HomeMy WebLinkAboutBIL 269 Draft 02 1994-1996ORDINANCE NO.
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 2-2-24:1.
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):
Beginning at the southwest corner of this parcel of land, being also the southeast
corner of Lot 20 and on the northerly side of Lanikaula Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAI," being
3,552.98 feet South and 7,164.13 feet East, thence running by azimuths measured
clockwise from true South:
1. 1480
10'
84.20
2. 2380
10'
203.00
3. 3400
06'
69.84
feet along Grant 9172 to Robert Wong
(Lot 20);
feet along Grant 9104 to En Leong Wung
(Lot 2);
feet along Kilauea Avenue;
4. Thence along the northwest corner of the intersection of Kilauea Avenue and
Lanikaula Street on a curve to the right with
a radius of 20.00 feet, the chord azimuth and
distance being: 190 08' 25.19 feet;
5. 580 10' 168.99 feet along Lanikaula Street to the point of
beginning and containing an area of 16,291
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(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant(s) shall submit daily water usage calculations and the required
water commitment payment to the Department of Water Supply in accordance
with its "Water Commitment Policy" within 90 days from the effective date of the
change of zone.
C. Construction of the proposed commercial development shall be completed within
five (5) years from the effective date of this ordinance. Prior to the start of
construction, Final Plan Approval for the proposed commercial development and
related improvements shall be secured from the Planning Director. Plans shall
identify structures, fire protection measures, paved parking stalls and paved
driveway and other improvements associated with the proposed use. Plans shall
include landscaping along property boundaries, for the purpose of mitigating any
potential adverse noise and visual impacts to adjoining parcels and the
intersection. Plans shall also indicate a 10 -foot road widening setback along the
Kilauea Avenue frontage.
D. Access to the subject property from Lanikaula Street shall meet with the approval
of the Department Public Works. No access shall be permitted from Kilauea
Avenue.
-2-
E. Roadway improvements along the entire Kilauea Avenue/Lanikaula Street
frontages shall include commercial standard curb, gutter and sidewalk
improvements and the reconstruction of the wheel chair ramp. The above
improvements along Kilauea Avenue shall occur in the existing location.
Attendant roadway improvements, such as, but not limited to relocation of utility
poles, traffic control devices, street lights, signs and markings, pavement
widening and an improved corner radius shall be provided by the applicant for
that portion of the affected roadways fronting the project site. Theapplicant(s)
shall design and construct the interior driveway and circulation improvements to
interconnect with the two adjoining _properties north of the subject property,
meeting with the annroval of the Department of Public Works. All roadway
improvements shall be constructed in a manner meeting with the approval of the
Department of Public Works, prior to the establishment of any new use or the
issuance of a certificate of occupancy for any portion of the proposed commercial
development.
F. Upon compliance with applicable conditions of approval, prior to the
establishment of any new use or the opening of the proposed development, the
applicant shall submit a final status report, in writing, to the Planning Director.
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 shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
H. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
-3-
1. 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.
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).
I. 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.
IM
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
r
COUNCIL M ER, CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-5-
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AMENDMENT TO THE ZONING CODE p
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.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-24:1 APRIL 3, 1996
KHIBIT "A"
(WA7NE KANESHIRO)
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