HomeMy WebLinkAboutORD 1989-033 1988-1992Np�ov'." iVd
COUNTY OF HAWAIV' -. .STATE OF HAWAII
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Bill No.
ORDINANCE NO.
89 33
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 NEIGHBORHOOD COMMERCIAL (CN -10) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2- 2- 26:20.
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
Neighborhood Commercial (CN -10):
Beginning at the south corner of this parcel of land,
being the southeast corner of 30 -feet wide Railroad
Right -of -way and on the northwesterly side of Kawili
Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"HALAI' being 5,021.40 feet South and 7,355.10 feet East,
thence running by azimuths measured clockwise from True
South:
1. 1480 10' 75.30 feet along 30 -feet wide
Railroad Right -of -Way;
2. 2380 10' 242.00 feet along Lot 2 -A and Lot
2 -B, being portions of Grant
9139 to Herbert G. and Mary
Elizabeth Rowland;
3. 3280 10'• 55.30 feet along Kinoole Street;
4. Thence along Kawili Street, along a curve to the right
with a radius of 20.00 feet,
the chord azimuth and distance
being:
130 10' 28.28 feet;
4
5. 580 10' 222.00 feet along Kawili Street to
the point of beginning and
containing an area of 18,136
Square Feet or 0.41635 Acre.
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 shall be
secured from the Planning Department 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.
Parking shall comply with the requirements of Chapter 25
(Zoning Code). No parking variance from the Code shall be
applied for or granted; (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) Access(es) to the property shall meet
with the approval of the Department of Public Works. Further,
ingress to the property from Kinoole Street will be restricted
to right -turn in movement only and that left -turn in movement
into the property is prohibited. Egress onto Kinoole Street is
also prohibited; (E) A drainage system shall be installed in
accordance with the requirements of the Department of Public
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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
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
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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 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:
T— Dn�� �-
COUNCIL MEMBER, COUNVY OF HAWAII
Hilo, Hawaii
Date of Introduction:
February
1,
1989
Date of lst Reading:
February
1,
1989
Date of 2nd Reading:
February
15,
1989
Effective Date:
February
23,
1989
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION m5 -u4 (CITY OP HILO ZONE
MAP) ARTICLE 9, CHAPTER -Z5 (ZONING CODE
OF THE HAWAII COUNTY CODE, 13Y CHANGING
THE OISTIQtCT CLASSIFICATION FROM SINML -e
FAMILY IZESII�C -NTIAL (IQS -1o) TO NEIGHlBOR-
HOOb AT YVAIAKCA,
SOUTH t-1ILC, HAWAII.
PRCPARE� BY = PI-- ANNING �EPARTM ENT
c of HAWAII
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EXHIBIT "
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