HomeMy WebLinkAboutORD 1988-165 1988-1992COUNTY OF HAWAII ~a~STATE OF HAWAII
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Bill No.
ORDINANCE NO.
88 165
647
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 MULTIPLE FAMILY
RESIDENTIAL (RM-1) AND OPEN (0) TO AGRICULTURAL(A-3a) AT PUUEO,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-08:10 AND
POR. 25.
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 Puueo, South Hilo, Hawaii, shall be
Agricultural (A-3a):
Beginning at the southeast corner of this parcel of land,
on the west side of Wainaku Street, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "HALAI" being 4,852.03 feet north
and 1,558.62 feet east and running by azimuths measured
clockwise from True South:
1. 82° 27' 337.41 feet along portion of
Commissioners of Crown
Lands to Thomas Spencer;
2. 163° 45' 72.01 feet along portions of
Commissioners of Crown
Lands to Thomas Spencer
and R. P. 4687, L. C.
Aw. 4809, Apana 2 to
Moses Lo;
3. 161° 40' 189.00 feet along portions of
• R. P. 4687, L. C.
Aw. 4809, Apana 2 to Moses
Lo and Commissioners of
Crown Lands to Thomas
Spencer;
4. 274° 00' 355.50 feet along the south side
of Waipahoehoe Lane;
5. 341° 40' 189.00 feet along the west side
of Wainaku Street to the
point of beginning and
containing an area of
1.703 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 its assigns shall comply with all of the stated conditions
of approval; (B) final Plan Approval shall be secured from the
Planning Department within one year from the effective date of
the change of zone. To assure adequate time for plan approval
review and in accordance with Chapter 25-244 (Zoning Code),
plans shall be submitted a minimum of forty-five days prior to
the date by which plan approval must be secured. Parking shall
comply with the requirements of Chapter 25 (Zoning Code). No
parking variance from the Code shall be applied for or granted;
(C) construction of the mortuary/chapel building and related
improvements shall commence within one year from the official
date of receipt of Final Plan Approval and be completed within
two years thereafter; (D) a drainage system shall be installed
meeting with the approval of the Department of Public works;
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(E) access(es) to the property from Wainaku Street shall meet
with the approval of the Department of Public Works; (F) all
other applicable County and State laws, rules, regulations and
requirements, including those of the State Department of
Health, shall be complied with; (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 developer's election, be
satisfied by performance in accordance with the requirements of
the Unified Impact Fees Ordinance; (H) 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,. (I) 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
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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 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:
COU IL MEMBE , COUNT 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
Air-lENU1NG SECTION ~5-114 (CITY OF 1'i1L0 ZONE
MAP) ART1G1_L 3, CHAPTCR ZS (ZONING COr~E~
OF THC F-fAWAII COUNTI' CO~C, F3Y G1-iANG1NG
THE t71STI~iCT CLASSIFICATION FROM Mu>_TIPL->=
FAMILY RES1l~t=NTIAL (ISM -1) ANI:~ ~PCN (O)
T~ AGRICU~TUnA~- (A-3o) AT PuuCO, SouTti
rirL.o, r--Aw,~.rl.
PREPAIZC-D ~Y = PLANNING pCPARTMc-NT
COUNTY of 1--IAtNAII
TMK= '2-6-08 = to AND PoR- ~5 5E1°T. 7 IgBB
EXHIBIT IIAII