HomeMy WebLinkAboutORD 1987-111 1984-1988fw=x .
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COUNTY OF HAWAI ySTATE OF HAWAII
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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
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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~~