HomeMy WebLinkAboutBIL 139 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 139
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 AGRICULTURAL (A-3a) TO
FAMILY AGRICULTURAL (FA-la) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED
BY TAX MAP KEY 2-2-48:14 AND 91.
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 Family Agricultural (FA-la):
Beginning at the southeast corner of this pazcel of land, being also the southwest
comer of Lot 2-C and on the northerly side of Makalika Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALM", being
15,908.51 feet South and 15,746.79 feet East, thence running by azimuths measured
clockwise from true South:
1. 71° 00' 375.00 feet along Makalika Street;
2. Thence along the remainder of Grant 13,030 to Tsugio and Asako Miyamoto
(Lot A) on a curve to the right with a
radius of 20.00 feet, the chord
azimuth and distance being:
116° 00' 28.28 feet;
3. 161 ° 00' 662.50 feet along the remainder of Grant 13,030
to Tsugio and Asako Miyamoto
(Lot A);
4. 251 ° 00' 395.00 feet along the remainder of Grant 13,030
to Tsugio and Asako Miyamoto
(Lot A);
5. 341 ° 00' 682.50 feet along the remainder of Grant 13,030
to Tsugio and Asako Miyamoto
(Lot 2-C) to the point of beginning
and containing an azea of 6.187
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. The applicants shall submit the anticipated maximum daily water usage
calculation and the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance .
C. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
D. Final Subdivision Approval of the proposed subdivision within the subject
properties shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance.
E. Install street lights, signs and markings meeting with the approval of the
Department of Public Works.
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F. All new wastewater systems for each proposed lot within the subject property
shall comply with the State Department of Health.
G. 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.
H. Comply with all other applicable laws, rules and regulations and requirements
of the affected agencies for the development of the subject properties.
I. 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 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
reason for the granting of the change of zone.
4. The time extension granted shall be for a period of 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).
-3-
5. If the applicants should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
J. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject property 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:
-
' CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENGE~ Comm. 465
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-4-
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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
AGRICULTURAL (A-3a) TO FAMILY AGRICULTURAL (FA-ta) AT WAIAKEA, SOUTH HILO, HAWAII
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-2-a8: t 4 & 91 SEPT. i 999
EXHIBIT "A„ cMivAUO*o~