The URL can be used to link to this page

Home My WebLink AboutORD 1995-061 1994-1996COUNTY OF HAWAII :..STATE OF HAWAII BILL NO. 55 ORDINANCE NO. 95 61 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-3a) TO RESIDENTIAL-AGRICULTURAL (RA-2a) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-38:7. 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 property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Residential-Agricultural (RA-2a): Beginning at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM " being 16,187.16 feet South and 1,563.56 feet West and running by azimuths measured clockwise from True South: 1. 355° 40' 1,177.65 feet along Lots 9 to 15 of Waiakea Meadows, Increment 1, along County Road and also along Lots 16 to 33 of. Waiakea Meadows, Increment 2; 2. 85° 40' 160.00 feet along Lot 1003-B-1, being a portion of Lot 1003, Waiakea Homesteads, 2nd Series, (Portion of Grant 10543 to Shinkichi Higa); 3. 175° 40' 1,177.65 feet along Lot D-1, a portion of Lot D, being also a portion of Lot 916, Waiakea Homesteads, 2nd Series, Grant 11622 to Gilbert Takeo Yamaguchi; 4. 265° 90' 160.00 feet along Haihai Street to the point of beginning and containing an area of 4.326 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 applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval shall be secured from the Planning Director within five years from the effective date of this ordinance. C. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately -2- notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. D. As agreed to by the applicants, restrictive covenant(s) in the deeds of all the proposed residential-agricultural 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 Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicants and the County, recorded with the Bureau of Conveyances, and a copy of the recorded covenant filed with the Planning Department upon its receipt from the Bureau of Conveyances. 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: -3- 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. 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 the 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: L~/ COUNCIL 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: c~ A ~~ :; ~ CORPORATION// COUNSEL DATED : 7~~ S /~/~ -5- C 14 Ia Iv R711e -KUPULAU l1A1hiA1 STREET 5TRH8T A 3e ~pli~j ~~IQS Fo~p~ Z. N~ A 'Je AGI?tcULTl1RAL (A-3o) 'r0 tQESIDL~NTIAL - AGRICUL-TURAI._. (j?A-Zp AIQEA = 436 ACRES AT3a 0 30 i. R9 -1 e ' e KI~.AU CA e6 W AVHNU~-~ Rs -re N ~ N N n n 0 d' e N (` ra - o ~ R9-ro 0 u Q Q W RS t9 N ~ W t\ NN L n j R~-lo ++ t Q a W Q y. ~ N R3-1e . W 0 R~ m ~ Q Y W J 0 Q z p _ z I w < Y j RS-le RS 15 RS-le 63~40'~ ~- -- I6o.oo R°s-le ~ A-3u Is AMENDMENT TO THE ZONING CODE AMENDING SI_GTtON 25-It4 (CITY OF HILO ZONE MAP) ARTICL.B 3, cHAT°TER ~5 (ZONING COt7t=) of THe HAWAII couNTY coves k3Y cHAN~IN~ THE D15TRIC'~' CLA5511=ICA"r'ION Fl~OM AGtQICUL- T'uRAt_ (A-3a) "f'a RESIT~Et~t't"fAL-AGRtCULTUI~At_ (RA-2a) AT tNAIAtCEA, SouTH Ht~-o, HAWAIt_ 1°IQEPAREI~ 13Y _ PLANNING pEpARTMENT COUNTY OF HAWAII I T M K ~-4-38 = 7 SAt.t. zo, 19Qs WI W J 11f 0 Y CM ICHACL S- GIN OmA, CAROL S. CSINOZA EXHIBIT 1t A„ ANO JAMES S- SAKAI~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii ~r ~', .l I ~I I~ 1 L ~ Introduced By: Date Introduced: First Reading: Published: REMARKS: Keola Childs April 5, 1995 April 5, 1995 Second Reading: April 19, 1995 To Mayor: April 20, 1995 Returned: April 27, 1995 Effective: April 26, 1995 Published May 3, 1995 REMARKS: I DO HEREBY CERTIFY that indicated above. APPI CORPORATION COUN51 COUNTY OF HAWAII ~`' APR 2 5 1995 gate Al+~ed~Hi~ his of `~ MAY , COIINT'1' OF liA II ROLL CALL VOTE r, ~~, AYES NOES ABS EX Arakaki X Bonk-Abramson X Childs X De Lima X Domino X Osorio }{ ~~ X Ray X Smith X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Bonk-Abramson X Childs X De Lima X Domingo X Osorio X Rath X Ray X Smith X 0 0 0 adopted by the County Council and published as Bi11 No.: 55 Reference: C-23n8/PC-39 Ord. No.: 95 6l