HomeMy WebLinkAboutORD 1993-028 1992-1994COUNTY OF HAWAII :STATE OF HAWAII
BILL NO. 682
93 28 (Draft 2)
ORDINANCE NO
AN ORDINANCE AMENDING SECTION 25-114, (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITIONS C, F AND G, AND THE
ADDITION OF CONDITIONS H, J AND K OF ORDINANCE NO. 87-111, WHICH
RECLASSIFIED 28.74 ACRES OF LAND FROM AN AGRICULTURAL (A-3a) TO
AN AGRICULTURAL (A-la) ZONED DISTRICT AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-4-34:17.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 87-111 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
Agricultural (A-la):
Beginning at an iron pipe at the Northeast corner of this
lot, the Northwest corner of Japanese School Lot and on the
South side of "Road A", the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALAI" being 18,559.6 feet South and 2,993.2 feet
West, as shown on government Survey Registered Map No. 2650,
and running by true azimuths:
1. 355° 40' 1,323.00 feet along Japanese
School Lot and
Lot 1104 to an iron
pipe;
2. 85° 40' 968.00 feet along Lot 1205
to an iron pipe;
3. 175° 40' 1,223.00 feet along Lot 1106
to an iron pipe;
4. 243° 59' 102.10 feet along the South
side of "Road A" to an
iron pipe;
5. 253° 54' 105.00 feet along the same to
an iron pipe;
6. 262° 37' 30" 771.30 feet along same to the
point of beginning.
AREA 28-74/100 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 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. The zoning of the property shall not be
in effect until the water commitment payment is accepted by the
Department of Water Supply; (B) the applicants, successors, or
assigns shall comply with all of the stated conditions of
approval; (C) subdivision plans shall be submitted to the
Planning Department within one year from the effective date of
the zone change as noted in Condition A. Final subdivision
approval shall be secured within one year from the (date of
receipt of tentative subdivision approval] effective date of
this amendment; (D) building permits for the construction of
single family dwellings on twenty-five percent of the proposed
lots shall be obtained within three years from the date of
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receipt of Final Subdivision Approval; (E) a drainage system
shall be installed in accordance with the requirements of the
Department of Public Works; (F) a 15-foot wide future road
widening strip shall be delineated and set aside on the
subdivision plan along the length of Ainaola Drive. Further, a
40-foot wide strip along the length of the east property line
shall be delineated and set aside for the future extension of
Kupulau Street. Such road widening strips shall be dedicated
to the County upon its request; (G) access to the proposed lots
from [Kaumana] Ainaola Drive shall meet with the approval of
the Department of Public Works; {H) restrictive covenants in
the deeds of all the proposed lots hall prohibit the
construction of a second dwelling unit on each to A opv of
the proposed covenant(s) to be recorded with the Bureau of
Convevances shall be submitted to the Plannino Department for
review and approval prior to final subdivision approval A
COPY of the approved covenant shall be recited in an instrument
executed by the applicant and the county and recorded with the
Bureau of Convevances likewise prior to final subdivision
approval: [and] ([H]I) all other applicable rules, regulations
and requirements shall be complied with; S[I]J) an annual
progress report shall be submitted to the Planning Director
prior to the anniversary date of the amendment. The report
shall include. but not be limited to, the status of the
development and to what extent the conditions of approval are
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being complied with. This condition shall r main in ffect
until all of the condition of approval have b n complied with
and the Planning Director acknowleda that further reports are
not required; [[J]K) should the Council adopt a Unified impact
Fees ordinance setting for h rit rig for the imposi ion of
exactions or the assessment of impact fees ondition included
herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance• ([K7~ [An] an initial extension
of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following
circumstances: a) 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; b) granting of the
time extension would not be contrary to the general plan or the
zoning code; c) granting of the time extension would not be
contrary to the original reasons for the granting of the change
of zone; d) 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 e) 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
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timely fashion, the Director [may] shall initiate rezoning of
the area to its original or more appropriate designation.
(SECTION 3. Should the Council adopt A Uniform Impact
Fees Ordinance setting forth criteria for the imposition of
eaactions or the assessment of impact fees, conditions included
herein may be satisfied by performance in accordance with the
requirements of the Uniform Impact Fees Ordinance.]"
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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:
~~
COUN IL MEMBER, OUNTY HAWAII
Hilo, Hawaii
Date of Introduction: March 10, 1993
Date of 1st Reading: March 10, 1993
Date of 2nd Reading: April 7, 1993
Effective Date: April 21, 1993
APPROVED AS TO FORM AND LEGALITY:
-• ~'+.~ COktP~RATION COUNSEL
DATE: GRPR 1 J p~%'~
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AMENDMENT TO THE ZONING CODS =
AMENDING SECTION 25-114 (CITY CF HILO ZONE
MAP) Al~T1CLC ~, CHAPTE>~ ~5 (ZONING GOUC~
OP THE HAWAII COUNTY CO~C, AY CHANGING
THC DISTT~-CT CLA551F1CAT10N Ff?OM AGT~I-
CUI.TURAL (A-~e~) -r0 AGT~2ICULTL114AL (A-lel~
AT WAtAlCCA, 50L1TH HIl_O, HAWAII.
PIRCt°AIQED ~Y PLANNING ~EpAftTlvlC-NT
COUNTY of HAWAII
TMK = 2 -4-~4 = 17
,JULY B, I°~87
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