HomeMy WebLinkAboutORD 1987-075 1984-1988COUNTY OF HAWAII ~'~;,:MSTATE OF HAWAII
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Bill No.
ORDINANCE NO.
S'7 7S
AN ORDINANCE AMENDING SECTION 25-95D (HALAULA-NIULII ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT MAKAPALA,
NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-2-09:30.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95D, 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 Makapala, North Kohala, Hawaii, shall be
Village Commercial (CV-10):
373
Beginning at a pipe in concrete at the northwest corner of
this parcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "NIULII" being 1941.70 feet north and 1570.00 feet
west and running by azimuths measured clockwise from True
South:
1. 287° 50' 206.00 feet along a portion of
R.P. 3371, L.C. Aw. 9781
to Keliileolea to a pipe
in concrete;
2. 10° 06' 85.02 feet along same to a pipe
in concrete;
3. 72° 52' 244.97 feet along Government main
road to a pipe in concrete;
4. 193° 35' 225.26 feet along a twelve feet
wide roadway to the point
of beginning and
containing an area of
32,397 Square Feet or
0.744 Acre.
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 applicants, successors
or assigns shall be responsible for complying with all stated
conditions of approval; (B) plans for the establishment of the
commercial development, including landscaping and parking shall
be submitted to the Planning Department for Plan Approval
review within one year from the effective date of the change of
zone; (C) construction shall commence within one year from the
date of receipt of Final Plan Approval and be completed within
two years thereafter; (D) only one access to the property from
the Government Main Road shall be allowed meeting with the
approval of the Department of Transportation, Highways
Division; (E) a drainage system shall be installed in
accordance with the requirements of the Department of Public
Works; and (F) all other applicable rules, regulations, and
requirements shall be complied with.
An extension of time for the performance of conditions
within the ordinance may be granted by the Planning Director
upon the following circumstances: a) the non-performance is
the result of conditions that could not have been foreseen or
are beyond the control of the owners, and that are not the
- 2-
result of their fault or negligence; b) granting of the time
extension would not be contrary to the general plan or zoning
code; c) granting of the time extension would not be contrary
to the original reasons for the granting of the change of zone;
and d) 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 with in one year may be extended for
up to one additional year). Further, should any of the
conditions not be met or substantially complied within 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 the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION 4.
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
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COUNCIL MEMBER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: June 15, 1987
Date of 1st Reading: June 15, 1987
Date of 2nd Reading: July 1, 1987
Effective Date: July 13, 1987
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~S-Q~S ~ (HALAULA - N1UL11 ZONE
MAP) ARTICLE ~, CHAPTER ~S (ZONING CoD>=~ of
THE t-IAYVAtI CouNTY CoD~, SY CHANGING THE
D1S-f"1?ICT CL,gS51FlCATION FIQOM SINGLE FAMILY
!~>=SIDENTIAL. (RS-IF'~~ TO vILLAG~ COMN1Et"2c1A~-
(CV-t0) AT MAKAI°ALA, NOi2T'}-{ hCOHALA, HAYVAII.
PREPAREb BY = PLANNING bEl°AI'`tTMENT
GoUNTY OF 11AWAll
TMK = 5-~-og 30 MARCI-f ~O, 1987
EXHIBIT ~~A~~