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HomeMy WebLinkAboutORD 1976-228 1976-1980BILL NO. 24S COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0.. ~8 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 MULTIPLE FAMILY RESIDENTIAL (RM-1) TO OFFICE COMMERCIAL (CO-20) AT PIIHONUA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-14:14 AND 22. 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(~,n,,, ). The district classification of the following area situated at Piihonua, South Hilo, Hawaii, shall be Office Commercial (CO-20): Beginning at a pipe at the West corner of this parcel of land and on the South side of Wailuku Drive, on a 15° 00' curve, having a radius of 383.07 feet, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 3190.74 feet North and 1799.26 feet East, thence running by azimuths measured clock- wise from True South: Along a curve to the right, having a radius of 383.07 feet, the direct azimuth and distance being: 1. 241° 09' 39" 120.37 feet to a pipe on the South side of Wailuku Drive; 2 Along the South side of Wailuku Drive, along a curve to the right, . having a radius of 336.19 feet, the chord azimuth and distance being 252° 06' 03" 22.30 feet to a pipe; 3. 328° 55' 135.77 feet to a pipe on the North side of 14- foot road; 4. 58° 55' 142.00 feet along the North side of 14-foot road to a pipe; 5 148° 55' 145.57 feet to the point of beginning and contain- . ing an area of 20,615 square feet, or thereabouts. "All as outlined in red on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof." SEC TION 2 . Section 1 of thi s ordinance shall take effect forthwith upon the conditions that (A) the existing building on the property shall be occupied within one (1) year from the effective date of approval of the change of zone; (B) the method of sewage disposal shall meet with the approval of the State Department of Health and/or County Department of Public Works; (C) adequate off-street parking be provided for the new use in the property. The exact number of parking stalls to be provided shall be determined at the time of Plan Approval and according to the requirements as spelled out in the Zoning Code; (D) parcels 14 and 22 be consolidated within six (6) months of the effective date of approval of the change of zone; and (E) all other applicable rules and regulations be complied with. Should any of the fore- going conditions not be met, rezoning of the property to its original zoning designation may be initiated. SECTION 3. In the event any portion of this ordinance is declared in- valid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED B][: COUNCILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: October 6, 1976 Date of Adoption: October 20, 1976 Effective Date: October 27, 1976 -2- i ~. U U LU R «t I It=,OAD ~N.iI IIC N Z '- ~W ~M-I p~1 F U N \ i _ ~~~- ~ ~ ~. IP t.t - I '.M I ~~. ~ Vfl-.75 O ~~ ~ fl / -s ~, ~~ J~ 7. / ~~ i (, WAILU KU CIVC-I! ~ _ VII .7.^3 ~~ ~_ ~ % /c mr.'I -I (~lj -~~~ ' -1. ee 1~ - ~ ^ -- ,__ _ . - - _ ~ j ~ ~_ w~l~u~-~, ~ ~ - ,'i'~ ~~JKU ~E-N ~" ~P c i __ .~ ~I, ~ ~/ o i1,~ ,,... ~ I! ~:~~ ~, ~= -IS ~ e ~~ p~~~~ ~e-~~ ~, oar MU TIPLE FAMIL Q 12 @SID NTIAL (R?M-1) Q CoM CIAL (CO-20 ., cA ao,~ls So.rr. ~ <` CO CO ~~ ti IIGI_, L.~9 m Ate?.Y ~e_-zo ~~e P~,~ / ~~ co -ego co-zo CG-7-5 r ~P`r C', ~~ J~ ~o eo ~~ ~ ~G -~/. CO-~c0 \~~. ~o-zo P y - ~ P~ Co-BO ~ co-co frJ[s ~ Co-eo < Y~!9-7 S' N~Ttm ~ ~~~ <~ i/ j lei SCE CIO rJINANCI- NC. l.."~ F'-OIE'. ~ ~/S/\ LOU{AL nE-~iCIC'.I~TION OI° 1"HE Af30VE 'LONL~ CI-IANGP. / ~M-1 AMENDMENT T© Tt-tE ZONING CODE AMENDMENT NO. =4~ TO SECTION 7.i?OJ, THE CITY 01= HILO ZONE MAP OF CHAPTH2 8 (ZONWG CODE), AIHTICLE Z, HAWAII COUNTY CODE, AS AMENDOD, DY CHAN aJNG THB OISTIC=ICT CLASSIFICATION Ft~OM MUI._TIPLE FAMILY 2ESIAENTIAL (0..,°M-I) TO OPFICC COM MER_GIAL (CO-LO) AT PItHONUA, SOUTH HILO, HAYVAIl. OATL OF PU6LIC HEAiE.1NC3 ~ JULY Z°J, IJ76 DATE of API°TLO~/AL = OGT Z~, Ia.~7~ OIL°oINANC'C- No. `~-~""~- 8 1°~E PAftF=.BD BY = PLANNING DEpAlETM ENT coUNTY oP HAwAIt 'TMK ~ 'e-~ - f'4 t4 q Hz AUO. Z, 1°76 L~XHI~IT "A '` C Vt•i--7s c,r C AANM AMAU U l--U rivir o z -9, n Al Q z Q �- /f N Q G WAI L LJ he Li re IV L--- �/ s Q /// t -,:i T --/ I- am t IA � �Ilivr Po 1 ipo -1,. ) R'5-.15 } G �J lP PvIP L 7_s P Jr/ -It c sm•E ore-rs r-4 Nr-10E No. ee8 Po- V., LGAL I7EC:1C•II=1 IOf.f OF THE ABOVE ZONE CHANGE`. AMENDMIEN T T4 THE ZONING CODE AMENDMENT NO. ? TO SECTION '7- aD, THE CtT-i OF I--111_0 ZONE MAF,) OF Ct-IAF'TEIZ 8 (ZONING CODE'), AIcTICLE Z, HAV'1AtI COUINT-y CODS, AS AMENDID, ay CI-IANC3JNG THE DISTT.ICT GLASS!FICATIONI F2 OM IY1ULTI1°I__ FAMILY 1 .s—iC:)CNTIAL (2Ni -I) TO OFj=ICE. COMN R°CIAL (CO- O) A•\ F=)I t 1-10 tJ U f,., S O lJ T r-1 r--f I L O, t-1 AY'4 AI l • OAT. OF I°UCsLIC h-1EAT .1NG c JU1_...Y " .. , 1°J'7 L7ATE oF= AF'F'IeON/AL = CC T. 27, I°J7 Go 02C71NA NC'C No. ac'cS I°In. F•Ar�CD BY : F'LANNINI G DC—F'AT -T NA --NT coUNTY of HAWAII TMN = z -.. - 19- - 1-'1 a. zz A U G. 1 -7 ' C X t---I I d I T "A" , , .... ,,,,:Fi ,. . _ am o,, , c „....... \ 0 y R I=AAD ' �AMAUU1_u ^ 1. 1pr -0 .\________--\ , ,x z ,, -9, . , J z \ Q 4 lc Q G -- f/,WA I L LI K Li IEI\/:IL. / I- y cA P / c \22,7-27-4 I;, "'rte ,.,\., P'\�J tS C) NTIAL !:.: Q f , It ....:1--/ T'? -± I C E 0 lip"' C o eof 1, ilk -9, /7 ..._1 s* P- �'L `P er �A 1P L �0 NOTE s O 1 1:e SCE OI[_f ,NANCF NO. L`'-G8 OIL° i LEGAL I'D SCICI r- T I CnP.4 OF THE ABOVE ZOIJL_ CHANGE. AMENDMENT TO THE ZON1NC CODE AMENDNA NT NO. ' TO SECTION ZD, THE Cr-r---r Ot= I-iiLO ZONE MAF? OF CHAPTEre 8 (ZONING CODL), A TICLE Z, HAV4AII COUNTY COt=)[s, AS AN/IENOEr , es--1- CHANC3JNG THE ColST2ICT GLASSI FICAT'ION F2OM MULTIPLE FAMILY I SIDC—NTIAL. (tt3M -I) TO OPt-1CC— COMMEtt°CIAL (CO- .0* AT I°)IHONUA, SOUTH HILO, f-1AYVAII. DATE OF T UL LIC HEA2.1NG c ULiL 1 S'D, I°J7�o IRATE C5 F= API°TeO■/, L : OCT_ 2-7, I°D7�o 01>°CJINANC'C— NO. a s P►✓° PAR°_t c 8-1" : PLANNING DC—)`'A1 TMNT co u 1■T Y a F 1-1 A w A 11 TN1K • 2 --. - I-4 = 1-4 a, -'cZ AUG. 2, IQJ7c CX1--1It s1T "A" APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT ... ~, APPLICANT: Hilo Medical Partnership ~--~ APPLICANT'S SIGNATURE: ~ ~~~>-__~, 'c~yc..~a ~~-~ A/1H NFi li IAi f, ~/f)K'.T A7 ~1~'-. ADDRESS: 1292 Waianuenue Avenue lo, Hawaii 96720 TELEPHONE: 9616631 REQUEST FROM: TAX MAP KEY: RM-1 2-3-14:14 & 22 OWNER: Hilo Medical Parr_r:ership OWNER'S SIGNATURE: ~~ M/~uA61A)~ Fl~i~i;rz APPLICANT'S INTEREST, IF NOT OWNER: N/A (If lessee, must be for at least another 5 years from date of application) APPLICANT'S REASONS FOR REQUESTIi~G A CHANGE OF ZOfdE (Please attach) I. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if ¢pplicable) of the General Pian document. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department.) 2. Please state any other reasons for your request. See attachment A THIS HPPLICATION MUST BE ACCOMPANIED BY: (I) 16 copies of the completed application form. (2) 16 copies of a location map. (3) 16 copies of a site plan with existing and proposed uses (e.g., structures, topography, proposed subdivision). (4) I copy of appropriate questionnaire, (5) any additional information. (6) $100.00 processing fee. FOR OFFICIAL USE: Date Received _ Director's Acti Prelim. Hearing Public Hearing To Council _ _ P.D. i 'L/75 on T0: CO-20 AREA OF PROPERTY: 20.515 square feet (size of parcel) ~'Cku...-o_ ,a-t __e` ~~7 tl~r,, t 1 Civ~V.k, ~c ~U-~cC~~ ~ i KEF!::'.CTI~I FG11YAhhA REALTY 100 NuacLi::.. Room 109 Phcnc 9G1-3084 Hilo, Hewuii 9fi?20 a_ ATTACHMENT A Hilo Medical Partnership is seeking a change of zoning from RM-1 to CO-20 for the following reasons: 1. After being in operation for over 10 years from their former location at 305 Wailuku Drive, Hilo Medical Partnership moved recently to their new and modern facility located above Hilo Hospital. On June 2, 1975, the vacant property was put on the market in order to secure a buyer or leasee. Thus far they have been unsuccessful in locating either a buyer or leasee who is able to utilize the property under its present zoning -- RM-1. Although they have had numerous inquiries from businesses such as a mortuary, a CPA firm, a health club, dental services, and other commercial-type operations, a sale or lease could not be consumated due to the present zoning of the property. The present building is not suited for an apartment or boarding house operation as it would require unjustifiably extensive remodeling. 2. The Hilo Downtown Development Plan "Short-Range Land Use and Parking Plan" (Figure 28, page 86) designates the area as retail and services use. It is therefore believed that this request is consistent with the adopted County plan for the development of ttie Hilo downtown area. It is also felt that the implementation of the Hilo Downtown Development Flan would mean that the area now zoned RM would be eventually changed to CG or CO zoning. 3. As shown in the attached exhibit A the parcel in question is adjacent to properties already zoned as CO-20. ( See Exhibit A ) It is believed that if this rezoningrequest is granted it would not create any adverse conditions in the area. -z- 4. The inability to obtain a buyer or leasee for the vacant building in question is creating undesirable economic consequences for the Hilo Medical Partnership. The property is presently under mortgage to a Hilo banking institution. Hilo Medical Partnership is not a developer or in land speculation and does not wish to retain this property for future profit. 5. As previously stated, market conditions have shown that the property can not be sold in its present zoning designation. It would be totally unfeasible to demolish the present building as it can be used for many more years. It also has been shown that there is a demand for the purchase of the parcel and the building if zoning is granted. Hilo Medical Partnership is requesting the change of zoning from FM-1 to CO-20 f.or the above reasons. If further information about the property and the building is required, please contact Mr. Bill Wong, Business Pfanager, Hilo Medical Partnership, 1292 Waianuenue Avenue, Hilo, Hawaii. CHANGE OF ZONE: HILO MEDICAL PARTNERSHIP The petitioner, the Hilo Medical Partnership, is requesting ~~ ~~~ a change of zone for a 20,515 square foot d from a Multiple-Family Residential - 1,000 square foot (R4'i-1) to a Com- mercial Office - 20,000 square foot (CO-20) zoned district. The area under consideration is the former site of the Hilo Medical Group complex, situated on the south side of Wailuku Street; ap- proximately 50 feet mauka of the Wailuku Street - Ululani Street intersection, Piihonua, South Hilo (TMK: 2-3-14:14 and 22). The petitioner is requesting this change of zone to allow the establishment of commercial uses in the existing structure situated or. the subject property. The former medical service operation was a non-conforming use relative to the permitted uses as stipulated within the Multiple Residential (RM) zoned district. This use was terminated in June of 1575. The Zoning Code states that if any non-conforming use is terminated for a period of twelve (12) months, then such use shall not be resumed and any use of the land shall be in full conformity with the provisions of the Code. As such, the existing building may--be used f_or similar types of uses provided that it rs occupied prior to June of this year. The petitioner, however, has indicated other uses for that building, consequently, requiring a zone change.` In support of the request, the petitioner has stated the fol- lowing: "After being in operation for over 10 years from their former location at 305 Wailuku Drive, Hilo Medical Partnership Change of Zone Hilo Medical Partnership Page 2 moved recently to their new and modern facility located above Hilo Hospital. On June 2, 1975, the vacant property was put on the market in order to secure a buyer or lessee. Thus far, they have been unsuccessful in locating either a buyer or lessee who is able to utilize the property under its pres- ent zoning - RM-1. Although they have had numerous inquiries from businesses such as a mortuary, a CPA firm, a health club, dental service, and other commercial-type operations, a sale or lease could not be consummated due to the present zoning of the property. "The Hilo Downtown Development Plan 'Short-Range Land Use and Parking Plan' (Figure 28, page 86) designates the area as retail and service use. It is therefore believed that this request is consistent with the adopted County plan for the development of the Hilo Downtown area. It is also felt that the implementation of the Hilo Downtown Development Plan would mean that the area now zoned RM would eventually change to CG or CO zoning. ~As shown in the attached Exhibit A~)the parcel in ques- tion is adjacent to properties already zoned as CO-20. (See Exhibit A)o It is believed that if this rezoning request is granted it would not create any adverse conditions in the area. "The inability to obtain a buyer or leasee for the vacant building in question is creating undesirable economic conse- Change of Zone Hilo Medical Partnership Page 3 quences for the Hilo Medical Partnership. The property is presently under mortgage to a Hilo banking institution. Hilo Medical Partnership is not a developer or in land speculation and does not wish to retain this property for future profit. "As previously stated, market conditions have shown that the property cannot be sold in its present It would be totally unfeasible to demolish as it can be used for many more years. It that there is a demand foY the purchase of building if zoning is granted." The General Plan Land Use Pattern Allocati~ zoning designation. the present building also has been shown the parcel and the ~n Guide Map desig- nates the area for High Density Urban Development which may allow commercial uses. Although the Hilo Community Development Plan (Hilo CDP) 7.one Guide Map suggests the area be used for multiple residential uses, the Hilo Downtown Development Plan (Hilo DDP), which was adopted as Ordinance No. 439 to implement a program to revitalize downtown Hilo, designates the area for retail and service uses. The Hilo CDP zone guide map suggests that the lands adjacent to the property in question along P7aianuenue Avenue be considered for General Commercial uses. The present County zoning for these lands along Wai.anuenue Avenue is Office Commercial (CO). Presently situated on the subject area is a 5,122 square foot wood frame structure. Surrounding land uses include single family dwellings, the 12-unit Ululani Apartments, the Hilo Methodist Change of Zone Hilo Medical Partnership Page 4 Church, the Hawaii Public Library, and various service oriented businesses and non-profit organizations. The Wailuku River Basin is situated directly across Wailuku Street from the sub- ject area. There is no public sewage system in the area. The nearest system is located on Waianuenue Avenue, approximately 390 feet away. The present means of sewage disposal is by cesspool. In light of this situation, the Department of Public Works ccmmented that "Caution should be made on the type of business allowed to operate in this area. A business that uses lots of water may cause cesspool problems." ~ ~% ~~ The Department of Health expressed concerns that the "Existing sewage waste disposal might be insufficient for certain types of commercial business that would generate a large volume of sewage 'and liquid wastes." In regards to the water situation, the Department of Water Supply had the fallowing corunents: "We have no adverse objections to this change of zone request. There is only a 2-inch waterline fronting this property, which is currently serviced through a 5/8-inch residential meter connection. In view of this, should. any intended development be a consequence of tkris change of zone requa_st and which would require more water than could be provided throv.gh the existing meter, then the developer should Change of Zone Hilo Medical Partnership Page 5 be informed that he must make a waterline extension from the nearest adequately sized main. For your information, the nearest adequate water mains are near the Ululani Street - Wailuku Drive intersection." Access to the property is via Wailuku Street which has a 50-foot right-of-way and a s:ta -foot pavement. The Department of Police revie~oed the request for traffic considerations and had the following concerns: "We have reviewed the change of zone application by Hilo Medical Partnership for traffic considerations. Since Hilo Medical C.iini.c moved from this .location, traffic congestion is no longer a problem on Wailuku Drive between Kaiulani and Ululani Streets. Any kind of commercial activity will generate traffic in this area. It is recommended that ade- quate of.f-street parking be provided to alleviate traffic congestion on Wailuku Drive." The Department of Research and Development had the following coirunents "We have no overriding reason for approving or denying a change of zone from RM-1 to CO-20 for the subject parcel. I-Iowever, the specific commercial use may be assured undesir- able for reasons such as parking requirements, traffic, noise, different than normal business hours, etc. To accom- modate the adjacent lot owners we suggest that: some restrictive Change of Zone Hilo Medical Partnership Page 6 covenant be placed on this parcel to insure that the future use will not be in conflict with uses of adjacent parcels." All other cooperating agencies had no comments on or objec- tions to the request. Hilo, Hawaii Date: October 6, 1976 FIRST READING AYES NOES A/E Car enter X De Luz X Fujii X Hisaoka X Kawahara W/R Lai X Levin X Yadao X Yamada X 9 Publication Date: October 11, 1976 Hilo, Hawaii Date: October 20, 1976 SECOND & fINAL READING AYES NOES A/E Carpenter X De Luz X Fujii X Hisaoka X Kawahara X lai X Levin X Yadao X Yamada X 9 Publication Date: (?C'T 3 ~ '~~~ We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED ., r, FORM ~~..,, ~. i sawn Date: Approved»p~d.~~hJis-day of ~~_ Mayor, County of Hawaii C~- Council Chairman County Clerk Bill No. 245 Reference:... C _2033/PRDLC-85 M.B. No. __. 13 Ord. No. ,_ -'-,--~~-- . Ted T. Suzuki COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HIl0, HAWAII 96720 Mayor Herbert T. Matayoshi County o£ Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 245 passed by the County Council on second and Final reading. 01 COUNTY CLERK Encl. Dated: October 21, 1976 Bill No. 245 - 1976 AN ORDINANCE AMENDING SECTION 7.29, THE CITY OF HZLO ZONE MAP, CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO OFFICE COMMERCIAL (CO-20) AT PIIHONUA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-14:14 AND 22. 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 Multiple Family Residential (RM-1) to Office Commercial (CO-20) at Piihonua, S. Hilo. Date Introduced: October 6, 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 October 6 1976, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levin, Yadao and Chairman Yamada - 9. NOES: None. ~~ COUNTY CLERK COUNTY OF HAWAII ORDINANCE NO. 228 (Bill No. 245-1976) 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 CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO OFFICE COMMERCIAL (CO-20) AT PIIHONUA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-14:14 and 22. Date Approved: October 20, 1976 Date Effective: October 27, 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 October 20, 1976, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levin, Yadao and Chairman Yamada - 9. NOES: None. ~~ COUNTY CLERK COUNTY OF HAWAII ~ow~wrna.-~..~s..-.. »o r..mxuKi ` CONNrV CLNIIK .,r -COUNT' M NAWAII. 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