HomeMy WebLinkAboutORD 1988-003 1988-1992COUNTY OF HAWAIL,,~',~,.STATE OF HAWAII
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BIII N0. 448
ORDINANCE NO.
SS 3
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 AGRICULTURAL
(A-la) AND MULTIPLE FAMILY RESIDENTIAL (RM-4) TO NEIGHBORHOOD
COMMERCIAL (CN-10) AT PUNAHOA 1ST AND 2ND AND PONAHAWAI, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-35:16 (PORTION).
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 properties described hereinafter as
follows:
The district classification of the following area
situated at Punahoa 2nd, South Hilo, Hawaii, shall be
Neighborhood Commercial (CN-10):
Parcel 1
Beginning at the northwest corner of this parcel of land
and on the northeast side of Komohana Street, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being
1.43 feet North and 605.00 feet West and running by
azimuths measured clockwise from True South:
1. 237° 49' 246.89 feet along the remainder of
R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions;
2. 327° 49' 192.65 feet along the remainder of
R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions;
3. Thence along the remainder
of R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions, along a curve to
the left having a radius of
45.00 feet, the chord azimuth
and distance being:
37° 45' 25.5" 30.87 feet;
4. Thence along the remainder
5. 57° 49' 158.72
6. Thence along the remainder
of R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions, along a curve to
the right having a radius of
45.00 feet, the chord azimuth
and distance being:
37° 45' 25.5" 27.44 feet;
feet along the remainder of
R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions;
of R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions, along a curve to
the right having a radius of
20.00 feet, the chord azimuth
and distance being:
102° 11' 27" 27.97 feet;
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7. Thence along Komohana Street, along a curve to the left
having a radius of
2,040.00 feet, the chord
azimuth and distance being:
143° 50' 45" 193.56 feet to
the point of beginning and
containing an area of
1.148 Acres. (Refer to
Parcel 1 as shown on
Exhibit "A")
The district classification of the following area
situated at Punahoa 1st and 2nd and Ponahawai, South Hilo,
Hawaii, shall be Neighborhood Commercial (CN-10):
Parcel 2
Beginning at the southwest corner of this parcel of land
and on the northeast side of Komohana Street, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being
519.16 feet South and 299.95 feet West and running by
azimuths measured clockwise from True South:
1. Following along Komohana Street, along a curve to the
left having a radius of
2,040.00 feet, the chord
azimuth and distance being:
152° 21' O1" 411.27 feet;
2. Thence along the remainder
of R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions, along a curve to
the left having a radius of
20.00 feet, the chord azmith
and distance being:
282° 11' 27" 27.97 feet;
3. 237° 49' 158.72 feet along the remainder of
R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions;
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4. Thence along the remainder
5. Thence along the remainder
6. 238' 02' 10" 69.26
7
8
of R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions, along a curve to
the left having a radius of
40.00 feet, the chord azimuth
and distance being:
217° 45' 25.5" 27.44 feet;
of R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions, along a curve to
the right having a radius of
45.00 feet, the chord azimuth
and distance being:
262° 52' 00.5" 81.68 feet;
feet along the remainder of
R.P. 5707, L.C. Aw. 463 to
Kuihelani for E.
Kahakumakaliua and the
remainder of R.P. on
Confirmation 1946, Number 1
to D.B. Lyman, L.C. Aw. 387,
Part 4, Section 1 to American
Board of Commissioners for
Foreign Missions;
304° 21' 230.00 feet along the remainder of
R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions;
275° 30' 76.00 feet along the remainder of
R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions;
-4-
9. 31° 45'
10. 345° 40'
11. 75° 40'
146.89 feet along the remainder of
R.P. on Confirmation 1946,
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions and along the
remainder of Grant 252 to
B. Pitman;
163.55 feet along the remainder of
Grant 252 to B. Pitman;
367.60 feet along the remainder of
Grant 252 to B. Pitman to the
point of beginning and
containing an area of
4.180 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A")
All as shown on the map attached hereto, marked Exhibit
"A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicants, successors,
or assigns shall comply with all of the stated conditions of
approval; (B) subdivision plans shall be submitted to the Planning
Department within one year from the effective date of the zone
change. Final subdivision approval shall be secured within two
years from the effective date of the zone change; (C) a minimum
30-foot wide roadway easement between the subject property and the
medical complex (Ka Waena Lapa'au) to the south and a drainage
system meeting with the requirements of the Department of Public
Works shall be installed in conjunction with the subdivision
approval process• (D) the method of sewage disposal shall meet
with the requirements of the State Department of Health and/or
-5-
County Department of Public Works; (E) a minimum 4-foot wide
asphalt-concrete curb for pedestrian use shall be provided along
the makai side of Komohana Street between the entrance to the
subject property and Punahele Street; (F) all other applicable
rules, regulations and requirements, except as may be herein
modified, shall be complied with; and (G) an extension of time for
the performance of conditions within an ordinance may be granted
by the Planning Director upon the following circumstances: a) the
non-performance is the result of conditions that could not have
been foreseen or are beyond the control of the owners, and that
are not the result of their fault or negligence; b) granting of
the time extension would not be contrary to the general plan or
zoning code; c) granting of the time extension would not be
contrary to the original reasons for the granting of the change of
zone; d) 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); and e) 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. Further, should any of the conditions not be met or
substantially complied with in a timely fashion, the Director may
initiate rezoning of the area to its original or more appropriate
designation.
-6-
SECTION 3. In the event that any portion of this ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinace.
SECTION 4.
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
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COUNCIL MEMBER, NTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
December 14, 1987
December 14, 1987
January 6, 1988
Januar~~ 18, 1988
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AREA = 1.148 A~~RES
O PARS CEL 2 ~'~ A
Mu~.TIpL.E FAMiL.y
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To NEIGHBORHOOD
COMMCRCIAL~ (CN-10)
AREA = 4-ISO.'ACRES
AMENDMENT TO THE ZONING ~ CODE
AMENDING SCC.-7-ION ~5-114 (G1TY O~ HiLD zoNC
MA1°) AI'~TICLE 3, CHA1°TC~ 25 (ZONING CoOE~
OF THE HAWA11 CoUN'TY CopC--, t3~( CHANGING
THC )STRICT CLASSIFICATION FT'?OM AGI'Q1CUL-
Tu~AL (A-tq AND MULTIPLE FAM1L.~( I~CSIDEN-
TIAL (RM-4 To NCIGH19oIQHOOP COMME(~C1A~--
(GN--o) AT i''UNAHOA 1ST ANO ZT~1L7, ANG
PoNAHAi~VAt, SouTH H1L.o, HAWAII_
p REPARCC~ I3Y PL!-~NNIN6 DCI°AI~TMCNT
GoUNTY o~ HAWAII
TMK =~-3-3s = 16 (poRT1oN) OcT 13, 187
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EXHIBIT CIA"