HomeMy WebLinkAboutORD 1992-015 1992-1994COUNTY OF HAWAIh STATE OF HAWAII
BILL NO. 544
ORDINANCE NO. 92 1S
AN ORDINANCE AMENDING SECTION 25-111 (NAALEHU ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITION D OF ORDINANCE
NO. 90-129, WHICH RECLASSIFIED 17,207 SQUARE FEET OF LAND FROM
SINGLE FAMILY RESIDENTIAL (RS-7.5) TO VILLAGE
COMMERCIAL (CV-7.5) ZONED DISTRICT AT POUPOUWELA AND KOWALA,
KA'U, HAWAII, COVERED BY TAX MAP KEY 9-5-24:77.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance 90-129 is amended as follows:
"This change in district classification is conditioned
upon the following: (A) the applicant, successors, or assigns
shall comply with all of the stated conditions of approval;
(H) Final Plan Approval of the proposed development shall be
secured from the Planning Department within one year from the
effective date of the change of zone. To assure adequate time
for plan approval review and in accordance with Chapter 25-244
(Zoning Code), plans shall be submitted a minimum of forty-five
days prior to the date by which plan approval must be secured;
(C) construction (renovations) shall commence within one year
from the date of receipt of Final Plan Approval and be
completed within two years thereafter; (D) [curbs, gutters,
sidewalks and pavement improvements shall be provided within
the Mamalahoa Highway right-of-way along the frontage of the
property meeting with the approval of the Department of Public
Works prior to receipt of a certificate of occupancy for any
portion of the development] the property owner shall maintain
the abutting county pronerty which is used as a sidewalk,
pursuant to Chapter 22-58 of the Hawaii County Code relating to
Streets and Sidewalks; (E) all other applicable laws, rules,
regulations, and requirements shall be complied with;
(F) should the council adopt a Unified Impact Fee 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; (G) 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 complied with
and the Planning Director acknowledges that further reports are
not required; and, (H) 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
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non-performance is the result of conditions that could not have
been foreseen or are beyond the conrol 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.
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordiance.
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SECTION 4. This ordinance shall take effect upon its
approval..
BY:
d~.~LaN.d 4`'
COUNCIL MEMBE COUN Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
January 22, 1992
January 22, 1992
February 5, 1992
February 18, 1992
APPROVED AS TO FORM AND LEGALITY:
OE1'UTY CORP TION COUNSEL
DATED: n,~.v " ? 1991
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MENDMENT TO THE__. ZONING CODE
AMENDING SECTION Z5-III ~NAALL}-tIJ zONC MAp)
ART'iCLE 3, Ct-1APT~ ~s (zflNifvG C017L~ of THc
HAWAII COUN~-1/ CODE B7' CHANGING THE D15T1'~lC"r
CI--+~°f51FiCAT10N FROM SiNGLC- PAMILy RESIpEN-
TIAI... (t:ZS-7.5) 'TIO Y1 L..LAG1= CON1M ET~CIAL (Ci/-7.5~
AT POt1POUWC-LA AND 1COWALA, KA'U, HAW.~I1.
PR~PARt=p Lily = Pt_ANNING CEPART1~IL tvT
CouNT7' c>= HAfN,411
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