HomeMy WebLinkAboutORD 1990-002 1988-1992COUNTY OF HAWAII ~~~t;;.STATE OF HAWAII
Bill No. 173
(Draft 2)
ORDINANCE NO. 90 002
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a) TO RESIDENTIAL AGRICULTURAL (RA-la)
AT KAPAAU, NORTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 5-4-04:5.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95A, 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 Kapaau, North Kohala, Hawaii, shall be
Residential Agricultural (RA-la):
Beginning at the Northeast corner of this Lot at a pipe in
concrete marked 451, of Land Court Application 1116, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAUHOLA" being
6837.87 feet South and 9221.89 feet West, thence running
by azimuths measured clockwise from true South:
1. 11° 52' 121.99 feet along Lot 1 of Ld. Ct.
App. 1116 to a pipe which is
16.81 feet from a pipe in
concrete marked 450;
2. 91° 23' 229.85 feet along M. Shikasho's land
to a pipe;
3. 173° 51' 31.10 feet along same;
4. 94° OS' 74.97 feet along same;
5. 183° 18' 19.60 feet along Road Right of Way;
LA/TN
6. 92° 30'
7. 184° 27'
8. 193° 20'
9. 210° 15'
10. 253° 20'
11. 8° 45'
12. 280° 38'
174.50 feet along same;
109.50 feet along the east side of
Road Right of Way leading into
Kapaau Village;
47.00 feet along same;
270.15 feet along same;
51.21 feet along south side of Road
Right of Way leading into
Kapaau Village;
291.00 feet along Lot 1 of Ld. Ct.
App. 1116;
352.00 feet along same to the point
of beginning and containing an
Area of 2.156 Acres.
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) Final subdivision approval
shall be secured within one year from the effective date of the
change of zone; (C) Should an Improvement District or similar
arrangements be initiated for the County maintained road
fronting the subject property, the landowner(s) shall
automatically participate in such an arrangement; (D) Access
shall meet with the approval of the Department of Public Works;
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(E) As agreed to by the applicant, no ohana dwellings shall be
allowed on the proposed lots until the roadway fronting the
subject property is improved and such improvements are made in
accordance with requirements of the Department of Public Works;
(F) Comply with all other applicable laws, rules, regulations,
and requirements; (G) 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; (H) 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, (I) 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
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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 shall 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:
CO NCIL MEMBE , COUNTY F HAWAII
Hilo, Hawaii
Date of Introduction: December 5, 1989
Date of 1st Reading: December 5, 1989
Date of 2nd Reading: January 3, 1990
Effective Date: January 10, 1990
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AGRICULTUPQAL (A-20Q~
TO RESIDC-NTIAL-
AGRICULTUIQAL(RA-la~
AREA = x_156 ACRES
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~S-0.~5 A (NOfeTH AND SOUTH
KOHALA bISTR-CTS ZONE 1v1Af~) ARTICLE 3, CHA1°-
TE12 ~S (ZONING CODE) OF THE HAWAIf COUNTY
CODE, BY CHANGING THE bISTRICT CLASS)FICA-
TION 1=1YOM AGRlCULTUIQAL (A-20c~ TO IQESIDEN-
TI AI_-AGRICULTutQAL (IZA-la) AT KAPAAU, NORTH
KOHAt-A, HAWAff-
I°REPAfQE~ By _ PLANNING DEPARTMENT
COUNTY OF HAWAII
1'MK _ 5-4-04 = 5 SEI°T_ 28, 198°.
EXHIBIT IIA11