HomeMy WebLinkAboutBIL 009 Draft 03 1998-2000 COUNTY OF HAWAI~I~~' STATE OF HAWAII
=`°'~u..::~s' BILL NO. 9
(Draft 3)
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 2-4-11:87.
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 area 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
square 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 azea 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 cleazance from the DLNR-HPD when it fords that
sufficient mitigative measures have been taken.
D. Should an improvement district or similaz arrangement be initiated in the future
for curb, gutter, sidewalk, drainage and related improvemenu 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.
Restrictive covenants in the deeds of all Lhe nronose~ lots within Lhe cubiect
property
,shall prohibit the construction of a second dwelling »nit on each lot. A
~p
opy f th_e propQSed covenant(~.~t~ ~ recorded with the Bureau of
onv yan~PC shall b` submitted to the P1arLning_Director for review and
approval nrior to the issuance of Final Subdivision Anproval A conv of the
approved covenant shall be recited in an instrument executed by t e anolicant
and the Count and recorded with the Bureau of Conveyances for any_portion of
-2-
the s~j cg~t propg~y. A copy of the recorded document chap be filed wi h he
Pl_ annine Department upon its recejpt from the Bureau of Conveyances
[E] 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
Department of Public Works, Department of Health and Department of Water
Supply.
[G] l3. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Duector upon the following
circtunstances:
I . The non-performance is the result of conditions that could not have been
foreseen or aze 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
-3-
within one year may be extended for up to one additional year).
[H] I• Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~
C CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of InVoduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
ktFEkF,~ICF~ 25.002
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AMENDMENT TO THE ZONING CODE
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.
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-4-11:87 OCTOBER 27, 1998
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