HomeMy WebLinkAboutORD 1990-016 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 200
(Draft 2)
ORDINANCE NO. 90 01.6
AN ORDINANCE AMENDING SECTION 25-95 E (LALAMILO-PUUKAPU ZONE
MAP) ARTICLE 3, CEAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-40a) TO AGRICULTURAL (A-5a) AT PUUKAPU HOMESTEADS,
2ND SERIES, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-4-30:(SEGMENT OF GOVERNMENT ROADWAY).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95E, 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 Puukapu Homesteads, 2nd Series, South Kohala,
Hawaii, shall be Agricultural (A-Sa):
Beginning at the southeast corner of this roadway parcel,
being the northeast corner of Lot 2-C, a portion of
Grant 7981 to Leone Naiheauhau and on the westerly side of
20-feet Government Road Reserve, the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "WAIMEA EAST BASE" being
10,392.11 feet North and 6,912.47 feet East, thence
running by azimuths measured clockwise from True South:
1. 127° 57' 1,031.00 feet along Lot 2-C, a
portion of Grant 7981
to Leone Niheauhau;
2. 256° 10' 25.46 feet along Lot 5,
Hawaiian Home Lands;
3. 307° 57' 989.85 feet along Lot 13,
portion of Land
Commission Award
8559-B, Apana 2 to
William C. Lunalilo;
LA/TN
4. 346° 10' 32.33 feet along 20-feet
Government Road Reserve
to the point of
beginning and
containing an area of
20,209 square feet or
0.464 acre.
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) Plans for
consolidation/resubdivision shallbe submitted to the Planning
Department within one year from the effective date of the
change of zone. Final subdivision approval shall be secured
within one year of the receipt of tentative subdivision
approval; (C) Access shall meet with the approval of the
Department of Public Works; (D) A drainage system shall be
installed in accordance with the requirements of the Department
of Public Works; (E) All other applicable laws, rules,
regulations, and requirements shall be complied with;
(F) 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
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Ordinance; (G) 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; (H) 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 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
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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:
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
~h
COUN IL MEMBER, COUNTY 0 HAWAII
February 7, 1990
February 7, 1990
February 21, 1990
Plarch 1, 1990
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AMENDMENT TO THE ZONINI G CODE
AMENDING 5ECT10N ~S-Q~S E (LALAMII-B-
PUUKAPU ZoN~ MAI°~ Af~TICLC ~, CHAI°TET~
Z5 (ZONING COD>=) OF THE HA1/VAtI COUNT'
CoUC--, B>' CHANGING THE DISTt'~IC-r' CLA551-
FICATION Pf?OTV1 AGRICULTURAL (A-4oa) To
AGI~ICU[.TUI~AL (A-5ct) AT PUU1'CAPu H01VIE-
STEADS, AND SEI~1>=.5, SOVTH KOHAL-A, HA1^IAtI.
F'RBPARC--~ By =PLANKING DEPARTMEf`1T
courv~-~ o~ r-t~wAll
TM K _ 6-4-30 =
P~RT1oN OF 6ov'T ROAf~wAy
lYOV- '27, 1989
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