HomeMy WebLinkAboutORD 1993-070 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 90
ORDINANCE NO. 93 '70
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 B OF ORDINANCE
NO. 90-94, WHICH RECLASSIFIED 21,727 SQ. FT. OF LAND FROM
SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL
(RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY 2-4-11:176.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 90-94 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 northwest corner of this parcel of land,
the southwest corner of Lot 1-C and on the northeast side
of Kimo Place, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"HALAL" being 12,080.66 feet South and 8,892.11 feet East
and running by azimuths measured clockwise from True South:
1. 265° 40' 130.00 feet along Lot 1-C;
2. 355° 40' 259.68 feet along the remainder
of Grant 10721 to Tadashi
Kato;
3. 85° 40' 41.41 feet along Lot 3-C-3;
4. 163° 30' 17.89 feet along Kimo Place;
5. 157° 21' 111.03 feet along Kimo Place;
6. 155° 37' 145.61 feet along Kimo Place to
the point of beginning and
containing an area of
21,727 Square Feet.
All as shown on the map attached hereto, marked
Exhi bit "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; (H) final subdivision approval
shall be secured within one year from the .effective date of '
[the change of zone this amendment; (C) access shall meet with
the approval of the Department of Public Works; (D) a drainage
system shall be installed in accordance with the requirements
of the Department of Public Works; (E) should an improvement
district or similar arrangement be initiated in the future for
curbs, gutters, sidewalks, and drainage improvements to Kimo
Place, the property owner(s) shall participate automatically in
such an arrangement. Written assurance for implementation of
this condition shall be submitted to the Planning Department
prior to final subdivision approval; (F) all other applicable
laws, rules, regulations, and requirements shall be complied
with; (G) should the council adopt a Unified Impact Fees
ordinance setting forth criteria for the imposition of
-2-
exactions or the assessment of impact fees, conditions included
herein may, at the developers' 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 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 and the Planning Director acknowledges that further
reports are not required; and, (I) 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
-3-
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."
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.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
VH ~ ~
COUNCIL ME ER, C NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 14, 1993
Date of 1st Reading: July 14, 1993
Date of 2nd Reading: July 28, 1993
Effective Date: August 5, 1993
APPROVED AS TO FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
DATED: ~/~7~~I
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION Z5-114 (CIT7' OF HIL-C ZONC
MAI°) ARTICLE ~, CI---AI°TE1~ '~5 (ZONING COOE~
OF THE HAWAII COUNT7' CODi=, Fj7 CHANGING
T}iC OISTTi1CT CLA551FIC/~T10N FROTv1 SiNGLC-
FAMIL7' RESI~ETVTIA~- (RS-IS) Tv 51NGLE
FAMiL7' RESIDENTIAL (RS-lo) AT WA)AK1=A,
SOUTH HILO, I-tAl^1A)1-
p°RC-!°ARED 87' _ PI-ANNITrG OEI°ARTMENT
COUNT7' or h-!A1^rAll
"~!K = ~-4-I! = 176 APRIL S. ~°~°-~o