HomeMy WebLinkAboutORD 1990-083 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. z79
ORDINANCE NO. 9~ 83
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO MODIFICATIONS OF CONDITIONS A, E, AND M OF
ORDINANCE N0. 684, WHICH RECLASSIFIED 25.783 ACRES OF LAND FROM
AGRICULTURAL (A-la) TO GENERAL COMMERCIAL (CG-20) AT
LANIHAU 2ND AND MOEAUOA 2ND, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-5-04:7.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 684 is amended as follows:
"This subsection is conditioned upon the following: (A) that
the petitioner, [Lanihau Corporation, and/or Dillingham
Corporation] successors, or assigns shall be responsible for
complying with all of the stated conditions of approval;
(B) that the conditions as outlined in Change of Zone Ordinance
No. 566 (TMK: 7-5-04:10 and 28) be complied with and shall
also be applicable to this request; (C) that plans for Phase I
shall be submitted and Final Plan Approval secured within
one (1) year from the effective date of approval of the change
of zone; (D) that construction of Phase I commence within
one (1) year from the date of receipt of Final Plan Approval
and be completed within three (3) years thereafter; (E) that
construction of Phase II shall commence [within one (1) year
from the date of completion of Phase I] on or before
September 30, 1991, and be completed within three (3) years
thereafter; (F) that accesses to the proposed development shall
meet with the approval of the Department of Public Works, and
the State Department of Transportation, Highways Division where
applicable; (G) that improvements shall be made to Kuakini
Highway as determined by the County Department of Public Works;
(H) that Henry Street shall be improved with curbs, gutters and
sidewalks in accordance with the requirements of the Department
of Public Works; (I) that the method of sewage disposal shall
meet with the approval of the appropriate County and State
agencies; (J) that a detailed drainage study and proposed
improvements shall be submitted at the time of plan approval to
the Department of Public Works and Planning Department;
(K) that the requirements of the Department of Water Supply
shall be complied with; (L) that prior to any work being done
on the archaeological sites on the property, clearance must
first be obtained from the Planning Department. Further,
should any sites be uncovered during land preparation activity,
work shall immediately cease and the Planning Department
notified. Work shall not resume unless clearance is obtained
from the Planning Department; (and] (M) 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; (N) an
annual progress report shall be submitted to the Planning
Director prior to the anniversary date of the effective date of
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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; (0) that all other applicable rules, regulations, and
requirements shall be complied with[.]; and (P) [S]should any
of the foregoing conditions not be met, rezoning of the area to
its original or more appropriate designation [may] shall be
initiated."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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.
INTRODUCED BY:
COUNCIU MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
June 20, 1990
June 20, 1990
July 5, 1990
July 16, 1990
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