HomeMy WebLinkAboutORD 1996-073 1994-1996AN 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-IOa) TO
AGRICULTURAL (A -3a) AT WAIAKEA, SOUTH HILO , HAWAII, COVERED BY TAX
MAP KEY 2-2-48:10.
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 Agricultural (A -3a):
Beginning at the southeast corner of this parcel of land, being also the northeast
corner of Lot 7 and on the westerly side of Awa Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI", being
15,282.50 feet South and 13,608.69 feet East, thence running by azimuths measured
clockwise from true South:
1. 710 00' 15352.80 feet along Grant 13,035 to Martin John
Branco (Lot 7);
2. 161 ° 00' 529.35 feet along Executive Order No. 2079 (Lot
10);
3. 2690 56' 44" 2.34 feet along Waiakea Uka Flood Control;
i
4. Thence along Waiakea Uka Flood Control on a curve to the left with a radius
of 1,100.00 feet, the chord azimuth and
distance being:
2600 28' 22" 362.07 feet;
5. 251 ° 00' 993.45 feet along Waiakea Uka Flood Control;
6. 3410 00' 469.00 feet along Awa Street to the point of
beginning and containing an area of 14.729
Acres.
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. Final Subdivision Approval of the proposed subdivision shall be secured from
the Planning Director within five (5) years from the effective date of this
ordinance.
C. Covenants in the deeds of all the subdivided lots shall require that all uses
established on the lots are in conformance with the statutory requirements of
Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25,
Hawaii County Code (Zoning Code). 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
-2-
Conveyances with a copy of the recorded covenant to be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
D. Access(es) to Awa Street shall meet with the approval of the Department of
Public Works.
E. A wastewater disposal system shall meet with the approval of the Department of
Health, Department of Water Supply and/or Department of Public Works.
F. 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.
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 shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
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:
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•
1. 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 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).
I. 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
o a
MOM,&
COUNCIL ME BER, CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction: June 3, 1996
Date of 1 st Reading: June 3 , 1996
Date of 2nd Reading: June 19, 1996
Effective Date: June 27, 1996
REFERENCE: Comm. _ 1
A P VEDAS TO FO AND LEGALITY
r
-t't CORPORATION COUNSEL
DATED: 61.2oI?G
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vM
A A -I*
A - Is
0 A - 10a
A - 10a
F.1:00_11
MAKALIKA
A -'ms*
10
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A -Is
A - 5* I
A - 54
A - 1_
1. — I',, /MAHIAI STREET
WAIAKfA LIKA of oop
A - 10a
7-7
AGRICULTURAL (A -10a) A - 10a
'///// TO /////
AGRICULTURAL (A -3a
AREA: 14.729 ACRES
A -Is
A-% 15,282.50 S
13,608.69 E
"HALM" &
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STREET
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AMENDMENT TO THE ZONING CODE
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 -10c) TO AGRICULTURAL (A -3a) AT WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
f_%n"kl"rN/ OF UAVA/All
TMK : 2-2-48: 10
APRIL 4, 1996
'k'H I B I T "A" (SONOMURA)
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
Takashi Domingo
June 3, 1996
June 3, 1996
N/A
June 19, 1996
June 20, 1996
June 27, 1996
June 27, 1996
July 8, 1996
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
COUNCIL CHAIRMAN
COUNTY CLERK
Approved/Dd this
2-7
day
Bill No.:
Reference:
Ord. No.:
266
C-1154/]PC-117
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Bonk -Abramson
X
Childs
x
De Lima
X
Domingo
X
Osorio
X
Rath
X
-Ray
X
Smith
X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
COUNCIL CHAIRMAN
COUNTY CLERK
Approved/Dd this
2-7
day
Bill No.:
Reference:
Ord. No.:
266
C-1154/]PC-117
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Bonk -Abramson
X
Childs
X
De Lima
X
Domingo
X
Osorio
X
Rath
X
Ray
X
Smith
X
7 1 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
COUNCIL CHAIRMAN
COUNTY CLERK
Approved/Dd this
2-7
day
Bill No.:
Reference:
Ord. No.:
266
C-1154/]PC-117