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Home My WebLink AboutBIL 139 Draft 01 2000-2002 COLJN'I'Y O~ A°' - S'TA°I~~ OF I~AAI`I SILL NO. 13 9 ORDINANCE 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 AGRICULTURAL (A-la) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT KUKUAU 2ND, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-50:71. 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 Kukuau 2"d, South Hilo, Hawaii, shall be Single Family Residential (RS-10): Beginning at the north comer of this parcel of land, being the west corner of Lot 20, Sunrise Ridge Subdivision, Unit 2-B and being the northeast corner of Government Land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3,094.85 feet South and 616.16 feet West, thence running by azimuths measured clockwise from True South: 1. 318° 51' 13" 146.96 feet along Lot 20, Sunrise Ridge Subdivision, Unit 2-B; 2. 35° 17' 40.00 feet along Lahou Street; 3. Thence along Lahou Street, along a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being: 326° 33' 51.5" 83.86 feet; 4. Thence along Park Site, along a curve to the left with a radius of 12.00 feet, the chord azimuth and distance being: 40° OS' 21.5" 14.70 feet; 5. 2° 20' 167.75 feet along Park Site; 6. Thence along Park Site, along a curve to the right with a radius of 412.00 feet, the chord azimuth and distance being: 5° 40' 03.5" 47.93 feet; 7. Thence along Park Site, along a curve to the Left with a radius of 20.00 feet, the chord azimuth and distance being: 343° 38' 35.5" 17.13 feet; 8. Thence along Park Site, along a curve to the right with a radius of 34.00 feet, the chord azimuth and distance being: ' 7° 13' 32" 51.27 feet; 9. 326° 10' 74.13 feet along Park Site; 10. 35° 41' 30" 289.37 feet along Lot 327, Land Court Application 1205 (Map 73); 11. 139° 09' 4.00 feet along Road Lot "D", a portion of Royal Patent 5706, Land Commission Award 8521-8, Part 2 to G.D. Hueu; 12. 182° 21' 40" 801.40 feet along Government Land to the point of beginning and containing an area ~f 1.7817 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. . SECTI®N 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. E. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of the ordinance. -2- C. All driveway connections to Lahou Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Applicant shall repair the sidewalk fronting the subject property, meeting with the approval of the Department of Public Works. D. Wastewater disposal shall be connected to the County's sewer system, meeting with the rules and regulations of the Department of Environmental Management. E. Restrictive covenants in the deeds of all the proposed lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. G. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies. -3- H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or 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 applicant, its 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 the applicant's request to the County Council for appropriate action. -4- J. 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: ~ CIL MEMBER, COUNTY OE HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 428 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- N 0 ~ o µ5 ~ W I. A-ia ~ Z G,~ s ~ Oi'EN 9~~0 \ ~~'p 3, 094.85 S ` : \ ~ ~R`~, ~ 616.16 W ,~Q~' y~~~. „H,4LA1 ~ J ~ ~ ~Q~• oy ,Z~ ~ J~~~ ~2 3 ~ ~S.~o ~r, 9s~s _ ~ AGRICULTURAL (A-1 a) TO - 9s, ~ ` ~o SINGLE FAMILY RESIDENTAL (RS-10) ~S~°, ` ` RS" 0 ~ AREA = 1.7817 Acres Q5'~ ~ . PS~~ OPEN / \ \ A-1a / ~o ~ 5'~e- '~o /1q \ ~PJ ~~~'~i J~ ~ S~ S'~~ A-7a A-ia ~ ~F~~, ~ A-)a ` i ~ 0 P~1 ~ ~ A-7a A-ia A-la ~ 0 500 1000 1500 2000 Feek 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 AGRICULTURAL (A 1a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT KUKUAU 2nd, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :2-3-50:071 Oct. 5, 2001 ~I<~IT (Uohara:1047)