HomeMy WebLinkAboutORD 1988-032 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BI~~ N0. 483
ORDINANCE NO.
8S ~2
AN ORDINANCE AMENDING SECTION 25-99 (PAAUILO-KUKAIAU ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-40a) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AT KAINEHE,
HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-2-03:3 (PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-99, 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 Kainehe, Hamakua, Hawaii, shall be Single
Family Residential (RS-7.5):
Beginning at the southwest corner of this parcel of land,
the southeast corner of Lot 4 and on the northeast side of
Government Road, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "KAHOLALELE" being 4127.33 feet North and 2989.12
feet East and running by azimuths measured clockwise from
True South:
1. 191° 53' 158.88 feet along the remainder of
Grant 1563 to Francis Davis;
2. 288° 29' 17.10 feet along the remainder of
Grant 1563 to Francis Davis;
3. 11° 53' 160.01 feet along the remainder of
Grant 1563 to Francis Davis;
4. 112° 12' 17.27 feet along Government Road to
the point of beginning and
containing an area of
2,708 Square Feet.
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, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) consolidation/resubdivision
plans shall be submitted within one year from the effective
date of the change of zone; (C) all other applicable rules,
regulations and requirements be complied with; and, (D) an
initial extension of time for the performance of conditions
within the ordinance may be granted by the Planning Director
upon the following circumstances: 1) the non-performance is
the result of conditions that could not have been foreseen or
are beyond the control of the applicants, 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 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 ghall 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
-2-
appropriate action. Further, should any of the conditions not
be met or substantially complied with in 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 this
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:
~r~
COUNCIL MEMBER, COU Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
F'ebruan~ 17, 1988
February 17, 1988
March 2, 1988
March 7, 1988
-3-
TRUE ORTT'1
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AMENDMENT TO THE ZONING
~oA
CODE
AMENDING SECTION ~.S-gg (PAAUtt_O- KUKAIAU
ZONE MAP) A1"2TICLC S, CFfAPT>=l4 ~5 (ZONING
COpE) OF THE HAWA11 COUNTY COpE, BY
CHANGING THE pISTRICT Cl_A5511=1CAT10N
FROM AGRICULTURAL (A-4Ga) TO S1NGl..E
FAMtt_Y fZC51DENTIAI_. (RS-75) AT 1'CAINI=HE,
HAMAKUA, HAWAII.
p(2CpATY>=b f~Y = PLANNING bEpARTN1CNT
Coti1NTY OF riAwAll
TMK 4-2-oJ _ 3 (PORTION) NOY- 2, 1.87
EXHIBIT ~~At~
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