HomeMy WebLinkAboutBIL 175 Draft 02 1996-19983 w
COUNTY OF HAWAT `` STATE
ORDINANCE NO. 98 13
OF HAWAII
BILL NO. 175
(Draft 2)
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 AGRICULTURAL (A -10a) TO
FAMILY AGRICULTURAL (FA -3a) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED
BY TAX MAP KEY 2-2-48:7.
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 Family Agricultural (FA -3a):
Beginning at a 1 -inch pipe at the east corner of this lot, the south corner of Lot 8
of Panaewa Farm Lots and on the northwesterly side of the 50 -foot road, the coordinates
of said point of beginning referred to Government Survey Triangulation Station
"HALAI" being 16,940.76 feet south and 12,748.92 feet east, as shown on Government
Survey Registered Map H. T. S. Plat 921, and running by azimuths measured clockwise
from true South:
710 00' 1,035.26 feet along the northwesterly side of the
50 -foot road to a 1 -inch pipe;
2. Thence along Lot 10 of Panaewa Farm Lots, on a curve to the right with a radius
of 5,289.58 feet, the chord azimuth and
distance being:
1600 57' 07" 284.21
feet to a pipe;
3. Thence still along Lot 10 of Panaewa Farm Lots, on a curve to the right with a
radius of 5,289.58 feet, the chord azimuth
and distance being:
1640 01' 51" 284.21
feet to a 1 -inch pipe;
4. Thence still along Lot 10 of Panaewa Farm Lots, on a curve to the right with a
radius of 5,289.58 feet, the chord azimuth
and distance being:
1670 06' 35" 284.21
feet to a 1 -inch pipe;
5. 2510 00' 990.22 feet along Lot 10 of Panaewa Farm Lots to a
1 -inch pipe;
6. 3410 00' 850.60 feet along Lots 7 and 8 of Panaewa Farm
Lots to the point of beginning and
containing an area of 20.00 acres, more or
less.
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, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District for the agricultural zoned
area within the subject property.
-2-
C. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from
the effective date of this ordinance. The subdivision map shall delineate the
1,000 -foot radius from the Pamewa Wells.
D. Access(es) to the proposed development within the subject property from
Makalika Street shall meet with the approval of the Department of Public
Works.
E. Restrictive covenants(s) in the deeds of all the proposed agricultural 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 convenants(s) shall be recited in an instrument executed by the
applicants and the County and recorded with the Bureau of Conveyances in
conjunction with the issuance of Final Subdivision Approval.
F. All new wastewater systems for each proposed lot within the subject property
shall comply with the State Department of Health.
G. 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 State 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.
-3-
H. 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.
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:
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting 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
reason 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).
Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject 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.
IM
SECTION 4. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
CdydNCIL MEMBER, COUNTY OF HAWAII
February 4, 1998
February 4, 1998
February 18, 1998
February 24, 1998
PEPM CORPORATION COUNSEL
DATED: -2'12 3/,?tgr
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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
AGRICULTURAL (A -10a)
TO FAMILY AGRICULTURAL (FA -3a) AT WAIAKEA,
SOUTH HILO,
HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-48: 7
NOVEMBER 3, 1997
EXHIBIT "A"
(SHICEHACA)
1 10