HomeMy WebLinkAboutORD 1994-002 1992-1994r(aI~~TTY QF HAWAII ', ~~ ~~'.A,TF, OF HAWAII
BILL NO. iss
(Draft 2)
ORDINANCE NO. 94 2
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 2-4-11:169.
BE IT ORDAINED B=I 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 a point at the Southeast corner of this piece
of land being also the Northeast corner of Parcel D-2, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI" being
12,758.35 feet South and 9,274.42 feet East, and running
by true azimuths measured clockwise from South:
1. 85° 40' 269.83 feet along Parcel D-2;
2. 182° 07' 85.95 feet along the East side
of Kimo Place (40-foot
wide road);
3. 265° 40' 260.18 feet along Lot 3-A;
4. 355° 40' 85.44 feet along Lot 5 and 4 of
Block 703, Waiakea
Homestead House lots, to
the point of beginning and
containing an area of
22,644 square feet or
0.5198 acres, more or less.
All as shown on the map attached hereto, marked
Eahibit "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) the applicant
shall indemnify and hold the County of Hawaii harmless from and
against any loss, liability, claim or demand for the property
damage, personal injury or death arising out of any act or
omission of the applicant, its successors or assigns, officers,
employees, contractors and agents under this ordinance or
relating to or connected with the granting of this ordinance.
(C) final subdivision approval shall be secured within three
years from the effective date of the Change of Zone;
(D) accesses to the subject property onto Kimo Place, shall
meet with the approval of the Department Public Works;
(E) drainage improvements, if required, shall be provided in a
manner meeting with the approval of the Department of Public
Works, prior to securing Final Subdivision Approval; (F) the
applicants shall install a wastewater treatment system meeting
with the requirements of the Department of Health; (G) as
agreed by the applicant, restrictive covenants in the deeds of
-2-
all the proposed lots shall prohibit the construction of a
second dwelling unit on each lot. A copy of the proposed
covenant(s) to be recorded with the Hureau of Conveyances shall
be submitted to the Planning 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
Conveyances likewise prior to final subdivision approval; (H)
should an improvement district or similar arrangement be
initiated in the future for curb, gutter, sidewalk, drainage
and related improvements to Kimo Place, the property owner(s)
shall participate automatically in such an arrangement.
Written assurance for implementation of this condition, in the
form of a deed covenant, shall be submitted to the Planning
Director prior to final subdivision approval; (I) all other
applicable laws, rules, regulations and requirements shall be
complied with; (J) should the Council adopt a Unified
Impact-Fees Ordinance setting forth criteria for imposition of
exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the
Unified Impact Fee Ordinance; (K) an annual progress report
shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the ordinance. 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
-3-
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 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
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
timely fashion, the Director shall initiate rezoning of the
area to its original or more appropriate designation.
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.
-4-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL ME BER, COUb OF HAWAII
Hilo, Hawaii
Date of Introduction: December 22, 1993
Date of 1st Reacting: December 22, 1993
Date of 2nd Readinq: Janaury 12, 1994
Effective Date: January 26, 1994
APPROVED AS TO FORM AND LEGALITY:
AE'?^Ei®VED as fio
Fd~i'.3 and LEsALITY
Y COF.PO?ATION COUNSEL
COUNTY OF HAWAII
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-114 (CITY of HILV zvNE
MAP) ARTICLE 3, CHApTCR ~5 (ZONING CODE) OF
THE HAWAII CouNT>' CODE 13Y CHANGING THE
DISTRICT CL,gSSIFICAT1oN F1"'iOM SlN6LE FAM1Ly
RESIt~ENTIAI C~s-IS) TO 51NGLE FA1~-11L.y 1~ESt-
DENTIAL. (I?S - lo) ,qT WAfAKEA, SOUTH Hll..o,
HAWAft_
PREpAREp B7' PLANNING T7>=I°A1~tTMENT
CouNT7 of 3''fAWAII
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