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HomeMy WebLinkAboutORD 1988-013 1988-1992COUNTY OF HAWAII STATE OF HAWAII Bill No. 4s6 (Draft 2) ORDINANCE NO. 8'~ 13 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CUDE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-14:8. 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 Single Family Residential (RS-10): Beginning at the northeast corner of this parcel of land, the southeast corner of Lot 12-A of Hooluana Tract and on the west side of Pohakulani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,266.23 feet South and 4,823.90 feet East and running by azimuths measured clockwise from True South: 1. 355° 40' 192.00 feet along Pohakulani Street; 2. 85° 40' 222.00 feet along Lot 16-A of Hooluana Tract; 3. 175° 40' 192.00 feet along Lots 11, 10 and 9 of Puainako Houselots Subdivision, Phase II, File Plan 1710; 4. 265° 40' 222.00 feet along Lot 12-A of Hooluana Tract to the point of beginning and containing an area of 42,624 Square Feet.' LA/TN 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 follocriny: (A) the petitioner, successors, or assiyns shall be responsible for complying with all of the stated conditions of approval; (B) subdivision plans shall be submitted within one year from the effective date of the zone change; (C) a drainage system in accordance with the requirements of the Department of Public Works shall be installed; (D) access(es) to the proposed lots from Pohakulani Street shall meet with the approval of Department of Public Works; (E) all other applicable rules, regulations and requirements shall be complied with, including those of the State Department of Health; and, (F) 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 applicants, 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 -2- extended for up to one additional year); and 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. 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 Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. SECTIUN 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: Jam. COUNCIL DIEMBER, COUNT' OF HAWAII Hilo, Hawaii Date of Introduction: January 18, 1988 Date of 1st Reading: January 18, 1988 Date of 2nd Reading: February 3, 1988 Effective Date: February 16, 1988 -3- TRUE K01eTH -- ~ ~ rz ,.i~ SCALE -:;_~00'_ ~ r~='.-lam ~, _ _ ~~ _ - r'PUAINAKO '~-T IWALANI STf@EET KAWAILANI ST_ --- ~ __ ~ ~ I s ~ ',., I i i .. .. IL _. _ -_._~ ~~ i~ i I ~ r. _ I ~ j ~ ~~~Iy 00 UAN TRACT" ~ AIL ALAN 3°-J6 ~' i F' Ot-1AI<UI. ANI 3~,-.a-r .,. ~_~,- STREET ~ zcc- ~~ ''~_'_' °'- ~ - i ' C ` , ~ ° SINGLC- PAT~I~LY i r ng-v.l n ~ ~~~;, n RC-SIOC-NT1AL (ri5-15~ i n ~ ;~ To SINGLE FAMILY '' '` ! o ' ~ ~4 CS1bCNT1AL RS-f0 o- . a~ AREA = 4,624 S~_ FT. n m R.- -I"__ R`~.- I KUH ILANI ST12~ET Q Y fl _ - - ~ Y ~ Q ~ ,. ~~- Q J ,~.~ Ir. Y I ~ PUAIN Ko H~USC / ~ LoT~~' SUB 1'~/ISION" PH AS BI 7C ~ 7 Z _. 'W INOH A ~ Sty~O1 1510 AMENDMENT TO THE ZONING CODE AM ENDINC3 SECTION ~5-114 (CITY OF H1L0 ZONE MAP) At'~TICLE 3, CHAPTI=1~ ~5 (ZONING COt~I-) OF THE t--Af^lAtt cOUn17-Y cot'.~E, 8Y CHAt~IGING THE ~1STI~ICT CLASSIFiCAT10N 1=1~OM SINGL7= FAMILY I~CSiL7CNTlAI-.. (125-IS) To SINGI_C PAMiI..Y Rl_.S1bENTlAL ~I~S-10) AT eNAlAK1=A, SOLITI-f H1L0, I--FAI/VAII. f°RC~ARCp pY ~ P~-AIViVING Uc~AIRTM~NT COUNTY of 1-1AWAfl TMrc = 2-4-Iq- = B NOV_ S, 1g B7 EXHIBIT 11A1'