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Home My WebLink AboutBIL 241 Draft 01 2008-2010 M <Y Of COUNTY OF HAWAII STATE OF HAWAII BILL NO. 241 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE - FAMILY RESIDENTIAL — 15,000 SQUARE FEET (RS -15) TO SINGLE - FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2 -4- 021:031. 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 Hawai`i County Code 1983 (2005 Edition), 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, Hawai`i, shall be Single - Family Residential — 10,000 square feet (RS -10): Beginning at a point at the Northeast corner of this lot on the South side of Haihai Street, being also the Northwest corner of Lot 3 of Block 2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,515.59 feet South and 7,054.91 feet East, and running by azimuths measured clockwise from True South: 1. 355° 40' 231.40 feet along Lot 3 of Block 2; 2. 85° 40' 88.50 feet along remainder of Block 2; 3. 175° 40' 211.40 feet along the East side of Likeke Street; Thence along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 4. 220° 40' 28.28 feet; -1- 5. 265° 40' 68.50 feet along the South side of Haihai Street to the point of beginning and containing an area of 20,393 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. 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 within five (5) years from the effective date of this ordinance. C. The applicants shall provide a 10 -foot wide future road widening setback along Haihai Street and a 5 -foot wide future road widening setback along Likeke Street including a minimum 20 -foot property line radius at the roads' intersection, which shall be denoted on the subdivision plat map. The future road widening setbacks shall be dedicated to the County within 5 years after receipt of Final Subdivision Approval. -2- D. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. F. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. G. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. H. 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, successors or assigns, and that are not the result of their fault or negligence. -3- 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. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. I. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning 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: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE' Cana 79 —®.w.. -4- r • 1 OPEN I VS II OM _ 15,515 59 . la Z05491E HALA'I" HAIHAI ST - 11 III" 1 • OPEN ii I M t 1 TMK (3)2.4-021:031 SINGLE-FAMILY RESIDEN11AL- r� RS 5,000 Q.FT. ESIDE) NO= 1 RS-15 1111 I TO SIN 1 10 000 S Q.F RESIDENTIAL- �� 10,000 SQ.FT. (RS -10) 20,393 SQUARE FEET MI it _- ralli am as a � ®a MIN Si 1 11 ! slim ar so a rim soma s ,> - saws als Feet 0 200 400 800 1,200 1,600 2,000 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS -15) TO SINGLE - FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) AT WAIAKEA, SOUTH HILO DISTRICT, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK. 2 -4- 021:031 DATE: Oct. 20 2009 EXHIBIT "A" Donna D. Watson Map 1280