HomeMy WebLinkAboutORD 1988-051 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BI~~ N0. 499
(Draft 2)
ORDINANCE NO. 88 51
AN ORDINANCE AMENDING SECTION 25-95H (WAIKOLOA VILLAGE ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY
RESIDENTIAL (RM-3) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AT
WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-8-03:6.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95H, 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 Waikoloa, South Kohala, Hawaii, shall be
Multiple Family Residential (RM-2.5):
Beginning at the East corner of this parcel of land and on
the westerly boundary of Lot 6 of Waikoloa Development,
File Plan 1172, being also the Southeast corner of Lot 328
of Waikoloa Village, Unit 1-B, File Plan 1189, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being
10,221.09 feet North and 2,694.37 feet West and running by
azimuths measured clockwise from True South:
1. 18° 03' 09" 690.13 feet along Lots 6 and 9 of
Waikoloa Development, File
Plan 1172;
Thence along the Northeast
side of Paniolo Avenue on
a curve to the left with a
radius of 540.00 feet, the
chord azimuth and distance
being:
2. 155° 11' S4" 361.30 feet;
LA/TN
3. 135° 39' 14" 111.54 feet along the Northeast
side of Paniolo Avenue;
Thence along the Northeast
side of Paniolo Avenue on
a curve to the right with
a radius of 460.00 feet,
the chord azimuth and
distance being:
4. 161° 38' 47" 403.19 feet;
5. 187° 38' 20" 49.91 feet along the East side
of Paniolo Avenue;
6. 288° 03' 09" 592.90 feet along Lot 328 of
Waikoloa Village, Unit
1-B, File Plan 1189 to the
point of beginning and
containing an area of
5.336 acres, more or less.
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 comply with all the conditions of the stated
conditions of approval; (B) the revised development plans
should be submitted for Plan Approval review within six months
from the effective date of the zone change; (C) all other
applicable laws, rules, regulations and requirements be
complied with; (D) an annual progress report shall be submitted
to the Planning Director prior to the anniversary date of the
effective date of the zone change. The report shall address
the status of the development and the compliance with the
conditions of approval. This condition shall remain in effect
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until all of the conditions have been complied with and the
Planning Director acknowledges that further reports are not
required; and (E) an initial extension of time for the
performance cf 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 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 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 may initiate rezoning of the area to its original or
more appropriate designation.
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SECTION 3. 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
performance in accordance with the requirements of the Unified
Impact Fees Ordinance.
SECTION 4. In the event that any portion of this
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, C UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 6, 1988
Date of 1st Reading: April 6, 1988
Date of 2nd Reading: April 20, 1988
Effective Date: May 2, 1988
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AMENDMENT TO THE ZONING CODE
,gMENI~ING SCCTtON ZS-~5 H ~WA1KOl_OA VILL..AGE
ZONC iv1A1°) ARTICLE 3, CHAI°TER ~S ZONING
CObE) OIc THC 1-fAWAII COUNTY COt~C, BY
CHANGING THE bISTRICT CLA551FICATION
Fr20M MUt_T11°LC FAMILY IBC-SII~C-NTIAL (RM-3)
To MuLT11~LE FAMILY f4E5117>=NTIAL (CAM-2.5)
AT WA)KOLOA, SOUTH KOFiAt-A, HAiNAfI.
PREPARED pY = P~--ANNING oEPAf~TM>=NT
COUNTY OF HAWAII
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~aN _ ~ ,~88
EXHIBIT ~~AI~