HomeMy WebLinkAboutORD 1991-071 1988-1992COUNTY OF HAWAII , STATE OF HAWAII
BILL NO. 444
ORDINANCE NO. 91 '71
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 CONDITIONS B AND L OF ORDINANCE
NO. 89-54, WHICH RECLASSIFIED 2.23 ACRES OF LAND FROM MULTIPLE
FAMILY RESIDENTIAL (RM-1) TO RESORT HOTEL (V-1) ZONED DISTRICT,
PUAA 2ND, NORTH KONA, HAWAII, TAX MAP KEY 7-5-9:40.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 89-54 is amended as follows:
"SECTION 2. This change in district classification is
conditioned upon the following: (A) The applicant, successors
or assigns shall be responsible for complying with all stated
conditions of approval; (B) A Special Management Area (SMA) Use
Permit application for the proposed development shall be filed
with the Planning Department within one year from the effective
date of [the change of zone] this amendment; (C) A drainage
system shall be installed in accordance with the requirements
of the Department of Public Works; (D) Curbs, gutters and
sidewalk improvements be provided along Alii Drive meeting with
the approval of the Department of Public Works prior to receipt
of occupancy permit for the proposed development; (E) Other
roadway improvements along the Kuakini Highway and Alii Drive
frontages, including accesses to the property, shall be
provided in accordance orith the requirements of the Department
of Public Works. A comprehensive traffic management proposal,
approved by the Department of Public Works, shall be submitted
with the Special Management Area (SMA) Use Permit application;
(F) An intensive archaeological survey and mitigation plan be
submitted with the SMA Use Permit application; (G) Should any
unanticipated archaeological sites be uncovered during land
preparation activity, work within the affected area shall cease
immediately and the Planning Director notified. Work within
the affected area shall not resume until clearance is obtained
from the Planning Director; (H) The method of sewage disposal
shall meet with the approval of the appropriate governmental
agencies; (I) All applicable County and State laws, rules,
regulations and requirements shall be complied with; (J) 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; (K) An
annual progress report shall be submitted to the Planning
Director prior to the anniversary date of the effective date of
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; and (L) An initial extension of time for the
performance of conditions
-2-
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 applicants, 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 [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.
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.
-3-
,..._.. :... ~, ,.r,..:.. , .,_,.. ,:,
SECTION 4. This ordinance shall take effect upon its
approval.
INT~R-OnDUC,ED BY:
dew u
COUNCIL MEM ER, C NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 3, 1991
Date of 1st Reading: July 3, 1991
Date of 2nd Reading: July 18, 1991
Effective Date: July 24, 1991
APPROVED AS TO FORM AND LEGALITY:
C.
~~~ CORPO TION COUNSEL
DATE: (WiaY ,~ 0 1991
-4-
~, L;
_ ~~r
~' ~ _ 9t
y`
~ l
' -- ~•~\
I ^~
JZ Dp pr1EO ~ _.
tii - Q ~ ~.
1 1 `
1 ~^ ^
I ~ R~SIGENTI L.L 'tO Lt-•
_ ~ ___ - a _- HOTEL ~V _~ l __- ._--
AREA= ~~23 `~E~°5
~ -"-'3 °-
_a ~ ~ ' ~ i
..
_-~ ~ -• ~ A ~ ~f
~ ~..
~~
AMENDMENT TO THE ZONING CODE
AM~NDiNG <3ECTtON ~~-8°-~ ~KAIt_UA Uf,2i~AN ZONE
Ivt,41°) AT~TICL.-E ~, CHAI°T~R ZS (ZONING CCD~,
of TH1= HAWAII C.:uNTY CODE, @Y CHAy~1N~
-~-, ~ ~ C
-`HE pIST~IGT ^LA~S1)=ICATIC:V F <-M M--~--,
F,c~;vll.._Y ~r~IL~v T Ir~L. ~i~M-1 TC RESORT-HJT^-.L
(v-I) AT PUA~A AND. NOfiTH i'CONA, T-!A1^lAll.
-r rte; :<
~xti151T „A.~
Cc Cj a-~ ~8~