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Home My WebLink AboutORD 1976-199 1976-1980 BILL NO. 21~ COUNT' OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~+~~ AN ORDINANCE AMENDING SECTION 7.29, THE CITY OF HILO ZONE MAP CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE COMMERCIAL(CGI7I5ATATNWAIAKEA,USOUTHAHILO,RHAWAIITICOVERED3BYSTAX MAPNKEYL 2-2-54:41. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7,29 of Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, is hereby further amended by adding thereto the following subsection: ~~7,29(gq ), The district classification of the following area situated at Waiakea, South Hilo, fiawai.i, shall be General Commercial Beginning at a 1/2" pipe on the Southeast corner of this parcel, the coordinates of said paint of beginning referred to Government Survey Triangulation Station "HALAI" being 2062.85 feet South and 7652.90 feet East, thence running by azimuths measured clockwise from True South: 1 79° 24' 98.88 feet along the North side of " . pipe; 20-foot road to a 1/2 2 169° 15' 250.31 feet along the East side of " . pipe; 20-foot road to a 1/2 Thence along a curve to the right with a radius of 4970 feet along the South side of Kekuanaoa Street; 3. 265° 09' 06" 62.47 feet; 4 348° 34' 17.32 feet along Parcel 99 as shown in . Tax Map Key 2-2-28-99; 5, 77° 45' 37.42 feet along same; 6. 348° 06' 39.55 feet along same; 7. 336° 35' 20.26 feet along same; 8, 257° 56' 65.98 feet along same; 9 348° 34' 168.07 feet along 20-foot road to the . point of beginning and containing an area of 19,283 square feet or 0.4427 acre, or thereabouts. "All as outlined in red on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof." SECTION 2. Section .L of this ordinance shall take effect forthwith upon the conditions that (A) construction of the proposed facility for the retail tire outlet commen<:e within one year of the date of approval of the change of zone request and be completed within two (2) years thereafter; (B) all drainage concerns be resolved with the Chief Engineer and the neces- sary improvements placed by the applicant prior to occupancy of the facility; (C) access to the property shall be allowed only from Kekuanaoa Street; and (D) all applicable rules and regulations, including the "Plan Approval" process, be complied with. Should any of the foregoing conditions not be met, rezoning of the property to its original zoning designation may be initiated. 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: -.,~.~t% COUNCILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: April 1, 1976 Date of Adoption: April 12, 1976 Date Effective: April 19, 1976 -2- i~~~-_ ~._ ~3 ~o ~s ~~ M~ _zo m I ~a .~.s 0 ~' ~ U1 o,,~ L-z~ ~ Zj (~ ulu m ~u ~ ~In ~~ -.s ~o-~.s M~-2o NANO BLEaHUA NA~'°' STIG~EET AVC-NUE --- I<c--. t<U ~' AUEA ~_IAV ~,,,VC re.e _3 ~s O w- 3.~s ML-2o C9-7.S oouB~.~ FAM1t_'I" ~ 1P-ESIOENTIAL (R:O-3.75) ~ TO GC~NEI+/AL C o-~-s COMMC-ICCIAL (CO-7.5) '%~~ AIedA = IJ, H~9 SQ . PT. ~~~ Mme. zo N / Z ML_za m ~ z:, ~ ~_ a~ / zry z ae 9 {H/aLAIJp E M~ -zo 5T IeGET ~ Mp.ll~0 zo_3.~= ~m r~o a.~s c~-o.s rco-3_~s Nora : \ rao 3.~s VP g~~G~'C 9CE OIBD~NANOE NO.-fig POIC OHO ICO HJs LEGAL DB~J C~.IPTION OIL THE ,L ABOVE` ZONE GHANOC--. AMEl~tDMENT TO THE ZONING CODE AMC-NOMENT N0.43 OF CHAI'~TC2 g (ZONING COOL--), AIeTICL.E 2, SCCTION 7.2QJ, THC- CITY OF HILO ZONE MAP? CHANGING THE I~ISTI@tGT C~,ASSIFICATION F'IEOM OOUC3LC t°AMILY IPESIOCNTIAL (1!_0-3.75) TO GC-NcM1_AL cOt~/IMCIeGIAt_ (GG-7-S) AT WAIAK~A, SOUTH HIt_O, HA1NAt1, OATS OF PUBLIC I-y~AIEING~ FE6. S, 1~7G OATC OF AFAIL°.O ~/Al.._ = F~FD21L Imo, I_`D7G ORDINANCE NO. 19°~ I~R°G1°AI6dD 19Y I~LANNING OEFAIE:TM ENT CO UNT'Y Or HAWAII 2-H-S4 ~ I FED. S, I°,J76 EXHIBIT "P.~~ r.nC-no l 7_ y I #, 1 1<C-`K'JF''NAoA ,p,V SNUB ~~ -~ ML 20 l~OUBI..~ PP.MIt_.~(' Z 12.C-'Slp@NTIAI- (IPA-J.75) C TO GGNEI~AL GGrMMC~1eC1/1L (C Ci -7 u~') ANL'GA = 1°J.'c89 SQ.PT. nn~.-ao i ST IEEET 1z 1Z m,~ - q ,.~ e. : r , m i ^~d ;.r~ c 1;~'rv 'q ^'. ~j ~L vorE . ~~z ~ ~1 Ar~~, ~~~~ P i SCC OICOiNANCE NO ,~POp ' ~ t p ,~ i'f' ~OV LCGA~ OEBCBIPTION OF THE c ~, R -. /O F '.. ~ \ ~ r ANOV!° 2oN@ CHANOC--. ~ ". W ', '"YID ^p-.. •... AMENDMENT TO THE ZON ItJG CODE AMENOn/IENT NO.°} ~ OF CHAI°TC2 g (ZONING COOC-), AIeTICt_E 2, SC-.`CTION 7.2aJ, THC- CITY OF HILO ZONE MAP, CHANGIN~Ca TM>= [~ISTIEICT CLASSIFICATION r=1EOM I70U13LG~ f AMILY R3ESIC~t?NTIAL (R=0-3.75) TO GC-NCR_AL COMMC-IeCIAL. (C_G-7. S) AT WAIAK~A, SOUTH HILO, t--lAl/`lAll. SAT C- OF FU6LIC MLaAle1NG~ Ff=C3. S, 1~7G I~AT C- OP AF7~tC0~/Al.. = F.f°fZIL_ I°~~ IJ-7G OR°_OINANCE NO. 1°)°J I°R:C~1°AIE4~0 ~Y ~ I°LANNING GC-1°AIETMCNT COUNTY OF HAWAII TMK 2-Z-54 = 41 h.ANOL~LENUA AV C-N VL-` -+' r-En. s, tg~6 ~Q I ~~ a 1~ n !', EXHIQIT "A~~ e ML-~O 1 ~ `y /_ ~ T ," Il,p 0 ~ ~~ ~I' Z ~ M~ ae '~ u;m rn ~< a ~. u m i M~_zo STIeCET NA ~' ~'°' 1<c--° r~~ ~ ~A <il-A H~JC ~ Y ... .... .. tme °,! 9P r A~ _ _..+~m" ... ,.. nqL-3c ~ St pOUBLC- FAMIt_Z' R'.ESIpENT1Al.. (RA-3.75) Z ~ i, ii _,~ $5CC ry~ ~ n /; ! ~ ~.,~-zo 5~ ~mrn~' ~,"~ hANOG~LL HUA AVC-NVLz --~ ~ col I ~ }Y+. , _ 11~ all ~}: lj l1~!` 1~~ ;~ n ~'~ { k i r ~ ~ W ~~;a r~ ~~ ~. ,gym' ~~~ ~ vk ~,s ~~ ~~ ..! .~ . ~' ~ ' t~., i # ;~ y^ RLCf s.-iv ~ '. Y Qli ~ 'i?, ~" .4 -,.R ~, {~ i 1 ",dk d)a r. ~C p+ ~ &~' ~ q4 , GPi - ~ ~l~_. ~~ ~ p. ~~E 'J IE CJINANCC- NO ~~ POIC' I RC) 9i~.i :~ 16 ~OV rt0 .J_ L.cGAL. oE5c4-`iPTION OF THE _ ff ~ J ~ ABOVE 2CNP_ CHANOC-. "~k~- A - !~ ~ '- -+ ~ ~' ~ A .a ~.h¢e .. .u ", AMENDMENT TO THE ZONING CODE AMENDMENT NQ~F~ OF CHAI°TC2 8 (ZONING COOC~, AIeTICLE 'c, SC-'CTION 7.2QJ, THC- CITY OF MILO ZONE MAF, CHANGING THE ~IST101CT C~..ASSIFICATION FIEOM I~OUCiLI? r'AMII_Y I@ESII~NTIAL. (R:O-3.75) TO GC-NC-R_AL COMMEIeCIAL (CG-'7.5) AT Wf11AKGA, SOUTH HILO, HAYVAII, OATC or- ~uoue HBAIe1NG~ FED. 5, 1°J'7G pATC OF AFl°I!?O VAL ~ P.F'fC,I L. I°J, IJ %~ 0(EOINANCE NO. I,~~ I°IC'C1°A1EN0 ~Y = PLANNING OEl°AIETM E'NT COUNTY OT HAWAII TMK ~ 2-Z-54=4! FEn s, i~~6 EXHIOIT "A~~ ~ y.. APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: APPLICANT'S SIGNATURE: _\\~ ~ \` ~. f` ADDRESS: 56 Pakalana Street »~- TELEPHONE: 13: 935- REQUEST FROM: .E:. fr="1-. ` RO -xi.l T0: C. G~ -'S , c1 TAX MAP KEY: 2-2-,L4-hl AREA OF PROPERTY: 7.9.?li7 sn_ ft. (aiae of parcel! OWNER: ___ Stan].ey & Kisomi ~ O;nxra ' OWNER'S SIGNATURE: Applicant has agreed to purchase ~; owner ha; agreed to sell ti:e subbect prop ert,,* w/ the APPLICANT'S INTEREST, IF NOT OWNER: nroci.sion thn ~. +*»rn,; ,~ ~ .: ~,~ ; -~ ~ o:; is apprc (If Zesaee, must be for at least another 5 years from date of application) APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach) 1. Pleaso explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if applicable! of the General Plan document. Also, please Indicate specif !tally which goals, policies, and courses of action are invoi ved. (Copies of the General Plan docwnent are available at public libraries and at the Am.~atii County Planning Department.) 2. Please state any other reasons for your request. TFIIS APPLICATION MUST BE ACf,OMPANIED BY: (I) 16 copies of the completed application form. (2) 16 copies of a locatl on map. (3I 16 copies of a site plan with existing and proposed uses (e.g., structures, topography, proposed subdivision). (4) I copy of appropriate quest! onnai re. (6) any additional Information. (6) $100.00 processing fee. FOR OFFICIAL USE: Date Received Dl rector's Action _ Prel lm. Hearing Public Flearing To Council P.O. I 2/75 CHANCE OF ZONE: BACKGROUND K3~NNETH TANOUYE Kenneth Tanouye, in behalf of Stanley Okura, is requesting a change of zone for 19,283 square feet of land from a Double-Family Residential - 3,75() square foot (RD-3.75) to a General Commercial - 7,500 square foot (CG-7.5) zoned district. The area in question is located along the Puna side of Kekuanaoa Street, adjacent and to the east of the Hilo Meat Cooperative Complex, Waiakea, South Hilo (TMK: 2-2-54:41). Should the requested change of zone be granted, the owner of the property, Stanley Okura, intends to sell the property to the applicant. The applicant intends to construct a commercial struc- ture to be utilized. as a retail tine outlet. According to the applicant, the reason for this request is that the present facili-~ ties of K & J Tire Center, which the applicant operates and leases from the State on a month-to-month basis, are insufficient for the projected increase in business volume. For the Commissioners' information, a change of zone request from RD-3.75 to CG-7.5, for 4,641 square, feet of land situated along Kekuanaoa Street and bordered on two sides by the subject parcel, was given a favorable recommendation by this Commission on August 13, 1975. This change of zone, which was requested by the applicant; Kenneth Tanouye, was subsequently approved by the County Council on October 8, 1975. The applicant originally intended to construct the proposed structure on this parcel.. Upon submission of construc- tion plans for Plan Approval, it was found that the parcel was too small to conform to the building and setback requirements, thereby necessitating the subject request for additional commercial zoned land. The General Plan Land Use Pattern Allocation Guide Map desig- nates the area for High Density Urban Development. This General Plan classification may allow general and office commercial uses. The Hilo Community Development Plan's 7.one Guide Map designates the area for the requested CG-7.5 zone. The Hilo CDP also states, as a policy, the expansion of the Hilo Shopping Center area for com- mercial purposes. The subject area is also designated as being situated within a flood plain by the General Plan. CIn support of this request, the applicant stated the following: "Our request for a variance conforms to the Land Use Pattern Allocation Guide Map which designates this area for high density urban development which would allow commercial use. "The parcel is in the near vicinity of the Hilo Shop- ping Center and in the immediate vicinity of the following partial list of commercial establishments: Leo's Rubbish Service; Hilo Poi Factory, Puueo Poi Shop, Frank's Repair Shop, wailoa Recap, J & J Auto Repair, and others. "Predicated upon available information, the property falls within the 'Policies of the General Plan, County of Hawaii' dates January 1971 in all respects. "A 'plot plan' showing proposed plans for a commercial structure to be utilized as a retail tire outlet, with park- ing area, is attached. These plans are submitted at this time - 2 - to indicate the proposed ].and utilization and the willingness of the applicant to build in a manner that would be most com- patible to the. surroundings and traffic conditions. "We have the rezoning approval of the front lot, 3-2-2-54-42, 4,641 sq, ft. However, being that the property is too small ~~~~ to conform with the building requirements, we would like to vi` ~~ ,,,,,~i~,~'v~/purchase and rezone the back property. " ~J~(~ ~, /'t'here are three (3) single-family dwellings located within the y~S. subj/ect area, These structures, which are all over forty (40) years ~a in age, are presently being used as rental units by the present owner. ' The applicant intends to demolish these dwellings. Surrounding land uses include other single-family dwellings, the Hilo Meat Cooperative complex, the Hilo Shopping Center, Hilo Motors, Hilo Poi Factory, a church, the C. Brewer Office complex, and the Y7aiakea Resort Village Hotel. Zoned districts in the immediate vicinity include P4L-20 immediately East of the subject area, CG-7.5 and V-S-.75 across Kekuanaoa Street, and RD-3.75. Kekuanaoa Street has a sixty (60) foot right-of-way with a twenty (20) foot pavement. At the corner of Kekuanaoa and Manini Streets, the pavement width flares out to thirty-two (32) feet. Manini, Honu, and Maiko Streets all. have twenty (20) foot rights-of-way and eleven (11) foot pavements. All essenti_aI utilities, including an eight (8) inch water line, are available to the area. Upon review .of the subject request, the Department of Public Works had the following comments: "...We feel that because of low ground sumps will not - 3 - w likely provide adequate drainage. Test drilling should be made to determine the workability of sumps and drainage. The, lot should not be filled excessibly; this may cause further drainage problems. Because of the narrow roadway, we feel that abutting of the roadway would pose traffic problems. Where the roadway is wide enough to have sidewalks, the build- ing at the boundary in accordance to building code would be compatible." V,s-~ Pao gubew,wk r~ tea' t1'V9,'1", .h,a- I~PNI Skr~-A ~..a. (~'°o~ A.- h.+•" ~ Ar(+--..1 . The Department. of Police had the following comments: "It is recommended that access to applicant's proposed development be established on Manini Street so that no addi- tional conflicts are created on Kekuanaoa." The Waiakea Soil and .Water Conservation District offered the following comments: "Upon completion of our field investigation with SCS technicians, it has been determined that residential dwellings line two of the streets that border the proposed commercial development. Additional impermeable surface created by proposed development will cause increased runoff in the iirunediate area." A1J_ other coopeststing agencies had no comments on or objections to the subject request. - 4 - Bill No. 215 AN ORDINANCE AMENDING SECTION 7.29, THE CITY OF HILO ZONE MAP CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII. COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM DOUBLE FAMILY RESIDENTIAL (RD-3.75) TO GENERAL COMMERCIAL (CG-7.5) AT WAIAKEA, SOUTH HILO, HAWAII, 07VERED BY TAX MAP KEY 2-2-54:41. This Bill amends Section 7.29, The City of Hilo Zone Map, Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, by changing the district classification from Double Family Residential (RD-3.75) to General Commercial (CG-7.5) at Waiakea, S. Hilo. Date Introduced: April 1, 1976 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on April 1, 1976, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Yadao and Chairman Yamada - 8. NOES: Councilman Levin - 1. ~~ ~ , COUNTY CLERK COUNTX OF HAWAII ORDINANCE PdO. 199 (Bill No. 2:L5-1976) AN ORDINANCE AMENDING SECTION 7.29, THE CITY OF HILO ZONE MAP CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIF]:CATION FROM DOUBLE FAMILY RESIDENTIAL (RD-3.75) TO GENERAL COMMERCIAL (CG-7.5) AT WAIAKF,A, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-44:4].. Date Approved: P~pril 12, 1976 Date Effective: April 19, 1976 Copies of the foregoing Ordinance,. in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on April 12, 1976, by the following aye and no vnte• AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Yadao and Chairman Yamada - 8. NOES: Councilman Levin - 1. ~ /~ °~ COUNTY CLE COUNTY OF HAWAII Hilo, Hawaii Date: April 1. 1976 FIRST READING AYES NOES A/E ~! Carpenter X De Luz X Fujii X Hisaoka X Kawahara X Lai X -~ Levin Yadao X X Yamada -- --X--- 8 - --- ~ -.. _.._. _ Publication Date: -.--li~~'~ -'~ IJ16 - Hilo, Hawaii Date: April 12, 1976 SECOND & FINAL READING AYES NOES A/E Carpenter _ X De Luz Fujii X X _ i ~ Hisaoka Kawahara X X Lai X Levin X Yadao X Yamada X F; 1 Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~..~ ,.: ,,. Fi~62f~h Council Chpirma i f~' •, 1 Approved/~iartyproved this __~-~ ~` day of ~~ y County Clerk Bill No. __215. _ _-__ Reference:_ C-~ 766/PRDLC-72 M.B. No. _~~~=~, _. - Ord. No. __ a_y a -r Y ~ \4 o/ ~^ \ C" of ~'k~~"~-.~y Ted T. 5~~-:!;~ / P f~OUNTY CLF".K ~}~~..~~\ OFf ICL' OF Tf-{h. CCIJNTY GS_E:fdK couNn of H,awnu HILO, HA\MAII 4Fi72J Mayor Herbert T. Matayosh~. County of Hawaii Hilo, Hawaii. Robcri Shinji DEPUTY COUNTY CLERK I hereby transmit Ordinance IIill No. 215 passed by the County Council. on second and final reading. ~~/ ~ . CC"NTY CLLRK Encl. Dated: