HomeMy WebLinkAboutBIL 017 Draft 02 2000-2002 COUNTY O~ W.~`~ ~'T1~T ~ O ~
BILL NO. 17
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-10) TO GENERAL COMMERCIAL (CG-20) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-40:14 AND 69.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Section 25-8-33, Article 8, 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-20):
Beginning at the northwest corner of this parcel of land, being also the southeast
corner of the intersection of Kanoelehua Avenue and Puainako Street, the coordinates of
said point of beginning referred to Government Survey Triangulation Station "HALM",
being 7,859.60 feet South and 10,683.19 feet East, thence running by azimuths measured
clockwise from true South:
1. 265° 40' 271.09 feet along Puainako Street;
2. 355° 40' 692.28 feet along Hawaiian Home Lands;
3. 85° 40' 197.41 feet along the remainder of Grant 10,210 to
Mario Mayeshiro;
4. 2° 25' 209.17 feet along the remainder of Grant 10,210 to
Mario Mayeshiro;
5. 85° 40' 224.36 feet along Grant 10,706 to John Helekahi
(Awapuhi Street and Lot 5-B);
6. Thence along Kanoelehua Avenue on a curve to the right with a radius of 5667.08
feet, the chord azimuth and distance being:
185° 53' 14" 714.20 feet;
7. 189° 30' 203.00 feet along Kanoelehua Avenue to the point
of beginning and containing an area of 6.640
Acres.
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, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance. An anticipated
maximum daily water usage shall also be submitted to the Department of Water
Supply.
C. Final Consolidation Approval of the properties shall be secured from the
Planning Director within one (1) year from the effective date of this ordinance.
D. [Zoning of the subject area shall be in increments. The first increment shall
consist of structures and/or uses that require no more than sixty (60) parking
stalls pursuant to the Zoning Code, exclusive of handicapped parking and
loading zones and an area not exceeding 2.5 acres within the area designated X
on the FIRM map.
The second zoning increment shall be effective upon completion of the first
increment and shall be subject to the submittal of a traffic impact study
-2-
approved by the County Department of Public Works and implementation of
any additional traffic mitigation measures, as may be required by said agency,
prior to issuance of an occupancy permit. Said mitigation measures may
include the installation of traffic lights at the intersection of Puainako Street and
Pilipaa Street, acceleration/merging lane along Puainako Street from Pilipaa
Street, and, if allowed by the State Department of~ Transportation, access to
Kanoelehua Avenue.] t~.ll strictures a~c~tl.~ir ~.s. s.Qeiacl required~ar~~al~
e li,, ~ ed t s a, s d s' "X" ~~ce R~i.~~
Q~-su~~lu,~ parking.
]~.*t~lscarain~.
a~l.~~~t~
a~~i
.~c?~c~ mprQvem~~es s . ~:1~
allowed wilhn_.,_fhose argfas design~~.~d".~E" on the F19od ~nsura~~~ Rite 10~L~p.
E. [Construction of the first increment and related improvements] Dev nment of
the property shall be completed within five (5) years from the effective date of
this ordinance. This time period shall include the securing of Final Plan
Approval from the Planning Director for the commercial development. Plans
shall identify structures no closer than sixty (60) feet from the existing property
line fronting Puainako Street[,] and
seventy
(70) feet along the eas rn
oroaerty
lute .waste and trash bins no closer than [sixty (60)] ~.~~,~.~d (100) feet
from any residential zone, fire protection measures, landscaping and
maintenance plan, paved and striped parking stalls and driveway and other
improvements, including [a future] access to Kanoelehua Avenue, associated
with the proposed uses. Plans shall include landscaping, and if appropriate,
wall or fence along the eastern and southern boundaries for the purpose of
mitigating any potential adverse noise and visual impacts to surrounding
properties.
Prior to submittal of plans for Plan Approval, the applicant shall secure the
input of the immediate adjoining residential homeowners through a community
meeting.
-3-
F. If required by the Department of Public Works, the applicant shall obtain a
FEMA Conditional Letter of Map Revision (CLOMR) prior to Final Plan
Approval and a FEMA Letter of Map Revision (CONK) prior to issuance of a
certificate of occupancy for any development within the subject properties.
G. [As part of the first increment, driveway access from Puainako Street and, if
allowed by the owner(s), Awapuhi Street shall meet with the approval of the
Department of Public Works. Further, access from Kanoelehua Avenue, if
allowed by the State Department of Transportation, shall be provided meeting
with said agency's requirements. The driveway access from Puainako Street
shall be limited to right-turn in and right-turn out traffic movements only. Said
improvements shall also include a deceleration lane along the Puainako Street
frontage for the approach into the driveway with adequate sight distance for
vehicles entering and exiting the subject properties.
Further, a traffic signal light or a "round about" system at the intersection of
Pilipaa and Puainako Streets shall be installed prior to issuance of occupancy
permit for any commercial development within the first increment.]
Access to the
sect site sha 1 be lir~it~d to Kanoelehu ~v~~u~~a~ako
S et azad Aw,b Street ' allowed b=y the~ff~~Ie~.ert~owr<~r(sL
Access in~inrove~ea~:ts fX~Art Ka~oe~~l~ua {~vent~e shall. feel. i t ~ ~p.,pr~val of
tie State ~~~~tment of Transr at.~on~w_hile e Awanu~i 5~~~~~cess
improvements s all m.~et wit the
e
a~ap,~eval of the
I~et~~:r~~~l of Publ.~c Works.
The dr~vew.~~ccess fr~xn ainako Str t s _all be liart7:~~dt-turn i~.
t~,ovem_eztt~n.1~ Said izta~rovements s a]l also include a ecelet'~t~Q~laner if
d~r~~.xonriate the Department ~f Public Works. slop
Str~~t frontage for the
approach into the driveway wit$~ a~~quaxe
si~h+ di~ta~
for ve '~l~es entex.t~ie subject nrop~rtzes
-4-
H. The applicant shall construct roadway improvements on the south side of
Puainako Street, along the subject properties' frontage, consisting of pavement
widening, concrete curb, gutter, and sidewalk including drainage improvements
within the road widening setback area. The road widening sections and the
roadway improvements shall be subdivided and dedicated to the County of
I-Iawai`i upon its completion. If required, relocate utilities and install street
lights, signs and traffic markings, meeting the approval of the Department of
Public Works, Traffic Division.
I. A drainage study shall be prepared and submitted for approval to the
Department of Public Works together with any plans for the development or
subdivision of the subject properties. Any required drainage system shall be
constructed prior to or in conjunction with Final Plan Approval or issuance of a
certificate of occupancy, meeting with the approval of the Department of Public
Works .
J. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Public Works in conjunction with the submittal of plans for
Final Plan Approval to the Planning Director.
K. A wastewater system for the proposed development shall be constructed,
meeting with the approval of the Department of Health.
L. 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.
-5-
M. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject properties.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
O. 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 applicant, 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 tone.
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).
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.
-6-
P. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject property 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:.
/ I [
'i.
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-7-
i
~
` I f
~~ince
~5-10 O ~ 2 0
w 2 Kuhia ~ o
c~ u
z~
w
~ f
/aza
CN-10 ~
~ O 7,859.60 S
C? 5- 1 0 ~ 1 O, 683.1 9 E
~ iY "HALM" ~
Y O
CG-20
PUAINAKO STREET
CN-10 ~s-10
O KS-10
- X5-10
~ K 7"~i
~ Center
`z ~ PAIPAI STREET
> ~
o a SINGLE FAI~IiY ~ w
N RESIDENTIAL (RS-10) ~ ~ s - I o ~
TO GENERAL
COM~I€RCIAL (CGs20)
r? s - I o ~IdEA: 6.64ft A?;,RES
POHAI STREET
Q
CN - 10 a X5-10
W
X5-10
Z t?5-10
Y IZS-10
CN-10
w
I;5-10
g f'uainako
Y ~
F-
~ ~ Q
- Q
~ 1"o W n d O
_ ~ ~5-10
a
Center Q
X 5- 1 0 Q t? 5- 1 0 NOEAU STREET
CN-10 K'S-10
1 ~f~ ~ ~ ~I
AMENDING SECTION 25-5--33 (CITY OF H8L0 ZONE MAP) ARTICLE 5, CHAPTER 25 (ZONING
CODE) OF THE HAWAII C0~lNTY CODE, SY CHANGING THE DISTRICT CLASSiI°iCATION FROM
SINGLE FAMILY RESIDENTIAL (RS-~10) TO GENERAL COMMERCIAL (CG®20) AT WAIA~EA,
SOUTH HILO, HAWAII.
PREPARED 13Y PLANNING DEPARTlNEN~
COUNTY OF' I-IA~oAII
TMK 2-2-40: 14 & 69 SEPTEMBER S, 2000
EXt-II®IT eeA» (A4ATSUNO ENTERPRISES,LTD.)
V