HomeMy WebLinkAboutBIL 362 Draft 01 1994-1996
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COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 362
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 92-103 WHICH CHANGED THE
DISTRICT CLASSIFICATION FROM SINGLE F AMIL Y RESIDENTIAL (RS-15) TO
VILLAGE COMMERCIAL (CV -to) AT KAP AAD, NORTH KOHALA, HA WAIl, COVERED
BY TAX MAP KEY 5-4-05:88 (FORMERLY PORTION OF 58).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW All:
SECTION 1. Ordinance No. 93-1 is amended as follows:
"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 ofthe stated
conditions of approval; (B) final Plan Approval of the proposed development shall be secured
from the Planning Department within one year from the effective date of the change of zone. To
assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning
Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan
approval must be secured. Plans to be submitted shall indicate existing and proposed structures,
parking, driveway circulation, landscaping, and all off-site improvements. Structures shall be
sited and landscaping provided for the purpose of mitigating noise and visual impacts to adjacent
properties; (C) construction shall [commence within one year from the date of receipt of Final
Plan approval and shall be completed within two years thereafter] be completed within five years
from the effective date of this amendment; (D) access to the development shall meet with the
approval of the Department of Public Works and the State Department of Transportation. The
Hawi-Niulii Road frontage ofthe property shall be improved with curb, gutter and sidewalk
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improvements, exclusive of driveway access, in accordance with the requirements of the State
Department of Transportation prior to the issuance of a certificate of occupancy. Preliminary
plans for these improvements shall be submitted simultaneously with development plans for Plan
Approval review; (E) drainage improvements shall meet with the approval of the Department of
Public Works. No work shall be permitted within and no additional runoff shall be directed to
the stream located along the western boundary of the property, unless otherwise approved by
Department of Public Works; (F) the method of sewage disposal shall meet with the approval of
the Department of Health; (G) should any unidentified sites or remains such as artifacts, shell,
bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be
encountered, work in the immediate area shall cease and the Planning Department shall be
immediately notified. Subsequent work shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative measures have been taken; (H) all
other applicable laws, rules, regulations and requirements shall be complied with; (I) 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; (J) 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 until all of the conditions of approval have been complied and the
Planning Director acknowledges that further reports are not required; and, (K) an extension of
time for the performance of conditions within the ordinance may be granted by the Planning
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Director upon the following circumstances: I) 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 (i.e., a condition to be performed within one year may be extended for up to one
additional 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 the ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HA WAIl
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORA nON COUNSEL
DATED:
RtffRENCf: Cornm.
1439
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AMENDMENT TO THE ZONING CODE
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AMENCINCS seCTION "25-!)S e (HAl^ll-~APAAU 'ZONE MAP)
ART1CL.E 3, eHAF'TER "25 l'20NINCS cooe) OF THe
HA\NAII COUNT.." eooe BY CHANCSINCS THe DISTRICT
CL.ASSIFICATION F~OM SINSLE FAM1L'"")' ReSIDENTIAL
(R>>9-15' TO VIL..L.Ac:re eOMMERCJAL (ev-IO) AT t<'AF'AAU,
NORTH t<OHALA, HAV'lAU.
PfltEPARec BOY : PL.ANNINCS CEPARTMeNT
COUNT")" OF HAl^IAII
TM""" ~ 9'-~-O!!5 : pe~T'ON OF 58
JUNE ~ I r!:)!!)'2
EX Hies IT "A"
("T"O""',...,y ~~eR / C"i"'N"THIA eM ITI-t)
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OFFICE INFORMATION ONLY
Date: December 11, 1996
Action: Alice from Planning Department has assured our
office that the attached map was submitted for
information purposes only, and that this bill
(Bill 362) is only a time extension and that a
map is not needed. This response was in regard
to a question as to the tax map key on the map
not matching the title of the bill.
Re: Bill 362/C-1439 (1994-1996) and C-19 (1996-1998)
which transmitted a Draft 2 to Bill 362