HomeMy WebLinkAboutORD 1990-010 1988-1992+u-,
COUNTY OF HAWAII ~~y: ~~STATE OF HAWAII
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Bill No.
ORDINANCE NO. 90 01 ~
AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITIONS B, E, F AND G OF
ORDINANCE N0. 86 49, WHICH RECLASSIFIED CERTAIN LANDS FROM
MULTIPLE FAMILY RESIDENTIAL (RM-2) TO VILLAGE
COMMERCIAL (CV-7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-5-23:64 & 67
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 86 49 is amended as follows:
"SECTION 2. This change in district classification is
conditioned upon the following: (A) the petitioners,
successors or their assigns shall be responsible for complying
with all of the stated conditions of approval; (B) [plans for
the proposed development shall be submitted for Plan Approval
within one year from the effective date of the zone change]
Revised Final Plan Approval shall be secured from the Plannin
Department within one year from the effective date of this
amendment. To assure adequate time for plan approval review
and in accordance with Chapter 25-244 (Zoning Code), plans
shall be submitted a minimum of forty-five days prior to the
date by which plan approval must be secured; (C) construction
of the proposed improvements shall commence within one year
from the date of receipt of final plan approval and be
completed within two years thereafter; (D) a drainage system
shall be installed in accordance with the requirements of the
Department of Public works; (E) curbs, gutters and sidewalks
shall be provided along the length of Hualalai Road fronting
195
the subject property meeting with the requirements and
standards of the Department of Public Works. [These
improvements shall be constructed prior to the granting of
final subdivision approval or a bond and agreement for these
improvements, which shall be determined by the Department of
Public Works with the concurrence and approval of the Planning
Director and Corporation Counsel, shall be submitted to the
Planning Department and approved prior to receipt of Final
Subdivision approval;] These improvements shall be constructed
prior to the issuance of anv occupancy permit or prior to the
granting of final subdivision approval whichever comes first
A bond and agreement for the construction of these improvements
may be entered into prior to final subdivision approval•
Provided however, the improvements shall be installed prior to
the issuance of anv occupancy permit on the subject
properties. (F) a five-foot wide road widening strip along
Hualalai Road shall be delineated on the plans submitted for
subdivision and/or for plan approval review No structural
improvements shall be allowed within this road widening strip_,_
provided however any required landscaping may be permitted
within this stri Further a livable setbacks shall be taken
from the 5-foot future road widening strip line; (F] ~ all
other applicable rules, regulations and requirements shall be
complied with_[; and (G) the Planning Director may
administratively grant extensions to the foregoing time
conditions. Further, should any of the foregoing conditions
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not be met or substantially complied with in a timely fashion,
the Planning Director may initiate rezoning of the area to its
original or more appropriate designation.]; (H) 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 accordan e with the
requirements of the Unified Impact Fees Ordinance• (I) an
annual progress report shall be submitted to the Planning
Director prior to the anniver ary date of the effec ive da e of
the zone change The report shall address th status of the
development and the compliance with the conditions of
approval. This condition shall remain in eff c ntil all of
the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required: (J) an initial extension of time for the performance
of conditions within the ordinance may be granted by the
Planning Director upon the following circumstanc 1) the
non-performance is the result of conditions hat could not have
been foreseen or are beyond the control of the appli ants
successors. or assigns and that are not the result of their
fault or negligence• 2) granting of the time ex ension would
not be contrary to the General Plan or Zoning Code• 3) granting
of the time extension would not be contrary o 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
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period originally granted for performance (i e a condition to
be performed within one year may be extended for up to one
additional vear)• 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 2. Material to be deleted is bracketed. New
material is underscored.
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUNC L MEMBER, OUNTY F HAWAII
Hilo, Hawaii
Date of Introduction: January 16, 1990
Date of 1st Reading: January 16, 1990
Date of 2nd Reading: February 7, 1990
Effective Date: February 13, 1990
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