HomeMy WebLinkAboutORD 1990-109 1988-1992kV: Y:-
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COUNTY OF HAWAII x ~„STATE OF HAWAII
BILL NO. 297
ORDINANCE NO. 90 1~9
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 CONDITION C OF ORDINANCE
NO. 87 95, WHICH RECLASSIFIED 0.706 ACRE OF LAND FROM
AGRICULTURAL (A-la) to GENERAL COMMERCIAL (CG-20) AT
LANIHAU 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-5-04:29 (PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 87 95 is amended as follows:
"SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicants shall
submit the required water commitment payment to the Department
of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval
of the change of zone. The zoning of the property shall not be
in effect until the water commitment payment is accepted by the
Department of Water Supply; (B) the applicants, successors or
assigns shall be responsible for complying with all of the
stated conditions of approval; (C) [plans for the development
of the property shall be submitted for plan approval review
within one year from the effective date of the change of zone]
final Plan Approval shall be secured from the Plannin~c
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 clan approval must be secured; (D) construction of
any improvements shall commence within one year from the date
[or] 2 receipt of final plan approval and be completed within
two years thereafter; (E) no direct access to the property shall
be allowed for the Queen Kaahumanu Highway extension. Access
shall be from an interior roadway system which accesses onto
Palani Road[,] and shall meet[s] with the approval of the
Department of Public Works; (F) a drainage system in accordance
with the requirement of the Department of Public Works shall be
installed; [and,] (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 in 1 ded
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
s~kmitted to the Planning Director prior to the anniversary date
of the effective date of the zone chance The report shall
address the status of the development and the compliance wi h
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) all other applicable
rules, regulations and requirements shall be complied with. An
extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the
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following circumstances: a) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicants, and are not the result of their
fault or negligence; b) granting of the time extension would
not be contrary to the general plan or zoning code; c) granting
of the time extension would not be contrary to the original
reasons for the granting of the change of zone; d) 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 e) 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 [may] 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.
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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:
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COU CIL MEMB R, COU Y OF HAWAII
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
August 15, 1990
August 15, 1990
September 5, 1990
September 14, 1990
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