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HomeMy WebLinkAboutORD 1988-162 1988-1992,.u~z:. ~~F_. ~, ;,';: COUNTY OF HAWAII,. STATE OF HAWAII ;> Bili No. ORDINANCE NO. 88 1.62 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 SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-37:5 AND 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 southeast corner of this parcel of land, being also the southwest corner of Lot A and on the northerly side of Ainaola Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 18,465.45 feet South and 594.51 feet West, thence running by azimuths measured clockwise from True South: 1. 61° OS' 167.08 feet along Ainaola Drive; 2. 175° 40' 181.77 feet along the remainder of Grant 10,417 to Waiakea Mill Company (Lot 62-B); 3. 85° 40' 311.53 feet along Grant 10,417 to Waiakea Mill Company (Lots 62-B and 61-A-1); 4. 175° 40' 270.45 feet along Grant 10,543 to Shinkichi Higa (Lots 1003-F and 1003-B-1); 644 5. 265° 40' 501.90 feet along the remainder of Grant 10,714 to Mrs. Rose Mahi (Lot D); 6. 331° 08' 21.98 feet along the remainder of Grant 10,714 to Mrs. Rose Mahi (40-Ft. Roadway); 7. 85° 40' 134.76 feet along the remainder of Grant 10,714 to Mrs. Rose Mahi (Lot B); 8. 347° 29' 30" 253.02 feet along the remainder of Grant 10,714 to Mrs. Rose Mahi (Lot B); 9. 331° O8' 123.48 feet along the remainder of Grant 10,417 to Waiakea Mill Company (Lot A) to the point of beginning and containing an area of 2.946 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, successors, or assigns 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) with the exception of the existing driveway, all accesses to the proposed lots shall be from the interior roadway, meeting with the approval of the Department of Public Works; (E) all other applicable laws, rules, .regulations and requirements shall be complied with; (F) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact -2- 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; (G) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the 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, (H) 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; 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 -3- 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. In the event that any portion of the 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: C NCIL MEM ER, CO Y OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: October 19, 1988 October 19, 1988 November 2, 1988 November 7, 1988 -4- Tfi'UC A-3q t NORTH 'F sc~ C_ A Iq Sa o o' i i:- ~~ ~ A-Iq ~ A-3o P e° ri HOO KO ST. .L P`'~ ~ ~ O A Iq X31° og' ~ P.'~~ ~~ o zl-°?B ~ ' ~ ~ BS°4o 19,46545 S 4 ~ 134-76 m~. - s94.s1 +V " " H ALAI O ~ J N 0347° 2990" 253 0~ A-3q ~~^ __ 6t°OB' of 16 7.OB ~ 4 A 14 AGIQICULTURAL (A-3 Q) N '~ To 51NGLE FAMILY 1 Ins°~+°' ~ RESIDENTIAL (R 3-10) I m lal.~~ ~. AREA = ~-~46 ACRES N RS 15 - b ~ m A-lo A ~q ~ 0 N t N rzs Is m ALALOA ~- ~~ 175° 40' -- g7o.45 - ~~ A-Iq RS-10 RS to R>~ 10 ~ .. Q JO RS-10 J QQ ~ rz=.-moo y A-Iq AMENDMENT TO THE ZONING CODE AMENb1NG SECTION 25-114 (CITY Op H1L0 ZONE MAP) ARTICLE 3, Ct-iAF'TETi 2S ('20NINS CODE) 01= THE HAWAII COUNTY COME, BY Cl--1A1JGING THE bIS~-fQICT GLASStF1CAT10N PROM AGRt- CtJLTtJ'RAL (A-3o) TO SINGLE PAMILI' 14E51- L7ENTtAL X25-10) ,qT WAIAKEA, SOUTH H1LO, HAWAt I . PREPAf3E~ BY PLANNING ~EpARTMENT GouNTY of HAl^tAll TMK = ~-4-.97 = 5 $ S sCPT. 7, 1°JBS EXHIBIT ~IAII -