HomeMy WebLinkAboutORD 1987-117 1984-1988COUNTY OF HAWAII ~ .STATE OF HAWAII
Bill No. 411
(Draft 2)
ORDINANCE NO.
87 11"~
AN ORDINANCE AMENDING SECTION 25-107 (PAHOA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT
WAIAKAHIULA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-03:37
(PORTION).
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 change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Waiakahiula, Puna, Hawaii, shall be
Neighborhood Commercial (CN-20):
Beginning at the southwest corner of this parcel of land
and on the easterly side of Pahoa-Kalapana Road, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PAHOA" being
4,294.38 feet South and 5,360.27 feet East and running by
azimuths measured clockwise from True South:
1. 177° 50' 417.01 feet along the easterly
side of
Pahoa-Kalapana Road;
2. Thence along the southeasterly side of
Keaau-Pahoa Road (F.A.S.P.
No. RS-0130 (18)), along a
curve to the right having
a radius of 50.00 feet,
the chord azimuth and
distance being:
232° 10' 81.24 feet;
LA/TN
3. 286° 30' 11.27 feet along the south side
of Keaau-Pahoa Road
(F.A.S.P. No. RS-0130
(18));
4. Thence along the southwesterly side of
Keaau-Pahoa Road (F.A.S.P.
No. RS-0130 (18)), along a
curve to the right having
a radius of 40.00 feet,
the chord azimuth and
distance being:
328° 00' 53.01 feet;
5. 9° 30' 427.05 feet along the west side
of Keaau-Pahoa Road
(F.A.S.P. No. RS-0130
(18));
6. 99° 30' 17.04 feet along a joq in
Keaau-Pahoa Road (F.A.S.P.
No. RS-0130 (18)) to the
point of beginning and
containing an area of
0.675 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 applicant, successor
or its assigns shall be responsible for complying with ail of
the stated conditions of approval; (B) plans for the proposed
development 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 of the proposed
development shall commence within one year from the date of
-2-
receipt of Final Plan Approval and be completed within two
years thereafter; (D) access to the proposed development shall
be from the existing Kalapana Road meeting with the approval of
the Department of Public Works. No access shall be permitted
from the proposed by-pass road; (E) a drainage system shall be
installed meeting with the requirements of the Department of
Public Works; (F) all other applicable rules, regulations and
requirements shall be complied with; (G) an initial 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 applicant, successors or assigns, and that are
not the 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; 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 within one year may be
extended for up to one additional year); and e) if an
additional extension of time is required, the Planning Director
shall submit the request to the County Council for appropriate
action.
-3-
SECTION 3. Should the council adopt A Uniform Impact Fees
Ordinance setting forth criteria for the imposition 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.
SECTION 4. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.,
SECTION 5. This 'ordinance shall take effect upon its
approval.
INTRODUCED BY:
~-
COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: October 21, 1987
Date of 1st Reading: October 21, 1987
Date of 2nd Readiny: November 18, 1987
Effective Date: November 30, 1987
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25- 107 (pAHOA ZONE MAP)
ARTICLE 3, CHAPTER ~5 (ZONING CODE) OF
THE HAWAII COUNTY CODE, BY CHANGING THE
L71STI?ICT. CLASSIFICATION FROM S1NGt_E
FAMILY 1eEStOHNTIAL ~RS-10) -r0 N1=1GH80Rt-100~
COMMERCIAL (CN-2o) AT WAIAKAHIULA, PUMA
f-IAYVAI I -
PREpAREO BY ~ pLANNIN6 DEPARTMENT
~.OUNTY OF HAWAII
TMK • I -5-03 ° 37 PoIQT1otY) Avc2 . 4, 1967
EXHIBIT '~A~~