HomeMy WebLinkAboutORD 1992-097 1992-1994COUNTY OF HAWAI~n~~~ ~~:~TATE OF HAWAII
636
' ' BILL NO.
ORDINANCE NO. 92 ~`~
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-la) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT PONAHAWAI, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-49:53.
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 Ponahawai, South Hilo, Hawaii, shall be Single
Family Residential (RS-10):
Beginning at the north corner of this parcel of land, on
the southeasterly side of Likolehua Street, the
coordinates of sated point of beginning referred to
Government Survey Triangulation Station "HALAI" being
2769.92 feet South and 3574.72 feet West and running by
azimuths measured clockwise from True South:
1. 324° 40' 363.00 feet along Lot 57 (portion
of Grant 252 to B. Pitman);
2. 54° 40' 120.00 feet along the remainder
of Grant 252 to B. Pitman;
3. 144° 40' 363.00 feet 31ong the remainder
of Grant 252 to B. Pitman;
4. 234° 40' 120.00 feet along the remainder
of Grant 252 to B. Pitman
and along Likolehua Street
to the point of beginning
and containing an area of
1.000 Acre.
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 applicant shall submit
the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval
of the Change of Zone; (C) subdivision plans shall be submitted
within one year from the effective date of the change of zone.
Final Subdivision Approval shall be secured within two years
from the date of receipt of tentative subdivision approval;
(D) access to the proposed lots from Liko Lehua Street shall
meet with the approval of the Department of Public Works;
(E) the applicant shall provide all necessary roadway
improvements to Liko Lehua Street as required by and meeting
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with the approval of the Department of Public Works and the
Fire Department, in order to allow for proper access to the
proposed subdivision from Liko Lehua Street, prior to Final
Subdivision Approval of the proposed subdivision; (F) the
applicant shall provide drainage improvements as may be
required by, and meeting with the approval of, the Department
of Public Works; (G) the method of wastewater disposal shall
meet with the approval of the appropriate government agencies;
(H) should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or coral
alignments, pavings or walks be encountered, work in the
imme$iate area shall cease and the Planning Department shall be
immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Department when it
finds that sufficient mitigative measures have been taken;
(i) all other applicable laws, rules, regulations, and
requirements shall be complied with, including those of the
Department or Health; (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 applicants' 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 Change of Zone.
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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 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 Yor 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 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.
BY:
•i~ '
COUNCIL MEMBER, COUNT F HAWAII
Hilo, Hawaii
Date of Introduction: August 5, 1992
Date of 1st Reading: August 5, 1992
Date.of 2nd Reading: August 19, 1992
Effective Date: September 2, 1992
APPROVED AS TO FORM AND LEGALITY:
o[~R CORP TION COUNSEL
Dr.T D: JUN 1 8 1992
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AMENDMENT TO
A1r1ENDINQ SECTfON Z5-tl4 (c/TY OF HILO ZONE
MAP) ARTICLE 3, CHAPTER 25 (ZON1Nt3 co1~L)
OF THE HAYVAfI COUNT'7' COpE 87' CHANGING
THE DfSTRICI- CLA35iFICATION PROM AORi-
CLJLTURAL (A-Iq) TO 81NGLt= FAM1Ly RESIDEN-
TIAL (~5-10) AT {°OIVAHAWAI, SOUTH HtLO,
HAWAfI-
PREPARED BY _ Pt-ANNINQ DEpARTMCNT
cevNT7' o>= HAWAII
TMhC 2-3-4°~ = S~
JUNE 1, 19~~
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THE ZONING CODE
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