HomeMy WebLinkAboutORD 1992-025 1992-1994nk..
COUNTY OF IiAWAIIs--.; x ~,S'rATE OF HAWAII
BILL NO. 5 6 3
ORDINANCE NO. 92 25
AN ORDINANCE AMENDING SECTION 25-90 (KAILUA-HONALO URBAN ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING. CODE) OF THE HAWAII COUNTY
CODE, RELATING TO MODIFICATIONS OF CONDITIONS B THROUGH K OF
ORDINANCE NO. 89-112, WHICH RECLASSIFIED 46,882± SQUARE FEET OF
LAND FROM A SINGLE-FAMILY RESIDENTIAL-10,000 SQUARE FEET
(RS-10) TO A VILLAGE COMMERCIAL-7,500 SQUARE FEET (CV-7.5)
ZONED DISTRICT AT HONUAINO 3RD, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-9-07:30(PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 89-112 is amended as follows:
"SECTION 2. These changes in district classification are
conditioned upon the following: (A) That the applicant,
successors, or assigns shall comply with all of the stated
conditions of approval; [(B) Subdivision plans shall be'
submitted within one year from the effective date of the change
of zone. Final subdivision approval shall be secured within
one year from the date of receipt of tentative subdivision
approval;] ([C]$) Final plan approval for the [conversion of
the existing buildings for office and storage uses] development
of the CV-zoned portion of the subject property shall be
[submitted] secured within one year from the effective date of
[the change of zone] this amendment. To assure adequate time
for plan approval review and in accordance with Chapter 25-244
(Zoning Code), plans shall be submitted a minimum 45 days prior
to the date by which plan approval must be secured; ([D]Cj [The
proposed office and storage uses shall be established]
Development of the proposed commercial facilities shall be
completed (Certificate of Occupancy) within one year from the
date of receipt of Final Plan Approval. ([E]D) Access(es) to
the property shall be in accordance with the requirements of
the Department of Public Works; ([F]~) Curbs, gutters,
sidewalks, and pavement improvements shall be installed along
the frontage of the property meeting with the approval of the
Department of Public works prior to receipt of an occupancy
permit; ([G]~) A drainage system shall be installed in
accordance with the requirements of the Department of Public
Works; ([H]~) All other applicable laws, rules, regulations,
and requirements be complied with including those of the
Department of Water Supply; ([I]H) Should the council adopt a
Unified Impact Fees Ordinanace 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; ([J]I) An annual progress
report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the zone change. The
-2-
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,~([K]~) An initial
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 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; and 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 3. Material to be deleted is bracketed. New
material is underscored.
-3-
SECTION 4. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 5. This ordinance shall be effective upon its
approval.
INTRODUCED BY:
~A/
COUNCIL MEMH R, COUN Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
February 19, 1992
February 19, 1992
March 5, 1992
March 11, 1992
APPROVED AS TO FORM AND LEGALITY:
f ~Cic.^ G~~GC.~y.c__.
OFPURCOR O ATION COUNSEL
JAN 1 7 1992
DATE:
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MENDMENT TO THE ZONING CODE
AMENDiN3 Sa=CT10N ~5-QUO (KAILUA - HOIVALO
UIQBAN ZONE MA!°) ARTICLE H, Cl-1APTER '~S
(ZONING CODE) OF THE f-tAWAII COCINTY cOpE,
BY CI-fANGiN6 THL 1715T1QiCT cLASS1FiCAT1oN
Fi?OM SINGLE FAMILY RE°~ID~'NTIAL (1'~5-10) To
VILLAGE COMMERCIAL (GV-7.5) AT HONUA1No
3RD, No1QTH I<ONA, FyAYVAII_
IsRtB!°AR~D BY = 1°L.ANNING DEpARTMLNT
CouNT'Y cr t-tANlAtt
TM1~ _ 7-9-07 a ,'J' O (}DoRTtoN) MA% 16, t979°~