HomeMy WebLinkAboutORD 1990-131 1988-1992a`"w
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COUNTY OF HAWAII ~,~;,-:.STATE OF HAWAII
Bill No. 321
ORDINANCE NO. 90 131
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-7.5) TO VILLAGE COMMERCIAL (CV-7.5) AT
POUPOUWELA AND KOWALA, KA'U, HAWAII, COVERED BY TAX MAP
KEY 9-5-24:76.
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 Poupouwela and Kowala, Ka'u, Hawaii, shall be
Village Commercial (CV-7.5):
Beginning at a spike at the Southwest corner of this
parcel of land and at the Northwesterly side of the
Mamalahoa Highway, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "STEIN 2" being 247.09 feet North and 2,368.31
feet West and running by azimuths measured clockwise from
true South:
1. 167° 26' 11" 175.40 feet along Lot 170-A to
a pipe;
2. 253° 53' 30" 104.80 feet along Lot 173 and
Lot 174, Naalehu
Subdivision, Third
Series to a pipe;
3. 348° 19' 181.91 feet along Lot 170-C to
a pipe at the
Northwesterly side of
the Mamalahoa Highway;
4. 77° 26' 11" 101.81 feet along the
Northwesterly side of
the Mamalahoa Highway
to the point of
beginning and
containing an area of
18,432 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 comply with all of the stated conditions of
approval; (B) Final Plan Approval of the proposed development
shall be secured from the Planning Department 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 of forty-five days prior to the date by which plan
approval must be secured; (C) construction (renovations) shall
commence within one year from the date of receipt of Final Plan
Approval and be completed within two years thereafter;
(D) curbs, gutters, sidewalks and pavement improvements shall
be provided within the Mamalahoa Highway right-of-way along the
frontage of the property meeting with the approval of the
Department of Public Works prior to receipt of a certificate of
occupancy for any portion of the development; (E) all other
applicable laws, rules, regulations, and requirements shall be
complied with; (F) should the council adopt a Unified Impact
-2-
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; (G) 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, (H) 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 to one additional year); and 5) if the
-3-
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.
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:
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Gay°/'^'~~N' ~/
COUNC L MEMBER, COUNTY F HAWAII
Hilo, Hawaii
Date of Introduction: October 3, 1990
Date of 1st Reading: October 3, 1990
Date of 2nd Reading: October 17, 1990
Effective Date: October 20, 1990
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-I!f ~NAALEHU ZONE MAP)
ARTICLE 3, CHAPTEI~Z 25 (ZONING CODE OF THC
HAWAII COUNTY CODE sy CHANGING THE DISTRICT
CLASSIFICATIO(`t FROM SINGLC- FA1~11L-7' I~EStDEN-
TIAL ~i~25-7.5) TO VILLAGC- COMMERCIAL. (G~/-7.5~
AT POt1POUWC-LA AND KOWA~-A, KA'U, HAYVAII.
~REPAR CCU Ley = PLANNING OC-pAiQTMENT
CouNTy oP HAYVAII
TMK = g-~-~4 ° ~6
JULY 17, t~mo
EXHIBIT IIA°