KCDP Final - 2008 (As amended 2019)

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COUNTY OF HAWAII -wee.- STATE OF HAWAII BILL NO. 87 (DRAFT 3) ORDINANCE NO. 19 91 AN ORDINANCE AMENDING THE KONA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED BY ORDINANCE NO. 08-131. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to adopt the "Amendment Package" attached as Exhibit A to amend the Kona Community Development Plan, as adopted by Ordinance No. 08-131. These amendments address language that has hindered development in specific locations, and language that commits the County to actions or performances beyond the authority or scope of the Plan. These amendments arise from the Missler Case (No. CAAP-13- 0002347) and its findings about the Plan's mandatory language. SECTION 2. Adoption. Pursuant to Chapter 16 of the Hawaii County Code, and pursuant to Section 15.1 of the General Plan, and pursuant to Section 2 of Ordinance 80-131, Ordinance _ amends the Kona Community Development Plan, as indicated in Ramseyer format in Exhibit A attached to this ordinance hereafter referred to as the "Amendment Package". Amendments contained in the Amendment Package correspond to Chapter 4 and the Implementation Matrix (tables) of Chapter 5.3 of the Kona Community Development Plan and are indicated by Ramseyer format whereby material to be repealed is bracketed and stricken through, and material to be added is underscored. SECTION 3. In printing the Kona Community Development Plan, as amended, the brackets, bracketed material, and underscoring need not be included; the table of contents, header/footer, and page numbers shall be updated to correspond with the adopted amendment; the month and year of adoption of this ordinance shall supplant the existing provisions for such, in all instances' the title page shall indicate the original adopting ordinance, the ordinance enacting previously adopted amendments and the ordinance enacting these amendments; and the document shall be printed using a standard font (e.g.. Times New Roman). SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.