HomeMy WebLinkAboutORD 1990-114 1988-1992COUNTY OF HAWAII `,::STATE OF HAWAII
BILL NO. 306
ORDINANCE NO. g0 11g`
AN ORDINANCE AMENDING SECTION 25-95H (WAIKOLOA VILLAGE ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE
FAMILY RESIDENTIAL (RM-3) TO VILLAGE COMMERCIAL (CV-10) AT
WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 6-8-03:8(PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95H, 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 Waikoloa, South Kohala, Hawaii, shall be
Village Commercial (CV-10):
Beginning at the North corner of this parcel of land, on
the boundary line of Lots 110 and 115 of Waikoloa Village,
Unit 1-A (File Plan 1188), the coordinates of which
referred to Government Survey Triangulation Station "PUU
HINAI" being 9,756.78 feet North and 3,132.16 feet West
and running by azimuths measured clockwise from true South:
1. 10° 41' 53" 220.00 feet along Lot 115 of
Waikoloa Village, Unit 1-A
(File Plan 1188);
2. 77° 00' 275.00 feet along Lot 1`15 of
Waikoloa Village, Unit 1-A
(File Plan 1188);
3. 228° 00' 415.52 feet along remainder of
Lot 110 of Waikoloa
Village, Unit 1-A (File
Plan 1188) to the point of
beginning and containing
an area of 27,699 Square
Feet or 0.636 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 comply with all the stated conditions of
approval; (B) Final Plan Approval for the proposed development
shall be secured within one year from the effective date of the
change of zone. To assure adequate time for plan approval
review and in accordance with Chapter 25-244 (Zoning Code),
plans shall be submitted a minimum 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) A drainage system shall be installed in
accordance with the requirements of the Department of Public
Works; (E) Access shall meet with the requirements of the
Department of Public Works; (F) The applicant shall participate
in the contribution of a pro rata share of the cost of
installing traffic signals at the intersection of Waikoloa Road
and Paniolo Avenue as determined and when required by the
Department of Public Works; (G) Comply with all applicable
laws, rules, regulations and requirements; (H) Should .t he
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
-2-.
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 change of zone. 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 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 applicant,
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 t4 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
-3-
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 the 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:
COU CIL MEMBE COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: September 5, 1990
Date of 1st Reading: September 5, 1990
Date of 2nd Reading: September 19, 1990
Effec tive Date: September 26, 1990
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~S-J5 H {WAIKOl..OA VILLAGE
ZONE MAI°) AIQTICLE 3, CHAPTEI? ZS ZONING
COPE) OF THE t-IAWAII CoUNT7' CODE, Bpi' CHANG-
ING THE VISTIQICT CLASSIFICATION FR01Y1
MULTIPLE FAMII-~' iQC-S1~ENTIAL- (RNI-3) T~
VILLAGE CONIMEI'QC)AL (CV-10) AT WAIKOLOA,
SOUTH KOHALA~ NA1NA11_
I°RE PAREt~ rray = I°LANNING ~EPAtFTM ENT
COU NT'y of HAWAit
MK' 6-8-03 = 8 CPOR-) MAY t0, t~~o
EXHIBIT IIAI~