the Department of Public Works. E. Prior to the issuance of a Certificate of Occupancy for any development on the subject property. the applicant shall provide improvements to the frontage of the abject pronertv along Kinoole Street and Lanikaula Street consisting of. but not limited to. commercial standazd sidewalks sidewalks with no planter stripsl alone the entire frontage of the subject property. meeting with the approval of the Department of Public Works. Sidewalks and an accessible wheelchair ramp at the corner of Kinoole Street and Lanikaula Street shall be provided and meet with the approval of the Commission on Persons with Disabilities and the Department of Public Works. F. A Solid Waste Management Plan shall be submitted for review and approval to the Department of Public Works in coniunction with the submittal of plans for Final Plan Approval. Sewer line connections to the County sewer system chap be installed meeting with the requirements of the Department of Public Works. Prior to the issuance of the Certificate of Occupancy for the proposed [tPVP pment. the applicant shall submit a _final written report to the Plannine Director stating that all conditions have been met I. ~p1y with all other applicable rules regulations and requirements of the affected agencies for the development of the subject plgpertv Should t_he Council adspt a Unified Impact Fee Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees. conditions included -3- herein shall be credited towazds the requirements of the Unified Impact Fee Ordinance. j~, An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the followine circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the annlicants, successors or assiens. and that are not the result of their fault or negjjgence. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Granting of the time extension would not be contrary to the original reasons for the nti of the change of zone. 4, The time extension granted shall be for a period not to exceed the p re iod g~g~X.granted for performance (i.e.. a condition to be performed within one yeaz may be extended for uo to one additional~l j,~ Should anv of the conditions not be met or substantially complied with in a timely fashion the Director may initiate rezoning of the subjgct prop nertXto i 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. -4- RS 10 CN-10 CG-20 ps-I KS-I ~ ~-3.~5 CG-7.5 LONO STREET RS-10 IZS 10 ~ R7-3.75 25-10 ft5-10 CG-10 ~ CG -7.5 ~ 25-10 h 25-10 =O~og 125-10 ti~J~~^ 25-10 ~ ryp F ~ ~ ~ 25-10 25-10 25-10 25-10 i W -------I----- ~ 2 25-10 25-10 CG-20 3 976.92 S Q 6,594.90 E CG - 10 " HALAL" ~ LANIKAULA STREET 25-10 2M-4 25-10 ~''~"I 25-10 25-IO SINGLE FAMILY i o RESIDENTIAL (RS-10) TO GENERAL ;-J W COMMERCIAL (CG-20) ~ 2s - to 0 2s - to Z W AREA: 41,010 SQ. FT. Y a J Z Y g 2s-1o 2M - I RS-10 2M-I O 25-10 - OLONA STREET AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, 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. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-2-25:24 JUNE 10, 1999 EXHIBIT 'A" (ANANA TRUST)