HomeMy WebLinkAboutORD 1991-117 1988-1992COUNTY OF HAWAIII".1111,1-2, STATE OF HAWAII
BILL NO. 499
ORDINANCE NO. 91 117
AN ORDINANCE AMENDING SECTION 25-113(7), (THE SOUTH HILO
DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITIONS B,
D, G, H AND I AND ADDITIONAL CONDITIONS J, K AND L OF ORDINANCE
NO. 792, WHICH RECLASSIFIED CERTAIN LAND FROM SINGLE FAMILY
RESIDENTIAL (RS -10) TO VILLAGE COMMERCIAL (CV -10) AND FROM
VILLAGE COMMERCIAL (CV -10) TO SINGLE FAMILY RESIDENTIAL
(RS -7.5) AT PEPEEKEO AND MAKAHANALOA, SOUTH HILO, HAWAII, TAX
MAP KEY 2-8-7:66, 69 and 2-8-23:1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 792 is amended as follows:
"These subsections are conditioned upon the following:
(A) that the petitioner or his authorized representative shall
be responsible for complying with all of the stated conditions
of approval; (B) that the subdivision plan for the single
Family Residential - 7,500 square foot (RS -7.5) zoned area
shall be submitted to the Planning Department and tentative
approval secured within one (1) year from the effective date of
[the change of zone] this amendment. Final subdivision
approval shall be secured within one (1) year thereafter;
(C) that an Agreement shall be entered into with the Planning
Department in order to assure that single family units will be
constructed on the proposed lots. The Agreement shall be
submitted at the time of subdivision review. Upon acceptance
of the Agreement by the Planning Department and Corporation
Counsel, it shall be filed with the State Bureau of
Conveyances; (D) that the consolidation and re -subdivision
plans for the Village Commercial - 10,000 square foot
(CV) zoned area shall be submitted to the Planning Department
and tentative approval secured within one (1) year from the
effective date of [the change of zone] this amendment. Final
subdivision approval shall be secured within one (1) year
thereafter; (E) that plans shall be submitted for one (1) of
the proposed CV zoned lots and Final Plan Approval, in
accordance with Chapter 8 (Zoning Code), Hawaii County Code,
secured within one (1) year from the date of receipt of final
subdivision approval. Construction shall commence within
one (1) year from the date of receipt of Final Plan Approval
and be completed within two (2) years thereafter. Construction
on the remaining lots shall commence within one (1) year from
the date of completion of the development of the first lot and
be completed within two (2) years thereafter; (F) that a
drainage system in accordance with the standards of the
Department of Public Works shall be installed; (G) that the
remaining section of Kaakepa Street, fronting TMK: 2-8-23:1,
shall be improved, including the provision of curbs, gutters,
and sidewalks, as required by the Department of Public Works.
These improvements shall be completed prior to [the
development] securing final subdivision approval of the CV
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zoned lands; (H) that all applicable conditions spelled out in
Ordinance No. 71 shall be complied with; [and] (I) that all
other applicable rules, regulations, and rgquirements,
including those of the State Department of Health, the County
Department of Water Supply, and the Fire Department, shall be
complied with[. Should any of the foregoing conditions not be
met, rezoning of the area to its original or more appropriate
designation may be initiated.]• (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 reguirements
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 the zone change Th
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 no
required• and (L) an initial extension of time for the
Performance of conditions within the ordinance may be granted
by the Planning Director upon the following circumstances•
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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 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.
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.
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MlRTtsNY010 Of Ol9CRII.TION
AMENDMENT TO THE ZONING CODE
AMENDMENT NO. 6 TO SECTION 7.28 (THE SOUTH HILO DISTRICT
ZONE MAP) ARTICLE 2, CHAPTER 9 (ZONING CODE:) OF THE
HAWAII COUNTY CODE, AS AMENDED, 13Y CHANGING THE
DISTRICT CL.ASSIF1CAT10N FROM SINGLE FPtA'LY RE3SIDEN-
TIAL (R3-10) To VILLAGE COMMERCIAL (CV -10) AND FROM
VILLAGE COMMERCIAL (CV -10) TO $INGLE FFArn1L-' RESIDEN-
TIAL (RS -7.5) AT PEpEEI<EO AND MAKAHfhNALOA, SOUTH HILO,
HAWAII. C1ATE o¢ PUBLIC HwA"MING : Nov IB. 1',BI
C¢¢C9c-rIV G' GATE - JUNC 22, 12lae
6ROfNANCC NUMIB 1M : 792
pR�PA•^�co B7' = PL-FI`ININS oMI1 ^RTM="-r
couNT7 of r}/�WAII
TMK : Z -e -o7: 6M, 69 * ac -6-23 e 1
MARCH �6. 1^02
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUN IL MEMB R, CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
November
6,
1991
Date of 1st Reading:
November
6,
1991
Date of 2nd Reading:
November
20,
1991
Effective Date:
December
2,
1991
APpI'gVED AS TO F RM AND LEGALITY:
DATED: //( 7l 7
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