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HomeMy WebLinkAboutORD 1988-003 1988-1992COUNTY OF HAWAIL,,~',~,.STATE OF HAWAII ~.~ •.. 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; -2- 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; -3- 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: ~/"~~'~ 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 -7- r= ~. H AV rrs tc , A Iw OF•HN R°+-ZS r~ s .. oPFN RS -7.5 MALAI" A-lo ~~ ~ ~iti ~- A !a ~1.4a PJ C.^~-:.nn Vv ~ -n HALM" p HAWAII INTAKE Arv0 COMMIIN QTY GDRRC-CTIa NA~~ CC-NTC-!~ r?s-mss ~ ~J ~J JG J PP G` ~ ,f R~25 r~~-zs R9-]-°. A la •- N \- ~\ ~~ - \ _ _ ~~ V A ~ ~ \ ~~\ KA Iy AENA LAPA AV ~ -~,.\ -~ ~-,. -~~\ MC-pICAL CC-NTC-R , . \ v 2 ,~_~ \ _ ...._ \.. \\~ A a5 W ~, P ~y~~~ ~ P ~O ~O ~._ ~_ s TRVC NORTH SCALE 1 'ZOO' ~'~ \~, i \\yy._ /y~-C ~v I, R _` ~\ i i O PAr-tccL t i~ AGRICLJLTURAI.- (A-la TO NEIGHBpRHo0t7 coMMCRC1At- (cN-lo) AREA = 1.148 A~~RES O PARS CEL 2 ~'~ A Mu~.TIpL.E FAMiL.y RESIDENTIAL (RM-4) 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 ~s EXHIBIT CIA"