HomeMy WebLinkAboutORD 1988-162 1988-1992,.u~z:.
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COUNTY OF HAWAII,. STATE OF HAWAII
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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
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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
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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
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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
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