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Home My WebLink AboutORD 1989-161 1988-1992COUNTY OF HAWAII -.:STATE OF HAWAII Bill No. ORDINANCE NO. 89 161 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- 24:15. 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 -10): Ur ml Beginning at a pipe at the North corner of this lot, the East corner of Lot 4, Block 92, and on the West side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL" being 3212.97 feet South and 7233.52 feet East, as shown on Government Survey Registered Map No. 2705, and running by true azimuths: 1. 3400 06' 85.86 feet along the West side of Kilauea Avenue; 2. 580 10' 220.75 feet along Lot 2; 3. 1480 10' 84.0 feet along Lot 20; 4. 2380 10' 238.5 feet along Lot 4 to the point of beginning and containing an area of 19,288 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) 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) Final Plan Approval shall be secured from the Planning Department within one year from the effective date of the zone change. To assure adequate time for plan approval review and in accordance with Chapter 25 -244 (Zoning Code), Hawaii County Code, as amended, plans shall be submitted a minimum of forty -five days prior to the date by which plan approval must be secured; (D) Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (E) 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 approval of the Department of Public Works prior to the issuance of any occupancy permit; (F) A ten -foot wide road widening strip along Kilauea. Avenue shall be delineated on the plans submitted for plan approval review. No structural improvements shall be allowed within this road widening strip. Further, the applicable setbacks shall be taken from the future road widening strip. Any required landscaping, however, may be -2- allowed within this road widening strip; (G) A drainage system shall be installed in accordance with the requirements of the Department of Public Works; (H) All other applicable laws, rules, regulations and requirements shall be complied with; (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 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 -3- 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 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 approval. Hilo, Hawaii This ordinance shall take effect upon its INTRODUCED BY: i CO CIL MEMBE , COU OF HAWAII Date of Introduction: December 5, 1989 Date of 1st Reading: December 5, 1989 Date of 2nd Reading: December 20, 1989 Effective Date: December 22, 1989 Q I, y -- ies -lo QC L co -'20 � Rs -io r U IU lu J 0 Y Rs -ro 1—UNIVERSITY 1 R9 -lo CG -7 Ro- I RS 1 Co -7_s LONG STRCET Co- RD -3.x.5 20 Rs to rzo- 3-73 CG -7 -5 RS le R5 -lo CG -tee �RS to 23B° 10' 230.50 c o �S Rb 9 �Q �ry RS -10 SB °ie' -�22 e.�s Q 7jf( U R9 -le COMMERCIAL (CG -10 RS -lo AREA= 1°x,288 SQ -FT jw _J LANIKAULA c o �S Rb 9 �Q �ry RS -10 r25 -10 op aN (oJ R°t -le Q HIl.O NU R3 BRY � J Ra -lo L RS'lo 1 oP�ry (e) AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -114 (C1T7 CF HIL.O ZONE MAt�) ARTICLE a, CHAP=r7= -M Z5 (ZON1NC-5 CODE) OF THC HAWAII COUNT7' COME, t3y CHANGING THE t715TR1CT CLA5511= ICATION FROM 51NIS Ll FAMILY TO GI_1,(C -1�AL COMMCRCt^t- (CC -t o) AT WAIAhCEA, SOUTH KILO, HAlNAII_ PRE1°Af2Cf7 L9y = I°LANNING �>= 1'�ARTMCNT CCUNTi' op I-- FAWAtI TMK ' - 2' -M - 15 EXHIBIT 11Ait bO SINGLE FAM1L7 7jf( RESIDC-NTIAL (RS -lo) TO GENERAL COMMERCIAL (CG -10 AREA= 1°x,288 SQ -FT jw 7,II33 S2 B HALAI" O Sao =oa' B s.HG CG -lo � 6 67 Q' r25 -10 op aN (oJ R°t -le Q HIl.O NU R3 BRY � J Ra -lo L RS'lo 1 oP�ry (e) AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -114 (C1T7 CF HIL.O ZONE MAt�) ARTICLE a, CHAP=r7= -M Z5 (ZON1NC-5 CODE) OF THC HAWAII COUNT7' COME, t3y CHANGING THE t715TR1CT CLA5511= ICATION FROM 51NIS Ll FAMILY TO GI_1,(C -1�AL COMMCRCt^t- (CC -t o) AT WAIAhCEA, SOUTH KILO, HAlNAII_ PRE1°Af2Cf7 L9y = I°LANNING �>= 1'�ARTMCNT CCUNTi' op I-- FAWAtI TMK ' - 2' -M - 15 EXHIBIT 11Ait bO