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HomeMy WebLinkAboutBIL 009 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 9 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, 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-I 1:87. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, 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 azea situated at Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS-10): Beginning at the North west comer of this lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 13361.30 feet South and 6873.14 feet East, thence running by azimuths measured clockwise from true South: 1. 265° 40' 232.00 feet along Lot 32; 2. 355° 40' 93.88 feet along a 40 foot roadway; 3. 85° 40' 232.00 feet along Lot 36; 4. 175° 40' 93.88 feet along Lot 713-B to the point of beginning, and containing an azea of 21,780 squaze feet. All as shown on the map attached hereto, mazked 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. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this ordinance. C. Should any remains of historic sites such as rock walls, terraces, platforms, or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it fmds that sufficient mitigative measures have been taken. D. Should an improvement district or similar arrangement be initiated in the future for curb, gutter, sidewalk, drainage and related improvements to Naniakea Street, 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. E. 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance. F. Comply with all other applicable rules, regulations and requirements of the affected agencies for the development of the subject property including the -2- Department of Public Works, Department of Health and Depaztment of Water Supply. G. An initial extension of time for [he 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 applicant, 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). H. Should any of the conditions not be met or substantially complied with in a timely fashion, the Dtrector may initiate rezoning of the azea to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HA All Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 25 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -4- is Is z ts,lf ' t5 Rf If If ' i I t5-If s a r m m o a _ ' r > m RS-li i _ ~ n 2 0 0 ' ~ O m v r O II ' " N Z J ~ Z m A ei > m s m w m m y m V m ,11 ~mi ~ 1 1--' 9 m m tf If RS If R S I f t3 If . . R T RS If - - RS I! RS If ....~eW Si nN~ - - t5 If !f If I•~9il~inl m t5 If r rR Siatlon prRN a c r a 't Z z O i m ' Hllo : ; ' i Z a SINGLE FAMILY m RESIDENTIAL (RS-15) ~i ts•IS TO : n cs Is I ;RS o SINGLE FAMILY ts•IS Rs If m j to RESIDENTIAL (RS-10) ~ Rs-If AREA 21,780 SOFT. Rslf al ;D~ ',>1 Munlclpal z_I ' 13,361.30 5 ` I 6,873.1 a E r s t a I ..HALM" Q. jm• =4 u ~ Rf I! a Golf ts•IS is Is m 11 1 Drew m { i .1 1 Gourss Drew R If tS If t t AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE} OF 7HE 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. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-4-11:87 OCTOBER 27. X998 EXHIBIT "A" fnw s..nwMOro)