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COUNTY OF HAWAII ;;STATE OF HAWAII
T
Bill No.
ORDINANCE NO.
5 ,
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 AGRICULTURAL
(A -la) TO SINGLE FAMILY RESIDENTIAL (RS -7.5) AT PONAHAWAI,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2 -3- 39:40.
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
32
the district classification of properties described hereinafter
as follows:
The district classification of the following area
situated at Ponahawai, South Hilo, Hawaii, shall be Single
Family Residential (RS -7.5):
Beginning at the West corner of this parcel of land, on
the Northeasterly side of Wiliwili Street, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "HALAL" being 2,078.91 feet South
and 2,444.72 feet West and running by azimuths measured
clockwise from True South:
1. 2260 15'
2. 3160 15'
3. 46° 15'
325.00 feet along Lot 60 (portion of
Grant 252 to B. Pitman);
134.04 feet along the remainder of
Grant 252 to B. Pitman;
325.00 feet along the remainder of
Grant 252 to B. Pitman;
4. 1360 15' 134.04 feet along Wiliwili Street to
the point of beginning and
containing an area of 1.000
Acre.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) The applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) Subdivision plans shall be
submitted for tentative approval within one year from the
effective date of the change of zone. Final subdivision
approval shall be secured within one year from the date of
receipt of tentative subdivision approval; (C) A drainage
system shall be installed meeting with the requirements of the
Department of Public Works; (D) Wiliwili Street along the
frontage of the subject property shall be improved with curbs,
gutters and sidewalk meeting with the approval of the
Department of Public Works prior to final subdivision approval;
(E) In order to prevent the continuation of a non - conforming
use as a result of this change of zone action, unless otherwise
permitted under the requirements of section 25 -120 of Chapter
25 (Zoning Code), Hawaii County Code, as amended, the raising
and keeping of fowls on the property shall cease within thirty
(30) days from the effective date of the change of zone
ordinance; (F) All applicable County and State laws, rules,
regulations and requirements shall be complied with; (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 may, at the developer's
election, be satisfied by performance in accordance with the
-2-
requirements of the Unified Impact Fees Ordinance; (H) An
annual progress report shall be submitted to the Planning
Director prior to the anniversary date of the effective date of
zone change. The report shall address the status of the
development and the compliance with the conditions of
approval. This condition shall remain in effect until all of
the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required; and, (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, 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; 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); and 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. Further, 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.
-3-
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
Hilo, Hawaii
Date of Introduction: March 1, 1989
Date of 1st Reading: Narch 1, 1989
Date of 2nd Reading: March.15, 1989
Effective Date: March 21, 1939
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AMENDMENT TO THE ZONING CODE
AMENDING SSCTtON (CITY of H1L.0 Z,ONC
MAP) ARTICLE 3, CHAI°TER 72S (ZONING C00M)
OF THC HAWAII COUNTY CODC, 13Y CHANOING
THC r->t5'T rRICT CL.A55IF1CATION FROM AGRI -
CUL_TUtRAL- (A -la) T'O 51NGt_C FAMILY MM!31-
l7l =NTIAL (RS -75) AT 1°ONAHAYVAI, 50UTH HILO,
HAWAII.
I°fQ1 =PARED 8Y = PLANNING bEl°ARTMCNT
COUNTY of NAKIAII
17MK = -Z-.3 -3°D = 40= �-3 -3°� = 4 ,
EXHIBIT 11 AI'
JAN. 4, vbe8-�