HomeMy WebLinkAboutORD 1987-109 1984-1988;.;
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COUNTY OF HAWAILA„STATE OF HAWAII
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Bill No. 410
(Draft 2)
ORDINANCE NO. 8~ ~~
AN ORDINANCE AMENDING SECTION 25-107, (PAHOA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITION TO ORDINANCE
NO. 86-107 WHICH RECLASSIFIED CERTAIN LAND FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT
WAIAKAHIULA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-13:26, 27
AND PORTION OF 44.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-107, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to modify
Condition E of Ordinance No. 86-107 as follows:
"SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) plans for the consolidation
of the affected lots shall be submitted within six months from
the effective date of the change of zone; (C) plans for the
proposed development shall be submitted to the Planning
Department for plan approval review within one year from the
date of receipt of the consolidation action; (D) construction
shall commence within one year from the date of receipt of
Final Plan Approval and be completed within two years
thereafter; (E) a [15] 10-foot wide road widening strip along
the length of Pahoa Road shall be delineated on the plans
submitted for plan approval review
No structural improvements
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shall be allowed within this road widening strip. Further, the
applicable building setbacks shall be taken from the future
road widening strip. Any required parking, landscaping or
curbs, gutters and sidewalks[, however,] may be allowed within
this road widening strip; provided that when improvements are
made to widen the Pahoa Road, the applicant, successors or
assigns shall be required to remove any improvements within
this 10-foot wide strip which are not related to the road
widening project and shall provide the parkin as then required
by the Zoning Code (Hawaii County Code, Cha ter 25, as
amended); (F) at the time the property is developed, curbs,
gutters and sidewalks shall be provided within the property
along the frontage of both the private road and the Pahoa Road
meeting with the approval of the Department of Public Works;
(G) access to the property shall meet with the approval of the
Department of Public Works; (H) a drainage system shall be
installed meeting with the approval of the Department of Public
Works; [.and] (I) all other applicable rules, regulations and
requirements, including those of the Fire Department and the
State Department of Health, shall be complied with; and (J) an
initial extension of time for the performance of conditions
within the ordinance may be granted by the Plannin 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 applicant, successors or assi ns,
and that are not the result of their fault or negli ence•
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b) granting of the time extension would not be contrary to the
general plan or zoning code; c) grantin of the time extension
would not be contrary to the original reasons for the ranting
of the change of zone; d) the time extension granted shall be
for a period not to exceed the period on finally ranted for
performance (i.e., a condition to be performed within one year
may be extended for up to one additional vear)• and e) if an
additional extension of time is required, the Plannin Director
shall submit the 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 Planning
Director may initiate rezonin of the area to its original or
more appropriate designation."
[The Planning Director may administratively grant
extension to the foregoing time conditions. Further, should
any of the conditions not be met or substantially complied with
in a timely fashion, the Planning Director may initiate
rezoning of the area to its original or more appropriate
designation."]
SECTION 2. Should the council adopt A Uniform Impact Fees
Ordinance setting forth criteria for the im osition of
exactions or the assessment of impact fees, conditions included
herein may be satisfied by performance in accordance with the
requirements of the Uniform Impact Fees Ordinance.
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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 [2]4. Material to be deleted is bracketed. New
material is underscored.
SECTION [4]5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUNCIL MEMBER, COU 'Y OF HAWAII
Hilo, Hawaii
Date of Introduction: October 7, 1987
Date of 1st Reading: October 7, 1987
Date of 2nd Reading: October 21, 1987
Effective Date: October 28, 1987
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