HomeMy WebLinkAboutORD 1989-145 1988-1992COUNTY OF HAWAII;;: >: STATE OF HAWAII
Bill No.
ORDINANCE NO. 89 145
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 SINGLE FAMILY
RESIDENTIAL (RS -15) TO SINGLE FAMILY RESIDENTIAL (RS -10) AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2 -4- 09:23.
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 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 -10):
Beginning at a pipe at the Northeast corner of this lot
and on the West side of Block 503; Waiakea Homesteads
House Lots, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"HALAI" being 8580.66 feet South and 8957.89 feet East,
thence running by azimuths measured clockwise from true
South:
1. 3550 40' 98.11 feet along Lot 7,
Block 503, Waiakea
Homesteads House Lots, to
a pipe;
2. 850 40' 222.00 feet along Lot 28 to a
pipe;
3. 1750 40' 98.11 feet along the East side
of a 40 -foot Road to a
pipe;
150
LA
4. 2650 40' 222.00 feet along Lot 30 to the
point of beginning,
containing an area of
21,780 square feet, or
thereabouts.
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
shall be secured within one year from the effective date of the
change of zone; (C) A five -foot wide future road widening strip
along Maikai Street shall be delineated on the plans submitted
for subdivision. No structural improvements shall be allowed
within this road widening strip; (D) Access shall meet with the
approval of the Department of Public works; (E) A drainage
system shall be installed in accordance with the requirements
of the Department of Public works; (F) All other applicable
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 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 the zone change. The report
shall address the status of the development and the compliance
with the conditions of approval
-2-
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; 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); 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 shall 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.
-3-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
a-4;-9CCU CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
October
18,
1989
Date of 1st Reading:
October
18,
1989
Date of 2nd Reading:
November
15,
1989
Effective Date:
November
24,
1989
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AMENDMENT TO THE ZONING CODE
AMENDING -114 (C1T- OP HiL.O ZONC
MAP) ARTICLC (ZONING OF
THC HAV`1A11 COUNT-' cODE, Fay CHANCING THC
[715TRICT CLASSIFICATION F%20M 51NGLe FAMIL-
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