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Home My WebLink AboutORD 2000-127 1998-2000COUNTY OF HAWAII STATE OF HAWAII BILL NO. 317 (Draft 2) ORDINANCE NO. 00 1.:'7 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 RESIDENTIAL AND AGRICULTURAL (RA- 5a) AT WAIAKEA, SOUTH HILO. HAWAll, COVERED BY TAX MAP KEY 2-4-35 25 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. Hak3aii, shall be Residential and Agricultural (RA- 5a) LAND SITUATED AT WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Being a portion of Grant 10,594 to Oteru Takehiro Koshiyama, being also a portion of Lot B, Waiakea Homesteads. 2"' Series Beginning at the noitheast corner of this parcel of land. being also the northwest corner of Lot 13-2 and on the south side of Roadway Lot A. the coordinates of said point of beginning referred to GoNernnient Survey Triangulation Station "HALAL", being 17.549 61 feet South and 3.574 62 feet West. thence running by azimuths measured clockwise from true South 355° 40' 177 00 teet alon, the remainder of brant 10,594 to Oteru Takehiro Koshiyama (Lot B-2), 2 850 40' 249 50 feet alone the remainder of Grant 10,594 to Otero Takehiro Koshiyama (Lot B-5), 3 1750 40' 157 00 feet alone the remainder of Grant 10,594 to Oteru Takehiro Koshiyama (Lot B-4), 4 2650 40' 25 00 feet along the remainder of Grant 10,594 to Oteru Takehiro Koshlvama (Roa&Nay Lot A), 5 Thence along same on a curve to the right with a radius of 20 00 feet, the chord azimuth and distance being 2200 40' 28 28 feet. 6 2650 40' 204 50 feet alone the remamdei of Grant 10.594 to Oteru Takehiro Koshiyama (Roadway Lot A) to the point of beginning and contammg an area of 41.576 Square Feet All as sho)xn on the map attached hereto. marled Exhibit "A" and by reference made a part hereof SECTION 2 This change in district classification is conditioned upon the following A The applicants its successors or assigns shall be responsible for complying with all of the stated ttmdrtwns of appio%al B Final Snbdi%ision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance C Drainage improvements if required, shall be constructed meeting %+ith the approval of the Department of Public «•orbs prior to the issuance of Final Subdnision Approval D Access to the subject property from the private roadway off Kupulau Road shall meet with the requirements of the Department of Public Works E 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- Histouc Pieser\atron Division (DLNR-HPD) shall be unmediately notified Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigation measures have been taken F Restrictive covenants in the deeds of all the proposed residential 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 poor to the issuance of Final Subdivision Approval A copy of the approved covenant(s) shall be rented in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property A copy of the recorded document shall be tiled with the Planning Depaitinent upon its receipt from the Bureau of Conveyances G The applicants shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property. including the Department of Public Works and Department of Health H Should the Council adopt a Unified Impact Fees Ordinance setting forth uttena for imposition of e,,actrons or the assessment of impact fees conditions included herein shall be credited towards the iequuentents of the Lnified Impact Fees Ordinance An initial extension of time for the performance of conditions within the ordinance niay be granted by the Planning Director upon the following cucumstances -3- The non-performance is the result of conditions that could not ha%e been foreseen or are beyond the control of the applicants, Its successors or assigns, and that are not the Iesult of their fault or negligence 3 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 applicants should require an additional extension of time. the Planning Director shall submit the applicant's request to the County Council for appropriate action J Should any of the conditions not be met or substantially complied with in a tinmely fashion. the Director may uutiate rezoning of the subject area to its original or more appropriate designation SECTIO' 3 In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance -4- SECTION 4 This ordinance shall tale effect upon its approval Hilo. Hawaii Date of Introduction Date of Ist Reading Date of 2nd Reading. Etfecu%e Date INTRODUCED,BY COUNCIL MEMBER. COUNTY OF HAWAII October 18, 2000 October 18, 2000 November 9, 2000 .November 24,2000 APPROVED AS TO FORA AND LEGALITY CORPORATION COUNSFJ- DATED Nov 22,2000 14:32 COUNTY OF HT OORT - a WE I INEEN FROM LHD-DQMA1N\,7A1ELjb TO MERLE PAGE I OF 1 TRUE NORTH Scale,40-W _30000 -- AGRICULTURAL TO RESIDENTIAL AND AGRICULTURAL (RA—.50) AREA: 43,576 SO -FT. L17,549.61 S 3,574.62 E "HALM " A� --- ---- ---- Hill 7e 'A I �Fv- AMENDMENT --TO THE -- ZONING-- Q 0DE - ---- -- - --- - --- ----------- - - -------------- ----- --------------------------- ----- ------- ------ ' ---------- -- * ----- --- - --- ----- ------- --------- --------- 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-10) TO RESIDENTIAL AND AGRICULTURAL (RA -.5a) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY -. PLANNING DEPARTMENT COUNTY OF HAWAII MK AUG. 5, 2000 (C. 1-0uyE) EXHIBIT "A" 11/22/00 14:45 TX/RX NO.7657 P.001 0 OFICE OF THE COUNTY CLERK • w ' County of Hawaii Hilo Hawaii (Draftr2i)_ Introduced By: Bobby Jean Leithead-Todd Date Introduced: October 18, 2000 First Reading: October 18, 2000 Published: N/A REMARKS: Second Reading: November 9, 2000 To Mayor: November 15, 2000 Returned: November 24, 2000 Effective: November 24, 2000 Published: December 4. 2000 REMARKS: ROLL CALL VOTE AYES ' f t) 2'NOES ABS EX Arakaki X Chung Chung X Elarionoff X Jacobson Jacobson X Leithead-Todd Leithead-Todd X Pisicchio Pisicchio X Smith Smith X Tyler Tyler X Yagong Yagong X X 5 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Chung X Elarionoff X Jacobson X Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 5 2 2 0 1 DO HEREBY CERTIFY that the foregoing BILL N,as adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date ApprovedIDIw prauad this ° day oro U-eKl 20 by MAYOR, COU�TY OF HA WA II 1� YCLERK Bill No.: Reference: Ord. No.: 317 (Draft 2) C-918/PC-117 ®O 1.27