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Home My WebLink AboutBIL 089 Draft 01 2000-2002 ~O~TNr~°~ C)1~ ~~~II ~"I'~~` t~1~VII ~ILI~ N®. 89 OIZI7INANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-14:42. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, 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 Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS-10): Beginning at an iron found at the southeast corner of this parcel of land, also being the northeast corner of Lot 28, the coordinates of this point of beginning referred to Government Survey Triangulation Station "HALAI" being 8,335.73 feet South and 5,986.88 feet East and thence running by azimuths measured clockwise from true South: 1. 85° 40' 00" 222.00 feet along Lot 28 to a spike found on the right-of--way of Kanoelani Drive; 2. 175° 40' 00" 120.00 feet along the right-of--way of Kanoelani Drive to a pipe set at the right-of--way of Puainako Street; 3. 265° 40' 00" 222.00 feet along the right-of--way of Puainako Street to a drill hole in a wall; 4. 355° 40' 00" 120.00 feet along Lot 513-B to the point of beginning and containing an area of 26,640 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this ordinance. C. Access for the proposed vacant lot shall be limited to Kanoelani Street and meet with the approval of the Department of Public Works. All driveway connections to county roads shall conform to Chapter 22, Streets and Sidewalks of the Hawaii County Code. D. The applicant shall provide a 5-foot future road widening strip along Kanoelani Street. In addition, the applicant shall also provide a minimum 30 feet radii future road widening setback along Kanoelani Street meeting with the approval of the Department of Public Works. E. Comply with all applicable rules, regulations and requirements of the affected agencies for approval of the proposed development. F. 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. G. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, 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 maybe extended for up to one additional year). H. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this 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. INTRODUCED BY: r _ ~ e ' ~ -...A._.~,.--- , ( COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ~f~' 299. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: ~'S-lO KS-lO KS-lO Walkea z°," ~ SINGLE FAMILY W ~ RESIDENTIAL (RS-15) schools ~ ~ TO SINGLE FAMILY ~ RESIDENTIAL, (RS-10) Co ma l e x AREA: 26"640 Sq. Ft. ,es-lo ,~s-lo .es-lo PUAINAKO STREET KS-l5 ,PS / 5 KS-l5 IaJ ~ w 8,335.73 S s- ~ 5,986.88 E ~ K5-15 ~ "HALA!" ~ ~ ~ KS 5 lal W 1/1 W ~ MIKA'ELE PL RS-l5 Ks-/5 KIA'I PL. Rs-l5 RS /O RS-l5 R's-l5 .('S-/5 HO'OMAKOA Z _ PL. ~ Q lal ~ K5-15 ~ ~ Q a ~ o ~ ~ a z ~ z O 3 a z ~s-/5 ~ ~P5-15 Y Q z ~T T~ TAE ®IN ~ AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 8Y CHANGBNG THE DISTRICT CLASSIFBCATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED 13Y PLANNING DEPARTIeeIENT COUNTY OF I-IAWAII TMK 2-4-14: 42 JULY 9, 2001 E~CI"III~IT ee~r~ (OKUTAU, LLC)