HomeMy WebLinkAboutORD 1989-050 1988-1992COUNTY OF HAWAII ,-STATE OF HAWAII
Bill No.
ORDINANCE NO,
Zmll
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 -10) AT WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2- 2- 28:29.
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 properties described hereinafter
as follows:
The district classification of the following area
situated at Waiakea, South Hilo, Hawaii, shall be General
Commercial (CG -10):
Beginning at a point at the southwest corner of this
parcel of land and on the easterly side of Kilauea Avenue,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being
3,225.31 feet South and 7,301.99 feet East and running by
azimuths measured clockwise from True South:
1. 1600 06' 176.60 feet along the easterly side
of Kilauea Avenue;
2. 2510 31' 272.48 feet along the remainder of
Grant 4777 to T. Clive Davies;
3. 3450 02' 184.03 feet along Lot 5 and Lot 3,
being a subdivision of
remainder of Grant 4777 to
T. Clive Davies;
4. 730 06' 30" 256.93 feet along the remainder of
Grant 4777 to T. Clive Davies
to the point of beginning and
containing an area of 47,680
Square Feet.
42
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) The applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) The applicant shall submit
the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment Policy"
within ninety days from the effective date of the change of
zone ordinance; (C) Subdivision plans shall be submitted for
tentative approval within one year from the effective date of
the change of zone. Final subdivision approval shall be
secured within one year from the date of receipt of tentative
subdivision approval; (D) Final Plan Approval for the
development of the rear lot shall be secured within one year
from the effective date of Final Subdivision Approval. 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; (E) Construction shall commence
within one year from the date of receipt of Final Plan Approval
and be completed within two years thereafter; (F) Access shall
meet with the approval of the Department of Public Works. The
sidewalk fronting the subject property along Kilauea Avenue
shall be reconstructed in a manner meeting with the Department
of Public Works prior to issuance of any occupancy permit or
Final Subdivision Approval, whichever comes first; (G) A
-2-
ten -foot wide, road widening strip along Kilauea Avenue shall be
delineated on the plans submitted for subdivision and for plan
approval review. No structural improvements shall be allowed
within this road widening strip, provided however, any required
landscaping may be permitted within this strip. Further,
applicable setbacks shall be taken from the 10 -foot future road
widening strip line; (H) A drainage system shall be installed
in accordance with the requirements of the Department of Public
Works; (I) All applicable County and State laws, rules,
regulations and requirements shall be complied with; (J) 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; (K) 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, (L) 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
-3-
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
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 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:
C TCIL MEM ER, COU TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
April
5,
1989
Date of 1st Reading:
April
5,
1989
Date of 2nd Reading:
April
19,
1989
Effective Date:
April
26,
1989
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ANO ARBORETUM 2 h
AMENDMENT TO THE ZONING CODE
AMeNDING SECTION 25 -114 (C17Y OF HILO ZONE MAP)
ARTICLE S, CHAPTC-M 25 (ZONING CODE) OF THE
HAWAII COUNTY COOL, BY CHANGING THE DISTRICT
CLASSIFICATION 1=1QOM BINGLC FAMILY IQESIDEN-
TIAL (RS -10) To C3CNC - -mAL COMMEfQC1AL (CG-lo)
AT WAIAKEA, 50UTH HILO, HAWAII.
PREPARED BY : PLANNINO bEpARTM ENT
COUNTY of HAWAfI
TMK= � -2 -�8 = �� DBC- 7, 188
EXHIBIT itAII