HomeMy WebLinkAboutORD 1995-116 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO.~ ~?
(Draft 2)
ORDINANCE NO. 95 116
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 2-4-14:50.
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 Single
Family Residential (RS-10):
Beginning at the southeast corner of this parcel of land, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALM ", being 9,292.99 feet
South and 6,059.41 feet East, and running by azimuths measured
clockwise from True Sauth:
1. 85° 40' 222.00 feet along Lot 12, a portion
of the subdivision of Lot
514-A, Waiakea Homesteads;
2. 175° 40' 120.00 feet along the east side of
Kanoelani Street;
3. 265° 40' 222.00 feet along Lot 16, a portion
of the subdivision of Lot
514-A, Waiakea Homesteads;
4. 355° 40' 120.00 feet along a portion of
Waiakea Homestead Lots, 5th
Series, being a portion of Lot
513-B, Waiakea Homesteads to
the point of beginning and
containing an area of 26,640
Square Feet.
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, 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 change of zone ordinance.
C. Accesses to the subject property shall meet with the
approval of the Department of Public Works.
D. Restrictive covenants in the deeds of all the proposed
lots shall prohibit the construction of an ohana dwelling
or a second dwelling unit on each lot. A copy of the
covenants with this requirement shall be submitted to the
Planning Department for review and approval and a copy of
the approved covenants shall be recited in an instrument
executed by the applicants and the County prior to final
subdivision approval for any portion of the subject
property. The Planning Director shall promptly deliver
such document to the Bureau of Conveyances for
recordation. A copy of the recorded document shall be
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
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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 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) .
G. 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.
-3-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
~~ ,
COUNCIL
Hilo, Hawaii
Date of Introduction: September 6, 1995
Date of 1st Reading: Septenber 6, 1995
Date of 2nd Reading: September 20, 1995
Effective Date: Septenber 28, 1995
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APPROVED AS TO FORM AND PTI~
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CORPORATION COUNSEL
DATE: ~~ ~ y /~~r
COUNTY OF HAWAII
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ps _ 15 ~~ TRUE NORTH
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Scale: i' = 200'
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H IY
IWALANI STREET
RS-15 KS-15
175 ° 40' -
O
120.00 KANOELANI STREET ,-
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k5-15
1 N o
O p p K
I SINGL E FAMILY
m
3ss° ao' RESIDENTIAL (RS-15) TO
120.00 SINGLE FAMILY o
9 ,292 .99 s RESIDENTIAL (RS-10) a
6 ,059 .41 E Z
" HALM " ~ Q
AREA: 26
640 SQ. FT a
,
.
ANELA STREET
k5 15 m
KS-15
3
AMENDMENT TO THE ZONING COD E
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.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-4-14:50 JULY 5, 1995
EXHIBIT ~~A~. (SAKANE)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona Hawaii
JJ ,. ,_. __.~ ,.~~ __.
intuF-r ~i
Introduced By: Takashi Domingo
Date Introduced: September 6, 1995
First Reading: Septenber 6, 1995
Published: N/A
REMARKS:
Second Reading
To Mayor: September 22, 1995
Returned: Septenber 29, 1995
Effective: September 28, 1995
Published October 12, 1995
REMARKS:
ROLL CALL VOTE
AYES NOFS ABS EX
Arakaki }{
Bonk-Abramson X
~~ X
De Lima X
Domingo X
Osorio }{
Rath X
~Y X
Smith }{
9 p p p
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
Rath }{
RaY X
Smith X
8 0 1 n
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
i dicate a_._gvet ,~.
- ~ [/~/
_~_ /C L~~Q~___ .__ COUNCIL CHAIRMAN r
C.~~iSi ~.i}i,,. 'I _ CJI~
Date_"_"L_~__'__~_1 ./r ~ ]COUNTY CLERK ~
A / ~ g day
of 1~.~ 19~_.
YO ,COUNTY OF WAII Bil1Na.: 132 (Draft 2)
Referexce: C-618/PC-71
Ord. No.: i