HomeMy WebLinkAboutORD 2003-044 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. t 7
(Draft 4)
ORDINANCE NO. tI3 44
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, C}{APTER 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 HAWAII:
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.
[3. 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. All structures and non-structural commercial uses and their associated required
parking shall be limited to those areas designated "X" on the Flood Insurance Rate
Map. Only surplus parking with permeable surface, landscaping, and utility and
road improvements shall be allowed within those areas designated "AE'" on the
Flood Insurance Rate Map.
E. Development 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
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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 eastern
property line, waste and trash bins no closer than one hundred (100) feet from any
residential zone. fire protection measures, landscaping and maintenance plan,
paved and striped parking stalls and driveway and other improvements, including
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.
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 (LOMR) prior to issuance of a certificate of
occupancy for any development within the subject properties.
G. Access to the subject site shall be limited to Kanoelehua Avenue and Puainako
Street. Access improvements along Kanoelehua Avenue shall consist of:
a) aright-in/right-out design, with its location to be as far as possible to the
Volcano side of the subject site;
b) the extension of a right-turn deceleration lane into Puainako Street from
Kanoelehua Avenue;
c) aright-turn deceleration lane into the subject site; and
d) appropriate traffic controls adjustments, including signs and markings,
meeting with the approval of the State Department of Transportation. The
driveway access from Puainako Street shall be limited to right-turn in movements
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only and be located as far away as possible from Kanoelehua Avenue. All traffic
improvements shall be completed prior to issuance of any commercial occupancy
permit for the subject site.
Prior to the submittal of any design plans relating to the required roadway
improvements to Kanoelehua Avenue and Puainako Street, a Traffic Impact
Analysis Report (TZAR) shall be submitted to the State Department of
Transportation and the County Department of Public Works. Should the TIAR
indicate that the development contributes to the need for future improvements to
the Puainako Street/Kanoelehua Avenue and Pilipaa Street/Puainako Street
intersections, other than what is already required herein, the applicant shall pay its
fair share for the improvements as determined by the State Department of
Transportation and the County Department of Public Works.
H. The applicant shall construct roadway improvements on the south side of
Puainako Street along the subject properties' frontage, consisting of pavement
widening for the approach into the driveway with adequate sight distance for
vehicles entering the subject site, 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 Hawaii upon their completion. If required, utilities
shall be relocated, and street lights, signs and traffic markings shall be installed,
meeting the approval of the Department of Public Works, Traffic Division.
Access from Awapuhi Street through the subject site shall be provided. Said
access, however, shall be barricaded and made available only for emergency
access purposes through the subject site from Awapuhi Street.
Additionally, if deemed appropriate by the Department of Public Works, Traffic
Division, the applicant or its successors shall be responsible for the installation of
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or cost of installing two (2) speed humps within Pilipaa Street within one year
from the effective date of this ordinance.
F,xcept for the installation of the speed humps, all of the roadway and related
improvements described herein shall be completed prior to issuance of occupancy
permit for any commercial development on the subject site.
I. Notwithstanding the CG-20 zoning, any residential use of the property shall not
exceed a density of one unit per 10,000 square feet of land. Further, all structures
within the area designated "X" on the Flood Insurance Rate Map as of the
effective date of this ordinance shall be limited to a gross area of 24,000 square
feet. In the event the Zone "X" area on the Flood Insurance Rate Map on the
subject site is further expanded, no development shall be allowed until an updated
Traffic Impact Analysis Report (TIAR) is prepared for the review and approval of
the State Department of Transportation and County Department of Public Works
and appropriate mitigations have been taken by the developer.
J. 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.
K. A Solid Waste Management Plan shall he 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.
I,. A wastewater system for the proposed development shall be constructed, meeting
with the approval of the Department of Health.
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M. 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.
N. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject properties.
O. 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.
P. 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 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).
-6-
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.
Q. 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:
~
C NCIL MEMBER, COUNTY OF HAWAI'1
Hilo, Hawaii
Date of Introduction: February 20, 2003
Date of 1st Reading: February 20 , 2003
Date of 2nd Reading: March 7, 2003
Effective Date: March 17, 2003
REFERE?JCE: Cccnm. „110..10
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL.
DATED:
-7-
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AMENDMENT TO THE ZONING CODE
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.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-2-40: 14 & 69 SEPTEMBER 5, 2000
EXHIBIT ,~A (MATSUNO ENTERPR6ES,LTDJ
OFFICE Of THE, COUNTY CLERK
County of Hawaii
xilo ,Hawaii
(DRAFT 3)
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX
Date Introduced: February 20, 2003 Arakaki X
First Reading February 20, 2003 Chung X
Published: N/A Elarionoff X
Holschuh X
REMARKS: Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
fylcr X
7 2 0 - 0
(DRAFT 4)
Second Reading: March 7, 2003 ROLL CALL VOTE
To Mayor: Marsh 11, J003 AYES NOES ABS EX
Returned: March 17, 2003 Arakaki X
Effective: March 17. 2003 Chung X
Published: n„r; i ~nn3 Elarionoff X
Holschuh X
REAfARKSr Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
Tyler X
6 2 1 0
DO HEREBY ('ERT/FYThaI The./breKoin~ BILL tir~cis adopted h}~ the Counl}~ Cotmcil pufilished ai~
ittdicaled above.
APPROVED AS TO
FORM AND LEGALITY:
~-y' C( UNCIL CHAIRMAN
' ' Z'r t ; >r'Lar~"
DEPU CORPORATION COUNSEL (I'~
COUNTY OF HAWAII v -
/ ' I` I ~ C(JUNT}"CLERK
Date i ~ U s " lC:
17 (Draft 9)
Bill No.:
C-110.10/PC-20
prone Disapproved Ihiv I ~ ~e.. dui, Reference:
of MaNG~ ~ ng Ord No.:
G ~ `
AYOR. (1(~l(INT1'OFI/AWAIT