HomeMy WebLinkAboutORD 1990-011 1988-1992COUNTY OF HAWAII ,a .STATE OF HAWAII
Bill No.
ORDINANCE NO. go 011___
196
AN ORDINANCE AMENDING SECTION 25-111 (NAALEHU ZONE MAP)
ARTICLE 3, CHAPTER 25, (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT KOWALA,
KA'U, HAWAII, COVERED BY TAX MAP KEY 9-5-08:Portion of 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-111, 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 Kowala, Ka'u, Hawaii, shall be Village
Commercial (CV-10):
Beginning at the Southwest corner of this parcel of land,
being approximately 150 feet North of the intersection of
the centerline of Kaalaiki Road and Mamalahoa Highway and
being also on the East side of Kaalaiki Road, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "STEIN 2" being
148.22 feet North and 3,387.48 feet West and thence
running by azimuths measured clockwise from true South:
1. 173° 24' 265.00 feet along the East side
of Kaalaiki Road;
2. 263° 24' 95'.00 feet along the remainder
of Grant 1377 to D.F.
Sanford;
3. 353° 24' 137.56 feet along the remainder
of Grant 1377 to D.F.
Sanford;
4. 257° 30' 122.40 feet along the remainder
of Grant 1377 to D.F.
Sanford;
5. 347° 30' 117.00 feet along the remainder
of Grant 1377 to D.F.
Sanford;
6. 77° 30' 230.00 feet along the remainder
of Grant 1377 to D.F.
Sanford to the point of
beginning and containing
an area of 39,737 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 be responsible for complying with all of the
stated conditions of approval; (B) Final Plan Approval shall be
secured from the .Planning Department within one year from the
effective date of the zone change. To assure adequate time for
plan approval review and in accordance with Chapter 25-244
(Zoning Code), Hawaii County Code, as amended, plans shall be
submitted a minimum of forty-five days prior to the date by
which plan approval must be secured; (C) Construction shall
commence within one year from the date of receipt of Final Plan
Approval and be completed within two years thereafter;
(D) pedestrian access improvements shall be constructed along
the Kaalaiki Road frontage of the property from the Mamalahoa
Highway-Kaalaiki Road intersection to the northernmost boundary
of the area to be rezoned
t
The improvements shall be
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constructed meeting with the approval of the Department of
Public Works prior to the issuance of the Certificate of
Occupancy for the proposed use; (E) Access shall meet with the
approval of the Department of Public Works; (F) A drainage
system shall be installed in accordance with the requirements
of the Department of Public Works; (G) All other applicable
laws, rules, regulations and requirements shall be complied
with; (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 accordance with the requirements of the Unified
Impact Fees Ordinance; (I) 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, (J) 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
-3-
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; 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.
SECTIOPd 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
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
F~'~
COU IL MEMBE , COU2 Y OF HAWAII
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
January 16, 1990
January 16, 1990
February 7, 1990
February 13, 1990
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AMENDMENT TO THE ZONING CODE
AMENDING S>=cTtoN Z5-•ttl (NAA1-~HU ZONE
MAP) Ar2TIGe_E 3, CHAPTCTQ ~.5 (ZONING
Coif=) of THE HAWAII CdUNT7' COME, 87'
CHANGING THC- biSTf~tCT CLASS1FlCATION
FCQOM ~1NGLC- FAMILY PQE51bENT1AL (RS-l5~
To Vtl_L.AGI_ CoMMEI~ctAt_ (CV-to) AT KOWALA,
KA'U, HAWAII.
Pf=tEpAtel~c~ B7' 1°LANNING ~CPARTMENT
CcurvT7' of HAWAII
TMK=9-S-oB= poRT1oN of 1 Nov. ~'~ 1°>S°.~
EXHIBIT IIAII