HomeMy WebLinkAboutBIL 672 Draft 01 1988-1992 COUNTY OF HAWA11"'. STATE OF HAWAII
BILL NO. 672
ORDINANCE NO. -
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-3a)
TO SINGLE FAMILY RESIDENTIAL (RS-15) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-4-03 :PORTION OF 28 .
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 properties described hereinafter as
follows :
The district classification of the following area
situated at Waiakea, South Hilo, Hawaii , shall be Single
Family Residential (RS-15) :
Beginning at the southeast corner of this parcel of land,
the northeast corner of Lot 78 of Kawailani Place Unit II,
File Plan 1412, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI"
being 10, 526 . 06 feet South and 682 . 69 feet West and running
by azimuths measured clockwise from True South:
1 . 850 40 ' 643 . 00 feet along Lot 78, the north
end of Oihana Street, Lots
72, 71, 70, 69 and 68 of
Kawailani Place Unit II ,
File Plan 1412;
fu
k;
2 . 1750 40 ' 80 . 68 feet along Lot 521-A;
Thence along the remainder
of a portion of Grant 8854
to George W. Willfong for
the next ten (10) courses,
the azimuths and distances
between points being:
3 . 2220 15 ' 159 .30 feet;
4 . 2100 15 ' 100 . 00 feet;
5 . 1940 30 ' 240 . 00 feet;
6 . 1766 50 ' 90 . 00 feet;
7 . 1660 15 ' 135 . 00 feet;
8 . 1796 00 ' 355 . 00 feet;
9 . 2050 50 ' 210 . 00 feet;
10 . 2356 40 ' 155 . 00 feet;
11 . 2296 05 ' 115 . 00 feet;
12 . 2160 40 ' 92 .31 feet;
13 . 3556 40 ' 1,474 .48 feet along Grant 11633 to
Tamotsu Shiroma to the point
of beginning and containing
an area of 13 . 199 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, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) the applicant shall submit
the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment Policy"
within ninety (90) days from the effective date of the change
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of zone ordinance; (C) subdivision plans shall be submitted
within one year from the effective date of the change of zone.
Final Subdivision Approval shall be secured within two years
from the date of tentative subdivision approval; (D) access
shall meet with the approval of the Department of Public Works;
(E) drainage improvements shall meet with the approval of the
Department of Public Works; (F) the method of sewage disposal
shall meet with the approval of the Department of Health;
(G) to ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant
shall work with the Office of Housing and Community Development
and the Planning Department to formulate a housing plan for the
development, which shall be consistent with the interim
affordable housing policy of the County as contained in the
Hawaii County Housing Agency Resolution No. 65 or subsequent
policies . This housing plan shall be approved by the County
Housing Agency prior to final subdivision approval provided
that the applicant shall notify the County Housing Agency of
any intent to sell, lease, assign, place in trust, or otherwise
voluntarily alter the ownership interest in the property prior
to visible commencement of construction on the property;
provided further that the applicant may transfer ownership in
the propetty to an affiliate or in a manner consistent with
prior representations to the County Housing Agency; (H) as
agreed to by the applicant, restrictive covenants in the deeds
of all residential zoned lots shall prohibit the construction
of a second dwelling unit on each lot. A copy of the proposed
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covenant(s) shall be submitted to the Planning Department for
review and approval prior to final subdivision approval .
Written assurance for implementation of this condition, which
has met with the approval of the Planning Department, shall be
submitted to the Planning Department prior to final subdivision
approval . A copy of a typically recorded covenant shall be
filed with the Planning Department within one year from the
date of final subdivision approval; (I) should any
infrastructure improvements related to the Kawailani-Komohana
intersection be required of future developers, the applicant,
successors, or assigns of thisproject shall pay for their pro
rata share of improvements . The pro rata share determination
and its implementation shall be approved by the Planning
Department in consultation with the Department of Public Works
or other agency having jurisdiction over any future
infrastructure improvements; (J) all other applicable laws,
rules, regulations and requirements shall be complied with;
(K) 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 the performance in
accordance with the requirements of the Unified Impact Fees
Ordinance',- (L) an annual progress report shall be submitted to
the Planning Director prior to the anniversary date of the
effective date of the change of zone. The report shall address
the status of the development and the compliance with the
conditions of approval . This condition shall remain in effect
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until all of the conditions of approval have been complied and
the Planning Director acknowledges that further reports are not
required; and, (M) an 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 applicant,
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 the 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 (ie. a condition to
be performed within one year may be extended for up to one
addition 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.
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SECTION 4 . This ordinance shall take effect upon its
approval .
INTRODUCED BY:
COUNCIL ME BER, C6UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 5, 1992
Date of lst Reading : November 5, 1992
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY:
'CORP TION COUNSEL
DATE:
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