HomeMy WebLinkAboutORD 1992-086 1992-1994COUNTY OF HAWAII; . STATE OF HAWAII
BILL NO. 627
ORDINANCE NO. `-3~ 86
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITION C OF ORDINANCE
NO. 89-124, WHICH RECLASSIFIED 20.44 ACRES OF LAND FROM SINGLE
FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10)
AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY 2-4-16:46.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 89-124 is amended as follows:
"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 southwest corner of this lot and the
southeast corner of Lot 809, on the north side of Haihai
Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"HALAI" being 15661.4 feet South and 4600.4 feet East, as
shown on Government Survey Registered Map No. 2600, and
running by true azimuths:
1. 175° 40' 1840.0 feet
iron
2. 265° 40" 484.0 feet
iron
3. 355° 40' 1840.0 feet
iron
along Lot 809 to an
pipe;
along Lot 715-B to an
pipe;
along Lot 808-A to an
pipe;
4. 85° 40' 484.0 feet along the north side
of Haihai Street to the
point of beginning; and
containing an area of
20-44/100 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) the required water
commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment
Guidelines Policy" within 90 days from the date of approval of
the change of zone. The zoning of the property shall not be in
effect until the water commitment payment is accepted by the
Department of Water Supply; (C) subdivision plans shall be
submitted within one year from the effective date of the change
of zone as noted in Condition B. Final subdivision approval
shall be secured within one year from the effective date of
[receipt of tentative subdivision approval] this amendment;
(D) a drainage system in accordance with the requirements of
the Department of Public Works shall be installed; (E) only one
roadway access shall be provided from Haihai Street meeting
with the approval of the Department of Public Works. With the
exception of the existing driveway access to the subject
property, no further access(es) shall be allowed to the
-2-
proposed lots from Haihai Street; (F) Heahea Street shall be
extended through the subdivision and connected on to Haihai
Street, so as to provide access from both Haihai and Kawailani
Streets; (G) the interior subdivision roads shall be provided
with curbs, gutters, and sidewalk improvements meeting with the
approval of the Department of Public Works; (H) a 10-foot wide
road widening strip along the Haihai Street frontage shall be
set aside and delineated on the subdivision plans. All
structural setbacks shall be taken from this future road
widening line; (I) all other applicable laws, rules,
regulations and requirements be complied with; (J) 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; (K) 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, (L) an initial extension of time for the
performance of conditions within the ordinance may be granted
-3-
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 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 intitiate rezoning of the area to its original
or more appropriate designation."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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.
-4-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
e
COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: July 1, 1992
Date of 1st Reading: July 1, 1992
Date of 2nd Reading: July 15, 1992
Effective Date: July 22, 1992
APPROVED AS TO FORM AND LEGALITY:
(~'~I~~
Deput orporation Counse
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A MENDM ENT TO THE ZON ING CODE ,
,
AMENDING SEC-1-lON 25-114 ~C1T`!' OF HILO ZONC- MAP)
A14T1CL.E 3, CHAi°TE1~ ~S (ZONING CODE OF THC
HAWAII COUNT7' C0J7E, By CHANGING THE
t715TiQlCT CI..ASSIFICATION FROM 91NGLE FAMIL-y
RES1flENT1AL (RS-1S) '~'O ~31NGL1° FANIIL7' IQESI-
bENT1AL. (R`3-lo) AT wAtAKEA, 50UTH Htlo, HAWAtI.
PREpAREp BY = pl..-ANNING ~LpARTMENT
COUNT7'' O~ HAWAII
-f-M1'C ° ~-4-I6 =46 MAy 2G, I989
EXHIBIT I,AII