HomeMy WebLinkAboutORD 1983-009 1980-1984
BILL N0. 988
COUNTY OF HAWAII - 'STATE OF HAWAII
ORDINANCE N0. 83 9
AN ORDINANCE AMENDING SECTION 25-1i4.(THE CITY OF HILO ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, AS AMENDED, RELATING TO MODIFICATIONS OF CONDITIONS TO
THE DISTRICT RECLASSIFICATION FROM AGRICULTURAL (A-3a) TO
SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-4-37:13, 14, 15 AND 22.
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 1983, is amended to modify a
condition to property reclassified in Ordinance No. 597,
effective June 26, 1980, to read as follows:
The district classification of the following area
situated at Waiakea, South Hilo, Hawaii, Shall be Single
Family Residential (RS-10):
Beginning at the southwest corner of this parcel of land,
being also the southeast corner of Lot 33, Waiakea Camp 6
and on the northerly side of Ainaola Drive, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being
18,595.08 feet South and 2,019.74 feet West, thence
running by azimuths measured clockwise from True South:
1. 175° 40' 1185.33 feet along Grant 10417 to
Waiakea Mill Co. and
Grant 11681 to Yasuo Matsumura;
2. 265° 40' 967.22 feet along Grant 11622 to
Gilbert Takeo Yamaguchi;
3. 355° 40' 1051.20 feet along Grant 10714 to
Mrs. Rose Mahi;
4. 85° 40' 233.41 feet along Grant 10417 to
Waiakea Mill Co.;
5. 175° 40' 81.06 feet along the remainder of
Grant 1D543 to Shinkichi Higa;
6. 85° 40' 309.11 feet along the remainder of
Grant 10543 to Shinkichi Higa;
7. 355° 40' 140.06 feet along the remainder of
Grant 10543 to Shinkichi Higa;
8. 85° 40' .223.80 feet along Grant 10417 to
Waiakea Mill Co.;
9. 355° 40' 146.00 feet along Grant 10417 to
Waiakea Mill Co.;
10. 100° 36' 66.10 feet along the northerly side
of Ainaola Drive;
11. 107° 07' 147.20 feet along the northerly side
of Ainaola Drive to the point
of beginning and containing an
area of 23.864 Acres.
All as out lined in red on the map attached hereto
marked Exhi bit "A" and by reference made a part hereof.
SECTION 2. Thi s. change in district classification is
conditioned upon the following: (A) that the area be zoned in
two increments. The first increment shall consist of a maximum
of fourteen contiguous acres, and the second, the remaining
area. The effective date of zoning for the second increment
shall be after development has occurred in the first
increment. "Development" means [the obtaining of building
permits for and the construction of roofs on single family
residential units.] that building permits have been issued for
single family residential dwelling units and construction has
been partially completed to the extent that roofs have been
constructed on a minimum of twenty-five per cent of the number
of lots proposed for the entire 23.864 acre area In lieu of
the actual construction of the dwelling units in the first
increment, the petitioner or its authorized representative may
enter into an agreement with the Planning Department which
would bond and assure the County that the dwellings would be
constructed within a given period. In doing so, development of
the second increment may proceed prior to the actual
construction of the dwellings in the first increment. Such
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agreement shall meet with,the approval of the Corporation
Counsel and the Planning Director; (B) that the
petitioner/representative submit a subdivision plan for the
first increment and secure tentative approval within one year
from the effective date of the chahge of zone. The
petitioner/representative shall also be responsible for
securing final subdivision approval for the first increment
within one year thereafter. The petitioner/representative
shall also be responsible for securing final subdivision
approval for the second increment; (C) that a
hydrologic/drainage study be prepared by the
petitioner/representative and be submitted with the subdivision
plans for the first increment to the Planning Director and
Chief Engineer; (D) that curbs, gutters, and sidewalks be
constructed within the proposed subdivision; and (E) that all
other applicable rules and regulations be complied with,
Should any of the foregoing conditions not be met, rezoning of
the area to its original zoning or more appropriate designation
may be initiated.
SECTION 3. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material and underscoring need not be
included.
SECTION 4. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
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SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
l.~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 28, 1983
Date of Adoption: August 17, 1983
Effective Date: August 23, 1983
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