HomeMy WebLinkAboutORD 1988-163 1988-1992>~
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COUNTY OF HAWAII,_,~~STATE OF HAWAII
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Bill No.
ORDINANCE NO,
8~ 1~3
645
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-l0d) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT WAIAKEA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-65:POR. 2.
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-15):
Beginning at the northeast corner of this parcel of land,
being also the northwest corner of Lot 4, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station."HALAI", being 14,490.80 feet South
and 4,301.66 feet West, thence running by azimuths
measured clockwise from True South:
1. 355° 40' 642.31 feet along the remainder of
Grant 9460 to Henrietta D.
Holt (Lot 4);
2. 85° 40' 931.89 feet along the remainder of
Grant 9460 to Henrietta D.
Holt (remainder of Lot 5);
3. 175° 40' 642.31 feet along Government Land
(Lot 820, Waiakea Homesteads,
Second Series);
4. 265° 40' 931.89 feet along Government Land to
the point of beginning and
containing an area of
13.741 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 for tentative approval within one year from the
effective date of the change of zone. Final subdivision
approval shall be secured within one year from the date of
receipt of tentative subdivision approval; (C) a drainage
system meeting with the approval of the Department of Public
Works shall be installed; (D) access to the proposed lots shall
meet with the approval of 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 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
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have been complied with and the Planning Director acknowledges
that further reports are not required; and (G) 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 applicant's
election, be satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance; 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; 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 rezoning of the area to its original or
more appropriate designation.
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SECTION 3. In the event that any portion of the ordinance
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1J UCl.10.LCU 133VQ11U, .J 111. 11 111v0.11V1 LY J110.11 nVL 0.1101.E LIIC VLLICL
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COU CIL EMB R, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 19, 1988
Date of 1st Reading: October 19, 1988
Date of 2nd Reading: November 2, 1988
Effective Date: November 7, 1988
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AMENDMENT TO THE ZONING CODE
AMCNDING SECTION '~._~i-114 CITY OF HILO ZONE
MAP) ARTICLt= 3, CHAi~TCR ~.5 ZONING CODE)
OF THE ?-iA1NAll COUNTY CODE, C3Y CHANGING
THE DISTRICT CLASSiFiCAT10N FROM
AGRICULTURAL- (A-lOa) To SINGLE FAMILY
RESII~L=NTiAL (IBS-IS) AT WAtA1<1=A, SOUTH
PREI°AREb BY ~ K'LANNING OC1°ARTMENT
Gou N1-Y o~ HAWAII
~'MK='~-4-65= FOR. "2 SEhT. 13, t°JSB
EXHIBIT ~~A~~