HomeMy WebLinkAboutORD 1995-033 1994-1996COUNTY OF HAWAII , ,'.;STATE OF HAWAII
BILL NO. z i
(Draft 2)
ORDINANCE NO. 95 33
AN ORDINANCE AMENDING
ARTICLE 3, CHAPTER 25
CHANGING THE DISTRICT
RESIDENTIAL (RS-7.5)
COMMERCIAL (CN-10) AT
COVERED BY TAX MAP KE
SECTION 25-114 (CITY OF HILO ZONE MAP),
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CLASSIFICATION FROM SINGLE FAMILY
AND AGRICULTURAL (A-la) TO NEIGHBORHOOD
PUNAHOA 1ST AND 2ND, SOUTH HILO, HAWAII,
~' 2-3-35:16.
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 southwest corner of this parcel of land and
on the northeasterly side of Komohana Street, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "HALM " being 103.21 feet North and
688.32 feet West and running by azimuths measured clockwise
from True South:
1. 140° 40' 70.00 feet along Komohana Street;
2. 232° 49' 374.30 feet along Lots 3, 4, 5, 6 and
7 of the subdivision 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. 322° 49' 70.00 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. 52° 49' 27" 371.67 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 to the point of
beginning and containing an
Area of 26,100 Square Feet or
0.599 Acre. (Refer to Parcel
1 as shown on Exhibit "A".)
The district classification of the following area
situated at Punahoa 1st and 2nd, South Hilo, Hawaii, shall be
Neighborhood Commercial (CN-10):
PARCEL 2:
Beginning at the northwest corner of this parcel of land and
on the northeasterly side of Komohana Street, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "HALM " being 103.21 feet North and
688.32 feet West and running by azimuths measured clockwise
from True South:
1. 232° 49' 27" 371.67 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. 322° 49' 106.16 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. 328° 13' 295.21 feet along the remainder of
R.P. on Confirmation 1946,
-2-
Number 1 to D.B. Lyman, L.C.
Aw. 387, Part 4, Section 1 to
American Board of
Commissioners for Foreign
Missions;
4. 58° 02' 10" 69.26 feet along Lot 9 of Komohana
79 Subdivision;
5. Thence along Road A of Komohana 79 Subdivision, along
a curve to the left having a
radius of 45.00 feet, the
chord azimuth and distance
being:
102° 55' 35" 63.76 feet;
6. 147° 49' 192.65 feet along Lot 10 of Komohana
79 Subdivision;
7. 57° 49' 246.89 feet along Lots 10 and 11 of
Komohana 79 Subdivision;
8. Thence along Komohana Street, along a curve to the
left having a radius of
2040.00 feet, the chord
azimuth and distance being:
140° 53' 48" 16.38 feet;
9. 140° 40' 115.16 feet along Komohana Street to
the point of beginning and
containing an Area of 80,037
Square Feet or 1.838 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 applicant, its successors, or assigns shall be
responsible for complying with all of the stated
conditions of approval.
-3-
B. The applicant shall secure Final Plan Approval of the
proposed commercial development from the Planning
Director. Plans to be submitted shall indicate a minimum
50-foot structural setback from the subject property's
northwestern property boundary. Plans shall also include
a minimum 6-foot high privacy wall or landscaping buffer
along the subject property's common boundaries with
adjoining single family residential properties along
Punahele Street for the purpose of mitigating any
potential adverse noise and visual impacts. Should a
landscaping buffer be utilized for this purpose, it shall
be provided to the extent that a continuous, unbroken,
heavy planting screen, no less than 6 feet in height, is
established prior to the issuance of a certificate of
occupancy for any portion of the commercial development.
C. Construction of the proposed commercial development shall
be completed (Certificate of Occupancy) within five (5)
years from the effective date of this ordinance.
D. Access to the subject property from Pu'uhonu Street shall
meet with the approval of the Department of Public Works.
Access to the subject property from Punahele Street shall
not be permitted.
E. The widening and realignment of that portion of Komohana
Street in the vicinity of its intersection of Pu'uhonu
Place, the installation of a left-turn storage lane, and
all attendant signing, striping and street lighting
improvements, shall be provided at or in the vicinity of
the Komohana Street-Pu'uhonu Street intersection for the
purpose of improving sight distance from Pu'uhonu Place
along Komohana Street. These roadway improvements shall
be provided in a manner meeting with the approval of the
-4-
Department of Public Works, prior to the issuance of a
Certificate of Occupancy for the establishment of any
commercial use on the subject property.
F. Commercial-standard curb, gutter, sidewalk and related
pavement improvements shall be provided along the subject
property's entire Komohana Street frontage in a manner
meeting with the approval of the Department of Public
Works, prior to the issuance of a Certificate of
Occupancy for the establishment of any commercial use on
the subject property. In lieu of constructing commercial-
standard curb, gutter, sidewalk and related pavement
improvements, the applicant may contribute a monetary fee
in the sum of eight thousand dollars ($8,000) to the
County of Hawaii to be used for roadway improvements in
the vicinity of the subject property. The entire payment
shall be paid prior to the issuance of a Certificate of
Occupancy for the establishment of any commercial use on
the subject property.
G. On-site drainage improvements, if required, shall be
installed in a manner meeting with the approval of the
Department of Public Works, prior to the issuance of a
Certificate of Occupancy for the establishment of any
commercial use on the subject property.
H. Should any unidentified sites or remains, such as
artifacts, shell, bone or charcoal deposits, human
burials, rock or coral alignments, pavings or wall be
encountered, work in the affected area shall cease and
the Planning Director immediately notified. Subsequent
work shall proceed upon an archaeological clearance from
the Planning Director when it finds that sufficient
mitigative measures have been taken.
-5-
I. Comply with all applicable laws, rules, regulations and
requirements of the affected agencies, including those of
the Department of Health and the Fire Department.
J. Should the Council adopt a Unified Impact Fees Ordinance
setting forth criteria for the imposition of exactions or
the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified
Impact Fees Ordinance.
K. 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 applicants, 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) .
5. If the applicant should require an additional
extension of time, the Planning Director shall submit
-6-
the applicant's request to the County Council for
appropriate action.
Should any of the conditions not be met or substantially
complied with in a timely fashion, the Director shall
initiate rezoning of the area to its original or more
appropriate designation.
SECTION 3. In the event that any portion of the 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.
INTR D B `~~~
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'COUNCIL MEM R, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: February 15, 1995
Date of 1st Reading: February 15, 1995
Date of 2nd Reading: March 1, 1995
Effective Date: March 7, 1995
APPROV b AS TO FORM AND LEGALITY:
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AMENDMENT TO THE ZONING CODE
A-la I
AMENDING SECTION z5-114 (CIT7' OF HILO ZONE t~'IAP)
AT~TICLE ~, CI-tA1°Tf=1~ ~S (ZONINC'~ CODC~ OP THC-
HAV~tAII COUNTY' COME, 87 CHANGING THC 171ST1~1C'f
CLASSIFICATION PROM S1NGt-E FAMILY ~C51t71=1~t-
TtAL (IBS-75) ANL7 AGI?1CULTUI~A1_ (A-la) TO
NC-IC3HB01Q1i00>7 COM1~'IE1~CIAL (CN-10) AT -~UNAHOA
I ST AND 2NC71 SOUTH }-its.-o, I-fA1NAl1-
pRCPARB9 67' ~ 1°LANNiNG OcpAFtTMENT
cOU NT7' op I-fAWAII
TMK ~-~-35 = 16
SCI°T. B, t°.~94
(G G~LO CAG PARTN ~R51-IIP~AILAN TAKA°~E~ M. O.~
EXHIBIT IIAII
OFFICE OF THE COUNTY CLERK
Cotutty of Hawaii
Hilo Hawaii
(DRAFT 2) ' q (r~, ^. n ,~
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Keola Childs
February 15, 1995
February 15, 1995
N/A
ROLL CALL VOTE
AYES` , ~ ~iOES ABS . ,-EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domino X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
Second Reading: -March 1. 1995
To Mayor: March 2, 1995
Returned: March 7. 1995
Effective: March 7, 1995
Published March 15, 1995
REMARKS:
I DO HEREBY CERTIFY that the foreg
indicated above. APPROVETJ a
FORGO atXi L;,G
JRPORATION COUC:SEL
COUNTY Of HAWAII
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith X
8 0 1 0
BILL was adopted by the County Council and published as
Date !~ 7
Approve"end'/ D~i`s ~=_~ -
of / r~-v-v 19~_.
MAY OLBVTY OF HAW I
BillNo.: 21 (Draft 2)
Referrnce: C-140/PC-19
ord. No.: 33