HomeMy WebLinkAboutORD 1988-110 1988-1992COUNTY OF HAWAII -ESTATE OF HAWAII
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Bill No. s71
(Draft 3)
ORDINANCE NO.
88 110
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-65 FOR
THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE URBAN DISTRICT AT PAIHAALOA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-7-04:96 (PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-65 for
the County of Hawaii, is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area
situated at Paihaaloa, South Hilo, Hawaii, shall be Urban:
Beginning at the southwest corner of this parcel of land,
the northeast corner of Lot 3 and the southeast corner of
Lot 1, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "ALALA" being
16,144.71 feet South and 4,075.48 feet East and running by
azimuths measured clockwise from True South:
1. 173° 20' 431.00 feet along Lot 1 being
portion of Grant 754 to
Kealohapauole to the
middle of Puuolelo gulch;
2. 216° 03'
3. 235° 53'
Thence along the middle of
Puuolelo gulch for the
next four (4) courses, the
direct azimuths and
distances between points
along said middle of gulch
being:
30.00 feet;
21.00 feet;
LA/TN
4. 270°~ 11' 33.00 feet;
5. 303° 17' 62.65 feet;
6. 358° OS' 420.00 feet along Lot 3 being a
portion of Grant 754 to
Kealohapauole;
7. 83° 20' 85.00 feet along the remainder
of Grant 754 to
Kealohapauole to the point
of beginning and
containing an area of
1.065 Acres, more or less.
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, successors
or assigns shall comply with all of the stated conditions of
approval; (B) subdivision plans shall be submitted to the
Planning Department within one year from the effective date of
the boundary amendment; (C) a drainage system shall be
installed in accordance with the requirements of the Department
of Public Works; (D) prior to receipt of final subdivision
approval, provisions to improve the right-of-way abutting the
subject property, shall be approved by the Department of Public
Works; (E) all other applicable laws, rules, regulations and
requirements be complied with; (F) an annual progress report
shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the boundary
amendment. The report shall address the status of the
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development and the compliance with the conditions of
approval. This condition shall remain in effect until all of
the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required; and (G) 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 boundary amendment;
and 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); 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 the reclassification of the area to its
original or more appropriate designation.
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SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
v
CO CIL ME BER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: June 15, 1988
Date of 1st Reading: June 15, 1988
Date of 2nd Reading: July 20, 1988
Effective Date: July 29, 1988
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AGf31Ct-1LTUr''iAL
AMENDMENT TO THE STATE LAND USE
BOUNDARIES MAP
AMENDING TI1E STATE LAND USE 130LNp,q~1ES
MAP, H-65 FOR THE COUNTY o~ HAl^JAII, 13Y
GHAIVGING THE bJSTR1CT CLASSJFICA-j"ION I=tZOM
TH>= AG~i1CUL~-URAL 'T'O THE U1QCiAN [715TI~1CT
AT PAJHAALOA, .SOUTJ-i HILO, HAWAII.
I°IQt=1°Al2CD BY = PI--ANNiNG DCPAtZTMC-NT
GOeJNTY of I1AWAll
TMlC = ~.-7-04:96 (PORTION MAY 4, 19 ti3B
EXHIBIT ~fA~~