HomeMy WebLinkAboutORD 1990-146 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 340
ORDINANCE NO. 00 146
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITION A AND THE ADDITION OF
CONDITIONS B, C, D AND E OF ORDINANCE N0. 513, WHICH
RECLASSIFIED 86.50 ACRES OF LAND FROM AN AGRICULTURAL (A-3a) TO
AN AGRICULTURAL (A-la) ZONED DISTRICT AT OOMA 2ND, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-3-07:37.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 513 is amended as follows:
"SECTION 2. Section 1 of this ordinance shall take effect
forthwith upon the conditions that (A) the area be zoned in
[three (3)] two increments. The first increment shall consist
of thirty-six (36) lots; the second shall consist of [twenty
(20) lots; and the third the remaining lots] the remaining
area. The effective date of zoning for the second increment
shall be after development has occurred on the first
increment. Development is defined as building permits issued
for residential dwelling units and construction partially
completed--partially completed in the sense of having roofs on
those units--on nine (9) or 25 per cent of the lots in the
first increment[. The effective date of zoning for the third
increment shall be after development, as defined previously,
has occurred on a total of eighteen (18) lots of the previous
increment or increments. This is to assure that a minimum of
twenty-five (25) per cent of the lots of the entire requested
area would have houses constructed on them; and (B) the owner
of lessee of the subject area submit a subdivision plan and
secure preliminary approval of the first increment within
one (1) year from the date of approval of the change of zone
request. Should this condition not be met, the Planning
Commission shall reserve the right to initiate action to rezone
the subject area to its former designation.]; (B) subdivision
plans for the final increment shall be submitted within one
year from the effective date of this amendment. Final
subdivision shall be secured within one year from the date of
receipt of tentative subdivision approval; (C) all other
applicable laws, rules, regulations, and requirements shall be
complied with; (D) 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; (E) 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
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complied with and the Planning Director acknowledges that
further reports are not required; (F) 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
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 2. Material to be deleted is bracketed. New
material is underscored.
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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:
W~'~'~ Wtc.O
COU CIL MEMBER C UNTY HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
November 8, 1990
November 8, 1990
November 21, 1990
November 30, 1990
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