HomeMy WebLinkAboutORD 1991-017 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO. 9~ ~-~
383
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 SINGLE FAMILY
RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) at
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-21:58.
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 northeast corner of this Parcel of land,
the coordinates of said point referred to Government
Survey Triangulation Station "HALM " being 16,017.33 feet
south and 8,226.93 feet east, thence running by azimuths
measured clockwise from true South:
1. 355° 40' 77.77 feet along Parcel A;
2. 85° 40' 302.66 feet along Parcel 22;
3. 175° 40' 77.77 feet along the east side
of Nalani Street;
4. 265° 40' 302.66 feet along Parcel 18, to
the point of beginning and
containing an area of
23,538 square feet.
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 applicants,
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. Final Subdivision Approval shall be secured
within one year from the date of receipt of tentative
subdivision approval; (C) access to the proposed lots from
Nalani Street shall meet with the approval of the Department of
Public Works; (D) should an Improvement District be implemented
for improvements to Nalani Street, the applicants, successors
or assigns shall automatically be a participant in the
Improvement District; (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 fees, conditions included herein may, at
the applicants' 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
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effective date of the change of zone. 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 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 shall 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 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:
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COUN IL MEMBER COUN OF HAWAII
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
February 6, 1991
February 6 1991
February 2b, 1991
February 22, 1991
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-114 (CITY of HILO ZONE' MAP)
ARTICLE 3, CHAPTEI? ~S ZONING CODE) OF THE
HAWAII COUNT7' CODE, Ay CHANGING THE 1715TRICT
CLASSIFICATION F1~OM SINGLE FAMILY fQ851DL°NTIAL
~I45-1S) To SINGLE FAMILY RESIDENTIAL. (RS-t o)
AT WAIAICEA, SOUTH HILO, HAWAII.
I~REPAI?EL> L9y =PLANNING 17f=1°ARTMET~tT
COUNT7' ~F HAWAII
EXHIBIT IIAII