HomeMy WebLinkAboutORD 1989-100 1988-1992COUNTY OF HAWAII -:;.74 ',,,STATE OF HAWAII
Bill N0. 649
1u4alL s/
ORDINANCE NO
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AN ORDINANCE AMENDING SECTION 25 -112 (WAIOHINU ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS -15) TO NEIGHBORHOOD COMMERCIAL (CN -10) AT
WAIOHINU, KA'U, HAWAII, COVERED BY TAX MAP KEY 9 -5- 01:29.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -112, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
LA /TN
The district classification of the following area
situated at Waiohinu, Ka'u, Hawaii, shall be Neighborhood
Commercial (CN -10):
Beginning at the Southernmost corner of this parcel of
land, being also the Westernmost corner of the Waiohinu
Park (Governor's Executive Order 193) as shown on
C.S.F. 4270 and being a point on the Northeasterly side of
Mamalahoa Highway, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU A AO" being 1,577.21 feet South and
4,582.05 feet East and running by azimuths measured
clockwise from True South:
1. 1220 49' 149.11 feed along the
Northeasterly side of
Mamalahoa Highway to a
point;
Thence, for the next three (3) courses following
along the remainder of Land Patent S -8549, Land
Commission Award 10683 to D. Pipi:
2. 2150' 57' 158.15 feet along Lot D to a
point;
3. 3050 57' 148.89 feet to a point;
4. 350 57' 150.00 feet along Waiohinu Park
(Governor's Executive
Order 193) as shown on
C.S.F. 1470 to the point
of beginning and
containing an area of
22,940 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) that applicant, successors
or assigns shall be responsible for complying with all stated
conditions of approval; (B) plans for the proposed development
shall be submitted to the Planning Department for Plan Approval
review within one year from the effective of the change of
zone; (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 to the property shall meet
with the approval of the Department of Public Works; (E) a
drainage system shall be installed meeting with the approval of
the Department of Public Works; (F) upon consultation with the
surrounding property owners, the applicant shall submit a trash
pick -up and trash receptacle location plan and /or program to
the Planning Department to minimize any potential litter
impacts to the surrounding area. Said plan and /or program
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shall also include provisions for the strategic placement of
structures to avert or minimize trespasses to adjoining
properties; (G) all other applicable laws, rules, regulations
and requirements be complied with; (H) as agreed to by the
applicant, the development's parking lot shall not include
parking stalls for buses. Buses, for this purpose, are defined
as vehicles with a wheelbase exceeding 20 feet; (I) 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; (J) 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, (K) an initial extension of time for the
performance of conditions within the ordnance 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
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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 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:
COUNCIL MEMBER, COUN Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
June
7,
1989
Date of 1st Reading:
June
7,
1989
Date of 2nd Reading:
June
21,
1989
Effective Date:
July
10,
1989
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AMENDING Sec -MON M5 -11'2 (NAIOHINU ZONE MAP)
AR-FICA-C-23, GHA1°TCR 25 ZONING CODE) OI==
THE HAWAII COUNTY CODCI BY CHANeING
THE DISTRICT FROM SINGLE
FAMILY RESIDCNT ►AL- TO NEIGH1301�-
Hoot� CoMMEi�C1AL (CN-lo) AT yVAIOHINU, KAU,
HAwAt 1 _
pREpARC� E3Y = pi- ANNING �E'PAt?TMCNT
COUNTY of FiAVIAiI
ITMK = aJ -5 -OI - 2°K = aJ -5 -01 - 2°D
EXHIBIT 11A11
SEPT- "20, 1°88