HomeMy WebLinkAboutORD 1989-044 1988-1992COUNTY OF HAWAII:, TATE OF HAWAII
Bill No.
ORDINANCE NO,
AN ORDINANCE AMENDING SECTION 25 -114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITION B AND THE ADDITION OF
NEW CONDITIONS TO ORDINANCE NO. 733 WHICH RECLASSIFIED LAND
FROM SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FOOT (RS -15) TO
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FOOT (RS -10) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2 -4- 11:166.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 733 is amended as follows:
"7.29 (rrrr). The district classification of the
following area situated at Waiakea, South Hilo, Hawaii,
shall be Single Family Residential (RS -10):
Beginning at the southwest corner of this parcel of land,
being the northwest corner of Lot D -5, and on the east
side of Kehaulani Street, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALAI" being 13,057.63 feet South and 8,083.64
feet East, thence running by azimuths measured clockwise
from True South:
1. 1750 40' 180.00 feet along the east side of
Kehaulani Street;
2. 2650 40' 242.00 feet along a portion of Lot
712 -A, Lot B and a 16 -foot
wide roadway Lot;
3. 3550 40' 180.00 feet along Lot 6, Lot 5, and
Lot 4, all being portions of
Lot 711 -B, Grant 10,499;
4. 850 40' 242.00 feet along Lot D -1 and Lot D -5
to the point of beginning and
containing an area of 43,560
Square Feet or 1.000 Acre.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
37
This subsection is conditioned upon the following:
(A) that the petitioner, Archie Komae, shall be responsible for
complying with all of the stated conditions of approval;
(B) that subdivision plans shall be submitted and tentative
approval secured within one (1) year from the effective date of
the zone change. Final subdivision approval shall be secured
within one (1) year [thereafter] from the effective date of
this amendment; (C) that prior to issuance of final subdivision
approval, a roadway improvement cash contribution shall be paid
to the Finance Director of the County of Hawaii. The amount of
said contribution shall be the approximate equivalent of the
petitioner's share of a privately- initiated improvement
district for Kehaulani Street, covering roadway, drainage, and
related improvements, and shall be used for those purposes, as
determined by the Chief Engineer. Further, should an
Improvement District or similar arrangements be initiated for
the improvement of Kehaulani Street, the landowners of the
subject property shall automatically participate in such an
arrangement. Should the individual share for the Improvement
District exceed the amount originally contributed by the
petitioner, then the petitioner shall contribute towards the
difference; (D) that a single family dwelling, in addition to
the existing dwelling, shall be constructed on one (1) of the
-2-
proposed lots within three (3) years from the date of receipt
of final subdivision approval; (E) that all water runoff
generated by the proposed development shall be disposed of by a
drainage system acceptable to the Department of Public Works;
[and] (F) an annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
effective date of the 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; (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 requirements of the Unified
Impact Fees Ordinance; and (H) that all other applicable rules,
regulations, and requirements be complied with. Should any of
the foregoing conditions not be met, rezoning of the area to
its original or more appropriate designation may be initiated."
SECTION 2. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material, and underscoring need not be
included.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
-3-
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: .
March
1,
1989
Date of 2nd Reading:
March
15,
1989
Effective Date:
March
21,
1989
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TO THE Z®NINS CODE
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