HomeMy WebLinkAboutBIL 034 Draft 01 2010-2012COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 34
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
AGRICULTURAL — THREE ACRES (A -3a) TO SINGLE - FAMILY RESIDENTIAL — 40,000
SQUARE FEET (RS -40) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY 2- 4- 070:PORTION 001.
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 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,
Hawaii, shall be Single - Family Residential — 40,000 square feet (RS -40):
Beginning at the southwest corner of this parcel of land and on the east side of
Lot 11, being a portion of Grant 11,608 to Raymond H. Sekido and Shizuke Sekido, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "HALAI" being 13,334.17 feet South and 1,440.74 feet West, thence running by
azimuths measured clockwise from True South:
1
175' 40' 224.10 feet along Lot 11 and Lot 9, being portions
of Grant 11,608 to Raymond H. Sekido and
Shizuke Sekido;
Thence following along the remainder of
Lot 721 -A for the next eight (8) courses, the
azimuths and distances being:
2. 269' 05'
3. 305' 40'
204.90 feet;
56.50 feet;
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4. 358'
00'
21.00
feet;
5. 18'
30'
79.00
feet;
6. 39'
00'
53.00
feet;
7. 70'
30'
97.00
feet;
8. 62'
30'
29.00
feet;
9. 79'
30'
60.00
feet to the point of beginning and containing
an area of 43,560 square feet.
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, Hawaii 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 applicant, its successor or assigns shall be responsible for complying with all stated
conditions of approval.
B. The required water commitment payment shall be submitted to the Department of Water
Supply in accordance with its "Water Commitment Guidelines Policy" within one
hundred eighty (180) days from the effective date of this ordinance.
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C. Final Subdivision Approval for the proposed development shall be secured from the
Planning Director within five (5) years from the effective date of this ordinance.
D. Access to the property shall conform to Chapter 22, County Streets, of the Hawaii
County Code
E. All development - generated runoff shall be disposed of on -site and shall not be directed
toward any adjacent properties. If required, a drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works. The
recommended drainage improvements shall be constructed, meeting with the approval of
the Department of Public Works prior to Final Subdivision Approval.
F. The method of sewage disposal shall meet with the requirements of the Department of
Health.
G. Should any undiscovered 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 - Historic Preservation
Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed
upon an archaeological clearance from the DLNR -HPD when it finds that sufficient
mitigation measures have been taken.
H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
I. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
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An initial extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
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.
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).
If the applicant(s) should require an additional extension of time, the Planning
Department shall submit the applicant's request to the County Council for
appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the 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.
M
SECTION 4. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCFA Corm. 136
-5-
EXHIBIT "A" Michael & Marcia Frenz
Map: 1305
3 K5 -20 A -3a K5 -15 K5
ILANI 5 -10 K51 -10
A -1a ULANA PL
K5 A -1a 5 -10
A -1a 5 -10
IS K -10
5 -1 C
�
_ D 'AWELE PL
PUHAU PL = AGRICULTURAL - THREE ACRES (A -3a)
L p TO SINGLE - FAMILY RESIDENTIAL -
r 40,000 SQ.FT (RS-40)
- 10 p[ 43,560 SQUARE FEET TOTAL K - 10 K5 0
5 -10
K -10
10 HUAKA PL
P15-1
p K -10
o K5- 0
K5 -15 K5- 0
K5 0 5.1 13,334.17"5
1,440.74'W
"HALA'I" PUKANA ST
KIHONUA PL K 5
-10 K5 5 D 51
A 3a D
C K5 -10 °L r-
_ - 5 10 NIOLO PL
C LO D
r
o a' In C 5 -1
Cn
uz m —+
z
D N
O A -1a K
o K -10
N s�
Dz
-10 .� 5 -1
K5- 0 - K5 -10 -10
-� m
A 1a A -1 A -1 K5 -10 m K5 -1
-1a
A -1 A -1a A K5-10 ! K510 -
Feet
0 250 500 1,000 1,500
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
AGRICULTURAL - THREE ACRES (A -3a)
TO SINGLE - FAMILY RESIDENTIAL - 40,000 SQ.FT (RS -40)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TM K: (3)2- 4- 070:001por. DATE: Nov. 08, 2010
EXHIBIT "A" Michael & Marcia Frenz
Map: 1305