HomeMy WebLinkAboutORD 1988-065 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. s3o
Draft 2)
ORDINANCE NO.
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AN ORDINANCE AMENDING SECTION 25-95C (HAWI-KAPAAU ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KAAUHUHU, NORTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-02:PORTION OF 39.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95C, 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 Kaauhuhu, North Kohala, Hawaii, shall be
Single Family Residential (RS-15):
Beginning at the Northwesterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Governm ent Survey Triangulation Station "PUU 0 NALE"
being 11,7 99.30 feet North and 4,090.70 feet East and
running by azimuths m easured clockwise from True South:
1. 270° 00' 145.37 feet along Grant 8287 to
Mary Pang and along the
remainder of Lot 7-C to a
point;
2. 358° 42' 598.82 feet along the remainder
of Lot 7-C, along Lot 7-B,
the remainder of the
existing Road Lot and
Lot 7-A to a point;
3. 92° 54' 136.39 feet along Lot 76-B to a
point;
LA/TN
4. 177° 48' 592.20 feet along the remainder
of Grant 8527 to Mary Pang
to the point of beginning
and containing an area of
82,737 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 comply with all of the stated conditions of
approval; (B) subdivision plans shall be submitted to the
Planning Department within one year from the effective date of
the zone change; (C) a drainage system shall be installed in
accordance with the requirements of the Department of Public
Works; (D) access to the property shall meet with the approval
of the Department of Public Works; (E) all other applicable
laws, rules, regulations and requirements be complied with;
(F) 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
until all of the conditions of approval have been complied with
and the Planning Director acknowledges that further reports are
not required; and, (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:
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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; and 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.
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.
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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.
COUNCI
Hilo, Hawaii
Date of Introduction: May 4, 1988
Date of 1st Reading: D4ay 4, 1988
Date of 2nd Reading• vay 18, 1988
Effective Date: t•tay 31, 1988
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AMENDMENT TO THE ZONING CODE
AM>=N1~ING SECTION '~.5-aJ5 C (HAlNI - 1'CAl°AAU
ZONE MAI°) At'~T1CL1= 3, CHA1°TCR ZS (ZONING
CoDC--) vF THE HAWAtI COUNTY CoDC, >3Y
CHANGING THC- I71STR1CT CL.ASSIFICA"1'10N
FF20M AG1.21CULTUI"~'AL (A-20a~ To SINGLC-
FAMILY I~E5IDCNTIAI- (t~5-IS) AT KAAUHUHU,
NOr?TH t<OI-iALA, HAV\tA11_
PRC1°ARts-(~ BY = I°t-ANNIN6 pEl°AR'Tiv1CNT
COUNTY O~ t'iAWA.11
TMK = ~-s -off = poIQTION o~ ~~ ooT 13, t~87
EXHIBIT ~IA~1