HomeMy WebLinkAboutORD 1991-132 1988-1992COUNTY OF HAWAII ~ STATE OF HAWAII
BILL NO. sla
(DRAFT 2)
ORDINANCE NO. 41 13,^.
AN ORDINANCE AMENDING SECTION 25-96 (HAMAKUA DISTRICT ZONE
MAP); SECTION 25-97 (HAMAKUA DISTRICT HOMESTEADS AREA ZONE MAP)
AND SECTION 25-100 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING
THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a), (A-20a)
AND (A-40a) TO AGRICULTURAL (A-20,000a).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-96, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following areas
covered by Tax Map Key 4-7-01:1, 17, 23, 26; 4-7-03:1, 8;
4-7-04:1; 4-7-05:1; 4-7-06:1, 18, 19, 20; 4-8-02:3;
4-8-03:2, 5; and 4-8-05:POrtion of 2 (exclusive of A-la
zoned area) containing an area of 3,363± acres shall be
Agricultural (A-20,000a). All as shown on tax maps on
file with the Planning Department.
SECTION 2. Section 25-97, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following areas
covered by Tax Map Key 4-1-02:9, 10, 11; 4-1-03:2, 7, 8,
9, 22; 4-1-04:2, 9, 15, 21, 30, 32, 34; 4-2-01:10, 12, 21,
30; 4-2-02:2, 3, 6, 7, 8; 4-2-03:3; 4-2-05:1, 3; 4-2-06:1;
4-2-07:1, 3; 4-2-08:6, 11; 4-3-O1:POrtion of 3 (exclusive
of State Land Use Urban area); 4-3-03:8, 11; 4-3-04:9;
4-3-05:2, 3, 7; 4-3-07:4; 4-3-09:2; 4-3-11:1, 2; 4-4-01:2,
17; 4-4-02:1, 2, 4; 4-4-03:2; 4-4-09:16; 4-4-10:7, 16;
4-4-11:1; [4-5-05:1] 4-5-01:1; 4-5-02:7, 12, Portion of 21
(exclusive of State Land Use Urban and A-la zoned area);
4-6-03:3, 4, 7, 10, 12, 13, 15 and 4-6-04:4 containing an
area of 8,790± acres shall be Agricultural (A-20,OOOa).
All as shown on tax maps on file with the Planning
Department.
SECTION 3. Section 25-100, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following areas
covered by Tax Map Key 3-9-01:3 and 3-9-02:9 containing an
area of 61.6± acres shall be Agricultural (A-20,OOOa).
All as shown on tax maps on file with the Planning
Department.
SECTION 4. These changes in district classification is
conditioned upon the following: (A) the applicant, successors
or its assigns shall comply with all stated conditions of
approval; (B) consolidation plans for contiguous parcels of
land shall be submitted to the Planning Department within six
months from the effective date of this ordinance. Final
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consolidation shall be secured within one year thereafter; (C)
any dwelling to be constructed on the parcel(s) after
consolidation shall comply with Chapter 205, HRS, relating to
Land Use. Further, restrictive covenants shall prohibit the
construction of ohana dwelling units on the consolidated
parcels. Restrictive covenants in the deeds of all lots shall
incorporate the list of permitted uses set forth in Chapter
205, HRS, and shall prohibit the construction of ohana dwelling
units. A copy of the proposed covenant(s) shall be submitted
to the Planning Department for review and approval prior to
final consolidation approval. A copy of a typically recorded
covenant shall be filed with the Planning Department within one
year from the date of final subdivision approval of
consolidation approval; (D) an annual progress report shall be
submitted to the Planning Department prior to the anniversary
date of the approval of this change of zone. The report shall
address the status of the consolidation 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 Department acknowledges that
further reports are not required; and (E) an extension of time
for the performance of conditions set forth in this 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
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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 of the respective development areas not be met
or substantially complied with in a timely fashion, the
Director shall initiate rezoning of the applicable area to its
original or more appropriate designation.]
SECTION 5. 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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SECTION 6. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction: November 20, 1991
Date of 1st Reading: November 20, 1991
Date of 2nd Reading: December 10, 1991
Effective Date: December 27, 1991
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