HomeMy WebLinkAboutORD 1995-063 1994-1996COUNTY OF HAWAII ;~'~;STATE OF HAWAII
BILL NO. 61
(Ilraft 2)
ORDINANCE NO. 95 63
AN ORDINANCE AMENDING SECTION 25-95E (LALAMILO-PUUKAPU ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL
(ML-20) AND MULTIPLE FAMILY RESIDENTIAL (RM-2) TO VILLAGE
COMMERCIAL (CV-7.5) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY
TAX MAP KEY 6-7-2:14, 34 AND PORTION OF 17.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95E, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be Village
Commercial (CV-7.5):
PARCEL l:
Beginning at a found cut "--" on rock at the North corner of
this parcel, also being the Westerly side of Lucy K. Henriques
Hospital Parcel (TMK:6-7-02:13), the coordinates of said point
of beginning referred to Government Survey Triangulation
Station "EAST BASE" being 771.37 feet North and 13,973.88 feet
West, thence running by azimuths measured clockwise from True
South:
1. 326° 37' 17"
2. 326° 36' 47"
3. 326° 37' 17"
196.69 feet along Hospital Site
(TMK:6-7-02:13), along
remainder of L.C. Aw. 8521-B
to G.D. Hueu to found pipe;
106.19 feet along remainder of L.C.
Aw. 8521-B to G.D. Hueu to a
found cut "+";
86.84 feet along the remainder of
L.C. Aw. 8521-B, Apana 1 to
G.D. Hueu to a point;
4. 26° 00' 17" 65.66 feet along Deed: Hawaiian
Homes Commission To Richard
Smart to a point;
5. 68° 28' 47" 162.44 feet along a stonewall, along
remainder of L.C. Aw. 8521-B,
Apana 1 to G.D. Hueu to a
point;
Thence, along th e remainder of Royal Patent 5671,
L.C. Aw. 8521-B, Apana 1 to
G.D. Hueu for the next eight
(8) courses;
6. 40° 40' 47" 229.71 feet to a point;
7. 132° 24' S1" 229.62 feet to a point;
8. 144° 30' 12" 204.18 feet to a point;
9. 233° 37' 07" 185.67 feet to a point;
10. 319° 18' 47" 20.96 feet to a point;
11. 229° 18' 47" 127.13 feet to a point;
12. 139° 18' 47" 11.39 feet to a point;
13. 233° 37' 07" 187.78 feet to the point of beginning
and containing an area of
4.133 acres. (Refer to Parcel
1 as shown on Exhibit "A".)
The district cla ssification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be Village
Commercia l (CV-7.5):
PARCEL 2:
Beginning at a point at the West corner of this parcel, the
coordinat es of said point of beginning referred to Government
Survey Tr iangulation Station "EAST BASE" being 386.93 feet
North and 13,788.24 feet West, thence running by azimuths
measured clockwise from True South:
1. 206° 00' 17" 65.66 feet along the remainder of
Royal Patent 5671, L.C.
Aw. 8521-B Apana 1 to G.D.
Hueu to a point;
-2-
2. 326° 37' 17" 45.33 feet along remainder of Deed:
Hawaiian Homes Commission to
Richard Smart to a point;
3. 68° 30' 47" 46.20 feet along L.C. Aw. 4037 to
A.D. Allen to a point;
4. 68° 28' 47" 11.54 feet along L.C. Aw. 4037 to
A.D. Allen to the point of
beginning and containing an
area of 1,281 square feet.
(Refer to Parcel 2 as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be Village
Commercial (CV-7.5):
PARCEL 3:
Beginning at a point at the North corner of this parcel, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "EAST BASE" being 104.81 feet
North and 14,089.11 feet West, thence running by azimuths
measured clockwise from True South:
Thence, along the remainder of Royal Patent 5671,
L.C. Aw. 8521-B Apana 1 to
G.D. Hueu (TMK:6-7-02:POr 17)
for all four (4) courses;
1. 311° 25' 00" 75.00 feet to a point;
2. 41° 25' 00" 100.00 feet to a point;
3. 131° 25' 00" 75.00 feet to a point;
4. 221° 25' 00" 100.00 feet to the point of beginning
and containing an area of
7,500 square feet. (Refer to
Parcel 3 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:
-3-
A. The applicant, successors, or assigns shall be
responsible for complying with all of the stated
conditions of approval.
B. A certificate of occupancy shall be secured for
the expansion within three years from the
effective date of this change of zone.
C. Final Plan Approval for the proposed expansion
shall be secured from the Planning Department.
Plans shall identify existing structures,
landscaping, interior alterations, driveway
access and parking stalls.
D. Sewer lines shall be installed meeting with the
approval of applicable agencies prior to issuance
of a certificate of occupancy for eventual tie in
to the proposed wastewater treatment plant.
E. A solid waste management plan shall be prepared
meeting with the approval of the Department of
Public Works prior to submitting plans for plan
approval review. The plan shall include, but not
be limited to, the management of solid waste
generated from the construction and operating
phase of the proposed development. Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting
with the approval of the Department of Public
Works.
F. An archaeological survey report and, if
applicable, a mitigation plan, shall be submitted
for review and approval by the Planning
-4-
Department, in consultation with the Department
of Land and Natural Resources-Historic
Preservation Division, prior to submittal of
plans for final plan approval or land
alterations, whichever occurs first.
G. Traffic and roadway improvements shall be
provided as follows:
1. Traffic signals and accompanying
intersection improvements, including the
conversion of the existing two-way
continuous left-turn storage lane to a
minimum 125-foot long single left-turn
storage bay, shall be installed at the
Pukalani Road-Mamalahoa Highway
intersection meeting with the approval of
the Department of Public Works prior to
issuance of a certificate of occupancy
for the expansion affected by this
ordinance.
2. Pukalani Road shall be widened to
commercial standards having a 60-foot
wide right-of-way with 36-foot wide
pavement with curbs, gutters and
sidewalks and stop signs at the
unsignalized driveway exits prior to the
issuance of a certificate of occupancy
for the expansion. Pukalani Road shall
be constructed to dedicable standards if
it is to be dedicated to the county.
-5-
H. Should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the
imposition of exactions of the assessment of
impact fees, conditions included herein shall be
credited towards the requirements of the Unified
Impact Fees Ordinance.
I. 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; and
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).
-6-
J. 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.
SECTION 3.
ordinance is decla
the other parts of
SECTION 4.
approval.
In the event that any portion of this
red invalid, such invalidity shall not affect
this ordinance.
This ordinance shall take effect upon its
INTRODUCED BY:
~~~I~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 19, 1995
Date of 1st Reading: April 19, 1995
Date of 2nd Reading: May 3, 1995
Effective Date: May 10, 1995
AP°yP///R/~/(/y~•,7ED A{/S//, TO FO AND LEGALITY:
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~~s~JTY CORPORATION COU//NSEL
DATE : J /~ // >~
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O MULFAMILY RESIDENTIAL (RM-2) L1MIDUSTRIAL (ML-20) I
TO VILAGE COMMERCIAL (CV-7.5) TO VILLAGE COMMERCIAL (CV-7.5)
AREA = 1,281 50. Ff. AREA = 7,500 SO.Ff.
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-95E (LALAMILO - PUUKAPU ZONE MAP) ARTICLE 3, CHAPTER 25
FROMNLIM TED INDUSTR AL (MLI! 20) AND MUDLTI~PLE FAMILY IRES DENTDIAL (RM-2) TOI VILLAGE
COMMERCIAL (CV-7.5) AT WAIKOLOA, SOUTH KOHALA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 6-7-2:14,34 AND PORTION OF 17 FEBRUARY 7, 1995
_XHIBIT ^A„ (RICHARD SMART)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo .Hawaii
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Keola Childs
April 19, 1995
April 19, 1995
N/A
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
MaV 3. 1995
May 4, 1995
May 10, 1995
Mav 17. 1995
I DO HEREBY CFe1ZTl~fgL.113efor
indicated above. II APPP.OVED as Po
~OR~tA andikEG,.LI
~RPORATION COUNSEL
COUNTY OF HAWAII
Dote MAY 91995
Approved/De9appreeredthis ~~ day
ofd ,19 9')~
R, COLiN1Y O WAII
ROLL CALL VOTE
AYES NQES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domino X
Osorio X
Rath X
Ray X
Smith X
8 0 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson }{
Childs X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith }{
7 0 2 0
adopted by the County Council and published as
~« ~.-~
CLERK
Bt11No.: 61 (Draft 2 )
Reference: C-266/PC-41
Ord. No.: