HomeMy WebLinkAboutBIL 258 Draft 02 1996-1998CO TY OF HAWAI ` } :� STATE OF HAWAII
BILL NO. 258
(Draft 2)
ORDINANCE NO. 98 79
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 SINGLE FAMILY RESIDENTIAL
(RS -15) TO SINGLE FAMILY RESIDENTIAL (RS -7.5) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-4-61:04.
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 Single Family Residential (RS -7.5):
Beginning at the southeast corner of this parcel of land, being also the northeast
corner of the intersection of Haihai Street and Maunakai Street, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALAI", being
15,702.20 feet South and 4,061.94 feet East, thence running by azimuths measured
clockwise from true South:
1. 85° 40'
100.00 feet along Haihai Street;
2. 1750 40' 200.00 feet along the remainder of Grant 11,265 to
the Heirs of Virginia C. Carey
(deceased);
3. 2650 40' 100.00 feet along Lot 86, Maunakai Circle
Subdivision (File Plan 1290) and
Maunakai Street;
4. 3550 40' 200.00 feet along Maunakai Street to the point of
beginning and containing an area of
20,000 Square Feet.
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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 applicant, 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 (S) years from the effective date of this ordinance. Plans shall
also delineate a 10 -foot future road widening strip and 20 -foot future radius along
the subject property's Haihai/Maunakai Streets frontage. At the time the County
initiates road widening activity, both the future road widening and future radius
portions of the property shall be subdivided and dedicated to the County of
Hawaii upon its request.
C. 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 - 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 mitigative measures have been taken.
D. 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.
E. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property including the
-2-
Department of Public Works, Department of Health and Department of Water
Supply.
F. Restrictive covenants in the deeds of all the proposed residential lots within the
subject property 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 shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances for any portion of the
subject property. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
G. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code, relating to Affordable Housing.
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:
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
-3.
I.
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).
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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C60NCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
July
1, 1998
Date of 1 st Reading:
July
1, 1998
Date of 2nd Reading:
July
15, 1998
Effective Date: -
July
24, 1998
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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KAIKEA STREET M01 STREET
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 SINGLE FAMILY
RESIDENTIAL (RS -15) TO SINGLE FAMILY RESIDENTIAL (RS -7.5) AT WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK . 2-4-61:4
EXHIBIT "A"
MAY 4, 1998
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