HomeMy WebLinkAboutORD 1988-112 1988-1992COUNTY OF HAWAII , r, ~ STATE OF HAWAII
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Bill No. sso
(Draft 2)
ORDINANCE NO.
88 112
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDEPdTIAL
(RS-15) TO NEIGHBORHOOD COMMERCIAL (CN-10) AT HOKUKANO 1ST, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-10:57.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, 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 Hokukani 1st, North Kona, Hawaii, shall be
Neighborhood Commercial (CN-10):
Beginning at a pipe at the southwesterly corner of this
parcel of land, being also the northwesterly corner of
Lot 6 and a point on the easterly side of the Hawaii Belt
Road (Mamalahoa Highway), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU OHAU" being 4,929.52 feet North and
10,437.14 feet East and running by azimuths measured
clockwise from True South:
1. 148° 29' 30" 75.00 feet along the Easterly side
of the Hawaii Belt Road
(Mamalahoa Highway) to a pipe;
Thence, for the next three (3) courses following along
the remainder of Grant 864 to Henry I.H. Holdsworth:
2. 238° 29' 30"
200.00 feet along Lot 8 to a pipe;
LA/TN
3. 328° ~ 29' 30"
4. 58° 29' 30"
All as shown on
Exhibit "A" and by
SECTION 2. Section
75.00 feet to a pipe;
200.00 feet along Lot 6 to the point
of beginning and containing an
area of 15,000 Square Feet.
the map attached hereto, marked
reference made a part hereof.
1 of this ordinance shall take effect
forthwith upon the following conditions: (A) that applicant,
successors or assigns shall be responsible for complying with
all 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 shall commence within one
year from the date of receipt of Final Plan Approval and be
completed within one year thereafter; (D) all other applicable
laws, rules, regulations and requirements be complied with;
(E) 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 (F) an initial extension of time for the
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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; 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 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:
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CO CIL MEMBE , COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction: July 6, 1988
Date of 1st Reading: July 6, 1988
Date of 2nd Reading: July 20, 1988
Effective Date: July 29, 1988
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-87 (NORTH KoNA ZONE MAp}
ARTICf_.E 3, GHAI°TC1~ ~S (ZONING CODE) Oi= THE
HAWAII COUNTY CODE, C3Y CHANGING T'HE DISTRICT
CI..AS5IFICATION FROM S~NGL>= FAMILY RC-SIREN-
TIAL (RS-IS~ TO NEIGHHOt?HOOD CONING-ItC1AL
(cN-lo) AT HOKu-CANO IST; NO-~TH KONA, HAWAtt.
PRE pAi~EO BY ~ PLANNING pEpAT~Tiv1ENT
GouNTY ~>= HAWA71
TMK = 7-9-10 = 57 AI°RfL )8, 1988
EXHIBIT ~~A~~