HomeMy WebLinkAboutORD 1991-110 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 484
ORDINANCE NO. 91 110
AN ORDINANCE AMENDING SECTION 25-103 (PUNA DISTRICT ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO
AGRICULTURAL (A -5a) AT HALEKAMAHINA, PUNA, HAWAII, COVERED BY
TAX MAP KEY 1-4-73:2.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-103, 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 Halekamahina, Puna, Hawaii, shall be
Agricultural (A -5a):
Beginning at a point at the Northwest corner of this
parcel of land and on the Northeasterly side of a 40 -foot
Road, being also the South corner of Lot 59, and running
by azimuths measured clockwise from true South:
1. 242' 14' 588.47 feet along Lot 59,
Vacationland Hawaii
Unit II;
2. 3320 14' 35" 171.30 feet along remainder of
R.P. 7483, L. C.
AW. 4452 Apana 2 to H.
Kalama;
3. 10' 00' 367.60 feet along remainder of
R.P. 7483, L. C.
AW. 4452 Apana 2 to
H. Kalama;
4. 800 57' 407.04 feet along Lot 57,
Vacationland Hawaii
Unit II to a point at
the easterly side of a
40 -Foot Road; thence
along the easterly side
of a 40 -Foot Road along
a curve to the left
having a radius of
420.00 feet, the chord
azimuth and distance
being:
5. 161' 35' 30" 136.59 feet;
6. 152' 14' 196.50 feet along the
northeasterly side of a
40 -Foot Road to the
point of beginning and
containing an area of
5.000 acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. This chan1ge in district classification is
conditioned upon the following: (A) the applicant, its
successors or assigns shall comply with all stated conditions
of approval; (B) construction of a single-family dwelling shall
commence (building permit) within one year from the effective
date of the zone change and shall be completed within two years
thereafter; (C) all other laws, rules, regulations and
requirements of State and County agencies 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
-2-
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 this change of zone. The report
shall include, but not be limited to, the status of the
development and to what extent the conditions of approval are
being complied with. This condition shall remain in effect
until all of the conditions of approval have been complied and
the Planning Director acknowledges that further reports are not
required; and, (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
-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.
BY:
COUNCIL MEMBER, COUN9y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Ocotber
2,
1991
Date of 1st Reading:
October
2,
1991
Date of 2nd Reading:
October
16,
1991
Effective Date:
October
24,
1991
APPROVED AS TO FORM AND LEGALITY:
DAT AUG 2 z,, 19;1
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION -25-103 (PUNA 1715TR1CT moNe MAP)
ARTICLE 3, CHAPTER ZS (ZONING COPE) OF THC—
HAWAII COUNTi/ COPE 19'/ CHANS)NO THE DISTRICT
CLASSIFICATION FROM oPEN (0) TO AGiQICULTUR^L-
(A-Sq) AT HALEKAMAHINA, PUNA, HAWA11_
PREPARED BY - PLANNING pCPARTMC-NT
COUNTY OF H^VVAll
ITMK = 1-4-73 = -2 JULY 10, ig!Dt
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION -25-103 (PUNA 1715TR1CT moNe MAP)
ARTICLE 3, CHAPTER ZS (ZONING COPE) OF THC—
HAWAII COUNTi/ COPE 19'/ CHANS)NO THE DISTRICT
CLASSIFICATION FROM oPEN (0) TO AGiQICULTUR^L-
(A-Sq) AT HALEKAMAHINA, PUNA, HAWA11_
PREPARED BY - PLANNING pCPARTMC-NT
COUNTY OF H^VVAll
ITMK = 1-4-73 = -2 JULY 10, ig!Dt
EXHIBIT "A" CMICHA6L �_ St l-rH)