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r <br />COUNTY OF HAWA7 ' � STATE OF HAWAII <br />BILL NO. 236 <br />.. <br />(Draft 2) <br />ORDINANCE NO: 98 66 <br />AN ORDINANCE AMENDING ORDINANCE NO. 91-22, WHICH RECLASSIFIED <br />LANDS FROM AN UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS -10 AND <br />RS -15); MULTIPLE FAMILY RESIDENTIAL (RM -4) AND NEIGHBORHOOD <br />COMMERCIAL (CN -10) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY <br />TAX MAP KEY 7-3-10:27. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Ordinance No. 91-22, is amended as follows: <br />"SECTION 2. These changes in district classification are conditioned upon the <br />following: <br />(A) the applicant, successors or assigns shall be responsible for complying with all <br />of the stated conditions of approval; <br />(B) the applicant shall consummate a water agreement to provide water for the <br />remaining units with the Department of Water Supply within ninety days from <br />the date of approval of the change of zone. The zoning of the property shall not <br />be in effect until the agreement is consummated; <br />(C) the Single Family Residential zoned areas shall be subdivided in two increments. <br />The first increment shall consist of a maximum of [55 contiguous acres and the <br />second increment the remaining area. Subdivision plans shall be submitted for <br />the second increment after development has occurred in the first increment as <br />determined by the Planning Director. "Development" means that building <br />permits have been issued for single family dwelling units and construction has <br />been partially completed to the extent that roofs have been constructed on a <br />minimum of twenty-five percent of the number of lots proposed for the first <br />increment. In lieu of actual construction, the applicant may enter into an <br />agreement with the Planning Department to assure the County that the dwellings <br />