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Home My WebLink AboutORD 1995-056 1994-1996COUNTY OF HAWAII . , ,STATE OF HAWAII BILL NO. 53 ORDINANCE NO. 95 56 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 AGRICULTURAL (A-l0a) TO AGRICULTURAL (A-3a) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-48:12. BE IT ORDAINED BY 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 properties described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Agricultural (A-3a): PARCEL 1: Beginning at the northwest corner of this parcel of land and on the easterly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 15,266.22 feet South and 13,655.97 feet East, thence running by azimuths measured clockwise from true South: 1. 251° 00' 1,014.60 feet along Grant 13,031 to Noboru Nakayama and Hatsuyo Nakahara Nakayama (Lot 1-A); 2. 341° 00' 644.00 feet along the remainder of Grant 13,032 to Yoshio Kami and Etsuko Okamoto Kami (Lot 1-A); 3. 71° 00' 1,014.60 feet along Grant 13,033 to Takeo and Sadame Matsuyama Watanabe; 4. 161° 00' 644.00 feet along Awa Street to the point of beginning and containing an area of 15.00 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed residential-agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. C. To provide sufficient pressure and domestic flow to the subject property, the applicants shall install a new water line from Makalika Street to the subject property in a manner meeting with the approval of the Department of Water Supply, prior to the issuance of Final Subdivision Approval for the proposed 4-lot subdivision. D. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be -2- encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. 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. An initial 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, its 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. -3- 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). 5. Should the applicants require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. G. 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: NCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: April 5, 1995 Date of 1st Reading: April 5, 1995 Date of 2nd Reading: April 19, 1995 Effective Date: April 26, 1995 APPROVED AS TO FORM AND LEGALITY: .._..r' CORPORATION COUNSEL DATE: y/.~~I~~IS -5- ~ A-IOy A-•~4 N ~ u q-JO ~ H ~U~ ¢ A 3q i •• X00 ,= o Sc <T~ ~ .. J A 3q - e -. 0 A Sa ~j e ' m ~ A-3q c J z "NANI MAU 6ARCCN9" ~" N - ~ W _ ~ AHUNA ROAD H41•oe'+c44-oo A-loq ,Wy .~I A~3e A-bo ~ N 0 A-~ ~ A-loe Q p io o AGRICULTURAL A-loo ~ u _ - To A6RICULTUr2AL (A-3q Q ~ t { AREA = 15-000 AGREE ~ o° ~ W 0 0 A foe III n A- ioe -- 7~- A 9a = AWA STREET 1•eo•~ .ee A-Sq ~ IS,26C-'3.2 9 13, 685.97 C "MALAI" D 7 A 3e ~ A-3a ~ -- A 5q i d Q U Y "PANAE W.A PARM LoT6" ~ } __ Z_ Q _ A-5q Q I 0~.. __' ~3 0 ~~ ` A-fie g A//yla ~ A loq 4 I + A 3q / ' AMENDMENT TO THE ZONING CODE AMENDING SECTION 2~-114 (CITY OF HiLO ZvNE MAP) ARTICLE 3, CHAPTER ~,5 (ZONING COpE) OF THE HAWAII CouNTY CODE 13`1' CHAI`IGING THE DISTRICT cLA551F1CAT~oN FROM A6R1CUL- TURAL_ (A-IOq) 'ro AGR1CUl.7-U(~AL (A-3c~) AT WAIAKt=A, SOUTH Hil.-o, HAWAII. PREPARED eY = P~-ANNING t7EPARTMENT couNTY of HAWAU ThnK ~-~-48 = t~ SAN. 19, 1995 EXHIBIT IIMII (`roSHlo AND ~7'SVKe KAMI~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo .Hawaii Introduced By: Date Introduced: Fust Reading: Published: REMARKS: Keola Childs April 5, 1995 April 5, 1995 Second Reading: April 19. 1 To Mayor: April 20, 1995 Returned: April 26, 1995 Effective: April 26, 1995 Published May 3, 1995 REMARKS: -ROLL CALL VOTE- AYFS NOES ABS EX Arakaki X Bonk-Abramson X Childs X De Lima X Domingo }{ Osorio X Rath X Ray X Smith X 9 0 0 0 ROLL CALL VOTE AYFS NOES ABS EX Arakaki X Bonk-Abramson X Childs X De Lima X Domingo X Osorio }( ~~ X Ray X Smith X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED a; fo _ CORPORATION COUNSEL COUNTY OF HAWAII Approved/ of_~ Date APR 2 5 1995 /%~ /1 MA ,COLINTYOF All Bill No.: 53 Reference: - - Ord. No.: 95 5