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HomeMy WebLinkAboutORD 1987-111 1984-1988fw=x . ' /~ ~}T COUNTY OF HAWAI ySTATE OF HAWAII a ~...~~.~~ ' P J° BIII N0. 413 (Draft 3) ORDINANCE NO. 87 113 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO AGRICULTURAL (A-la) AT WAIAKEA, SOUTH HZLO, HAWAII, COVERED BY TAX MAP KEY 2-4-34:17. 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, 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 Agricultural (A-la): Beginning at an iron pipe at the Northeast corner of this lot, the Northwest corner of Japanese School Lot and on the South side of "Road A", the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 18559.6 feet South and '2993.2 feet West, as shown on government Survey Registered Map No. 2650, and running by true azimuths: 1. 355° 40' 1323.0 feet Lot iron 2. 85° 40' 968.0 feet iron 3. 175° 40' 1223.0 feet iron along Japanese School snd Lot 1104 to an pipe; along Lot 1205 to an pipe; along Lot 1106 to an pipe; LA/TN 4. 243° 59' 102.1 feet along the South side of "Road A" to an iron pipe; 5. 253° 54' 105.0 feet along the same to an iron pipe; 6. 262° 37' 30" 771.3 feet along same to the point of beginning. AREA 28-74/100 ACRES 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 shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone. The zoning of the property shall not be in effect until the water commitment payment is accepted by the Department of Water Supply; (B) the applicants, successors, or assigns shall comply with all of the stated conditions of approval; (C) subdivision plans shall be submitted to the Planning Department within one year from the effective date of the zone change as noted in Condition A. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval; (D) building permits for the construction of single family dwellings on twenty-five percent of the proposed lots shall be obtained within three years from the date of receipt of Final -2- Subdivision Approval; (E) a drainage system shall be installed in accordance with the requirements of the Department of Public Works. (F) a 15-foot wide future road widening strip shall be delineated and set aside on the subdivision plan along the length of Ainaola Drive. Further, a 40-foot wide strip along the length of the east property line shall be delineated and set aside for the future extension of Kupulau Street; (G) access to the proposed lots from Kaumana Drive shall meet with the approval of the Department of Public Works; and (H) all other applicable rules, regulations and requirements shall be complied with. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the owners, and that are not the result of their fault or negligence; b) granting of the time extension would not be contrary to the general plan or zoning code; c) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; d) 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 -3- extended for up to one additional year); and (e) 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. Further, 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. Should the council adopt A Uniform Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may be satisfied by performance in accordance with the requirements of the Uniform Impact Fees Ordinance. SECTION 4. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTIUN 5. This ordinance shall take effect upon its approval. INTRODUCED BY: vi~rGfi~i~f ~ fi~fl.~L~~ COUNCIL MEMBER, NTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Readiny: Date of 2nd Reading: Effective Date: October 7, 1987 October 7, 1987 October 21, 1987 October 28, 1987 -4- A-iq QF A3o~ ,,,, A-3q rzs-io IN r ~_. RUE NOR-7-N JC Q ScALC-' :I''~SOO' - _._ ___- QF as 'I~ F ~N A-~q A-~q - - A-3y A Iv as ~s MOMI ST. 0 Z U ALA oLl ST rzs-7s A 3q KAHILI ST _ A-3q 0 - A-la - Z A to KU PUL•AU res ~s i i RoA~ ~ ~9s°4o tH2-~.o0 I B,SS°~.GO s~ 2.g99.2o w A ~q HALM" ~ O Q A Iq ~ ~ ~ AGRICULTURAL c ~A-3a) TO I A-1q 262° 37'90"~ / i ~~L~o d AGRICULTU~AI.. (A-Iq o AfZEA = 28.74 ACRES WAIAKC- -UKA ~, C ('ARh; _y 0 Ni ~ 53 ° 54' -~ (Q 105.00 ~ A-3a A-Iq .. ..243° 5°>'~ V5° 40' ~- t2~9.o0 ,q 9a 102.101 A ~q i A-IOq .___. AtNAO LA oR1VE--' ~4 A ?iq A-loq A-~q A ti~ A jq I A-ioa y O~ C P' A toq \ A 9o P AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-114 (CITY 'OF HIl..O ZONE MAP) ART1Cl..C' 3, CHAPTER 25 (ZONING COf71r~ OF THE HAWAII COUNTY COOL, 13Y CHANGING THE (DISTRICT CLA551FICATION FIQOM AGRI- CULTURAL- (A-3a) To AGRICULTURAL (A-1a~ AT WAtA1CCA, SOUTH HILO, HAWAII. PRC--I°AIQ C-b C3Y ° PLANNING ~EpAf~TM C-NT COUNTY OF 11AWAll TMK ~ ~-4-.~4= 17 ,JULY 8, I°~87 EXHIBIT ~~A~~